HB2258 - Imposing private civil liability on anyone who causes or contributes to the social transitioning of a minor.

      By: Toth H.B. No. 2258       A BILL TO BE ENTITLED   AN ACT   imposing private civil liability on anyone who causes or   contributes to the social transitioning of a minor.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Vulnerable Youth   Protection Act.          SECTION 2.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter Y to read as follows:   SUBCHAPTER Y. VULNERABLE YOUTH PROTECTION ACT           Sec. 161.711.  DEFINITIONS. In this subchapter:                 (1)     "Castration, sterilization, or mutilation of a   minor" means any of the procedures or treatments prohibited in   Subchapter X, Chapter 161, Health and Safety Code, regardless of   who performs or provides those procedures or treatments.   It does   not include any of the conduct described in Section 161.703, Health   and Safety Code.                 (2)     "Social transitioning" means any act by which a   minor child adopts or espouses a gender identity that differs from   the child's biological sex as determined by the sex organs,   chromosomes, and endogenous profiles of the child.   This can   include but is not limited to changes in clothing, pronouns,   hairstyle, and name.           Sec.   161.712.     CAUSING OR CONTRIBUTING TO THE TRANSITIONING   OF A MINOR. (a)     Any person who causes or contributes to:                 (1)  The social transitioning of a minor; or                 (2)     The castration, sterilization, or mutilation of a   minor,           shall be strictly, absolutely, and jointly and severally   liable to the child and the child's parents for any personal   injuries or harm resulting from the conduct described in this   subsection, PROVIDED, that no person may be held liable under this   section for speech or conduct protected by the First Amendment of   the United States Constitution, as made applicable to the states   through the Supreme Court of the United States' interpretations of   the Fourteenth Amendment of the United States Constitution, or by   Article 1, § 8 of the Texas State Constitution.           (b)     A person who prevails in a suit brought under this   section   shall be entitled to recover:                 (1)  nominal damages;                 (2)  compensatory damages;                 (3)     statutory damages in an amount of not less than   $10,000.00 from each defendant, in addition to any compensatory   damages that may be awarded; and                 (4)     punitive damages in an amount of not less than   $10,000,000.00 from each defendant if irreversible sterilization   or sexual dysfunction results, in addition to any compensatory   damages that may be awarded; and                 (5)  costs and reasonable attorney's fees.           (c)     Notwithstanding any other law, a person may bring an   action under this section not later than the 20th anniversary of the   date the cause of action accrues.           (d)     Notwithstanding any other law, the following are not a   defense to an action brought under this section:                 (1)  ignorance or mistake of law;                 (2)     a defendant's belief that the requirements or   provisions of this subchapter are unconstitutional or were   unconstitutional;                 (3)     a defendant's reliance on any court decision that   has been vacated, reversed, or overruled on appeal or by a   subsequent court, even if that court decision had not been vacated,   reversed, or overruled when the conduct described in subsection   (a) occurred;                 (4)     a defendant's reliance on any state or federal   court decision that is not binding on the court in which the action   has been brought;                 (5)     a defendant's reliance on any federal statute,   agency rule or action, or treaty that has been repealed,   superseded, or declared invalid or unconstitutional, even if that   federal statute, agency rule or action, or treaty had not been   repealed, superseded, or declared invalid or unconstitutional when   the conduct described in subsection (a) occurred;                 (6)     non-mutual issue preclusion or non-mutual claim   preclusion;                 (7)     the consent of the plaintiff to the defendant's   conduct;                 (8)  contributory or comparative negligence;                 (9)  assumption of risk;                 (10)  lack of but-for or proximate causation;                 (11)     sovereign immunity, governmental immunity,   official immunity, or qualified immunity;                 (12)     the plaintiff's waiver or purported waiver of   their right to sue under this section;                 (13)     the plaintiff's failure to exhaust administrative   remedies; or                 (14)     any claim that the enforcement of this subchapter   or the imposition of civil liability against the defendant will   violate the constitutional rights of third parties, except as   provided by Subsection (h).           (e)     Notwithstanding any other law, including Chapter 17,   Civil Practice and Remedies Code, the courts of this state shall   have personal jurisdiction over any defendant sued under this   section to the maximum extent permitted by the Fourteenth Amendment   to the United States Constitution.           (f)     Notwithstanding any other law, the law of Texas shall   apply to any gender-transitioning treatment provided to a resident   or citizen of Texas, regardless of where that treatment occurred,   and to any civil action brought under this Section, to the maximum   extent permitted by the Constitution of the United States and the   Constitution of Texas.   Any contractual choice-of-law provision   that purports to require the law of a different jurisdiction to   apply shall be void as against public policy, and may not be   enforced in any state or federal court.   This section shall apply   extraterritorially to the maximum extent permitted by the   Constitution of the United States and the Constitution of Texas.           (g)     A civil action under this section may not be brought   against any person that acted at the behest of federal agencies,   contractors, or employees that are carrying out duties under   federal law, if the imposition of liability upon that person would   violate the doctrines of preemption or intergovernmental immunity.           (h)     A defendant against whom an action is brought under this   section may assert an affirmative defense to liability under this   subsection if:                 (1)     the imposition of liability on the defendant will   violate constitutional or federally protected rights that belong to   the defendant personally; or                 (2)  the defendant                       (A)     has standing to assert the rights of a third   party under the tests for third-party standing established by the   Supreme Court of the United States; and                       (B)     demonstrates that the imposition of   liability on the defendant will violate constitutional or federally   protected rights belonging to that third party.           (i)     Nothing in this section or subchapter shall limit or   preclude a defendant from asserting the unconstitutionality of any   provision or application of Texas law as a defense to liability   under this section, or from asserting any other defense that might   be available under any other source of law.           (j)     Notwithstanding any other law, this section shall be   enforced exclusively through the private civil actions described in   Subsections (a) and (b).   No direct or indirect enforcement of this   section may be taken or threatened by the state, a political   subdivision, a district or county attorney, or any officer or   employee of this state or a political subdivision against any   person or entity, by any means whatsoever, and the conduct   described in Subsection (a) may not be used to justify or trigger   the enforcement of any other law or any type of adverse consequence   under any other law, except through the private civil actions   described in Subsections (a) and (b).   This section does not   preclude or limit the enforcement of any other law or regulation   against conduct that is independently prohibited by such other law   or regulation, and that would remain prohibited by such other law or   regulation in the absence of this section.           (k)     Notwithstanding any other law, neither the state, nor   any of its political subdivisions, nor any district or county   attorney, nor any officer or employee of this state or a political   subdivision may:                 (1)     act in concert or participation with anyone who   brings suit under this section;                 (2)     establish or attempt to establish any type of   agency or fiduciary relationship with a person who brings suit   under this section;                 (3)     make any attempt to control or influence a person's   decision to bring suit under this section or that person's conduct   of the litigation; or                 (4)     intervene in any action brought under this   section.           This subsection does not prohibit a person or entity   described by this subsection from filing an amicus curiae brief in   the action, so long as that person or entity does not act in concert   or participation with the plaintiff or plaintiffs who sue under   this section or violate any provision of Subsection (k)(1)-(4).           (l)     Notwithstanding any other law, a civil action under this   section shall not be subject to any provision of Chapter 27, Civil   Practice and Remedies Code, or Chapter 110, Civil Practice and   Remedies Code.           (m)     Notwithstanding any other law, including Rule 42 of the   Texas Rules of Civil Procedure, a civil action under this section   may not be litigated on behalf of a plaintiff class or a defendant   class, and no court may certify a class under Rule 42 of the Texas   Rules of Civil Procedure in any civil action brought under this   section.           (n)     Any waiver or purported waiver of the right to sue under   this section shall be void as against public policy, and shall not   be enforceable in any court.             Sec.   161.713.     IMMUNITY FROM SUIT AND LIMITS ON STATE-COURT   JURISDICTION. (a)     Notwithstanding any other law, the state and   each of its officers and employees shall have sovereign immunity,   its political subdivisions and each of their officers and employees   shall have governmental immunity, and each officer and employee of   this state or a political subdivision shal [Text truncated for display. Full text available on Congress.gov.]