H.B. No. 7, known as the Woman and Child Protection Act, establishes new regulations regarding the manufacture and provision of abortion-inducing drugs in Texas by creating Chapter 171A in the Health and Safety Code. The bill prohibits the manufacture, distribution, and provision of these drugs, with exceptions for medical emergencies and certain defined circumstances. It also allows for qui tam actions, enabling private individuals to sue on behalf of the state against violators, while protecting women seeking such drugs and certain entities acting under federal law from being sued. The legislation aims to enforce these prohibitions while maintaining confidentiality for the identities of women involved.
Additionally, the bill introduces amendments related to civil liability and defenses under Section 171A.101, allowing defendants to assert affirmative defenses if civil liability would violate their rights under federal or Texas law. It sets a six-year statute of limitations for actions under this section and outlines remedies for qui tam relators, including monetary awards and attorney's fees. The bill also addresses clawback actions, establishing that defendants cannot relitigate claims once a judgment is entered against them and that out-of-state judgments under clawback provisions cannot be enforced unless required by federal law or the Texas Constitution. It designates the Fifteenth Court of Appeals as having exclusive jurisdiction over appeals related to these civil actions, with the provisions applying only to causes of action accruing after the bill's effective date, which is 91 days post-legislative session.
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