HB5510 - Relating to abortion, including civil liability for distribution of abortion-inducing drugs, and to the destruction of certain property; making conforming changes and harmonizing conforming provisions; creating criminal offenses; authorizing a private civil right of action.

  89R11900 JG-F     By: Leach H.B. No. 5510       A BILL TO BE ENTITLED   AN ACT   relating to abortion, including civil liability for distribution of   abortion-inducing drugs, and to the destruction of certain   property; making conforming changes and harmonizing conforming   provisions; creating criminal offenses; authorizing a private   civil right of action.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Women and Child   Protection Act.          SECTION 2.  Subtitle H, Title 2, Health and Safety Code, is   amended by adding Chapter 171A to read as follows:   CHAPTER 171A. ABORTION-INDUCING DRUGS AND FACILITATION OF   ABORTION; ENFORCEMENT OF ABORTION LAWS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 171A.001.  DEFINITIONS. In this chapter:                 (1)     "Abortion" has the meaning assigned by Section   245.002.                 (2)     "Abortion assistance organization" means a person   that procures or facilitates the procurement of an elective   abortion by:                       (A)     offering or providing money to pay for,   reimburse, insure, or offset the costs of an abortion or any costs   incurred in or associated with obtaining an elective abortion,   regardless of where the abortion is performed;                       (B)     paying for, reimbursing, insuring, planning,   or executing plans for travel accommodations, including   transportation, meals, or lodging, with the intent of facilitating   the procurement of an elective abortion, regardless of where the   abortion is performed;                       (C)     offering, providing, or paying for any type   of service or logistical support, including child care or abortion   doula services, with the intent of facilitating the procurement of   an elective abortion, regardless of where the abortion is   performed; or                       (D)     collecting or distributing abortion-inducing   drugs to provide easier access to the drugs.                 (3)     "Abortion-inducing drug"   has the meaning assigned   by Section 171.061.                 (4)     "Abortion provider" means a person that performs   elective abortions.                 (5)     "Elective abortion"   means an abortion performed or   induced by a licensed physician that is not performed or induced in   response to a medical emergency.                 (6)     "Information content provider" means a person who   is responsible, wholly or partly, for the creation or development   of information provided through the Internet or any other   interactive computer service.                 (7)     "Interactive computer service" means an   information service, system, or access software provider that   provides or enables computer access by multiple users to a computer   server, including specifically a service or system providing access   to the Internet and such systems operated or services offered by   libraries or educational institutions.   The term does not include:                       (A)     an Internet service provider or the   provider's affiliates or subsidiaries;                       (B)  a search engine; or                       (C)     a cloud service provider that solely provides   access or connection to or from an Internet website or other   information or content on the Internet or on a facility, system, or   network that is not under the provider's control, including   transmission, downloading, intermediate storage, access software,   or other services.                 (8)     "Medical emergency" has the meaning assigned by   Section 171.002.           Sec.   171A.002.     CONSTRUCTION OF CHAPTER RELATED TO   LIABILITY. This chapter may not be construed to impose liability on   the speech or conduct of:                 (1)     an Internet service provider or the provider's   affiliates or subsidiaries;                 (2)  a search engine; or                 (3)     a cloud service provider that solely provides   access or connection to or from an Internet website or other   information or content on the Internet or on a facility, system, or   network that is not under the provider's control, including   transmission, downloading, intermediate storage, access software,   or other services.   SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS           Sec.   171A.051.     PROHIBITIONS RELATED TO ABORTION-INDUCING   DRUGS. (a) Except as provided by Subsection (b), a person may not:                 (1)     manufacture, possess, or distribute an   abortion-inducing drug in this state;                 (2)     mail, transport, deliver, prescribe, or provide an   abortion-inducing drug in any manner to or from any person or   location in this state;                 (3)     provide information on the method for obtaining an   abortion-inducing drug;                 (4)     create, edit, upload, publish, host, maintain, or   register a domain name for an Internet website, platform, or other   interactive computer service that assists or facilitates a person's   effort in obtaining an abortion-inducing drug;                 (5)     create, edit, program, or distribute any   application or software for use on a computer or an electronic   device that is intended to enable individuals to obtain an   abortion-inducing drug or to facilitate an individual's access to   an abortion-inducing drug; or                 (6)     engage in conduct that aids or abets an act   described by this subsection if the person would be held criminally   responsible for the aiding or abetting under Chapter 7, Penal Code.           (b)     Notwithstanding any other law, Subsection (a) does not   prohibit:                 (1)     speech or conduct protected by the First Amendment   to the United States Constitution, as made applicable to the states   through the United States Supreme Court's interpretation of the   Fourteenth Amendment to the United States Constitution or protected   by Section 8, Article I, Texas Constitution;                 (2)     conduct this state is prohibited from regulating   under the Texas Constitution or federal law, including the United   States Constitution;                 (3)     conduct of a pregnant woman who aborts or seeks to   abort the woman's unborn child;                 (4)     the possession, distribution, mailing, transport,   delivery, or provision of an abortion-inducing drug for a purpose   that does not include performing, inducing, attempting, or   assisting an abortion;                 (5)     the possession, distribution, mailing, transport,   delivery, or provision of an abortion-inducing drug for the purpose   of enabling a licensed physician to treat a pregnant woman during a   medical emergency;                 (6)     the possession of an abortion-inducing drug for   purposes of entrapping a person that violates this section;                 (7)     conduct engaged in by a person under the direction   of a federal agency, contractor, or employee to carry out a duty   under federal law, if prohibiting that conduct would violate the   doctrine of preemption or intergovernmental immunity; or                 (8)  conduct described by Section 171A.201(a).           Sec.   171A.052.     EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.   (a) Notwithstanding any other law, this subchapter may only be   enforced through a qui tam or private civil action brought under   Subchapter C, D, or E.           (b)     No other direct or indirect enforcement of this   subchapter may be taken or threatened by this state, a political   subdivision of this state, a district or county attorney, or any   officer or employee of this state or a political subdivision of this   state against any person, by any means whatsoever, and no violation   of this subchapter may be used to justify or trigger the enforcement   of any other law or any type of adverse consequence under any other   law, except as provided in Subchapter C, D, or E.           (c)     This section does not preclude or limit the enforcement   of any other law or regulation against conduct that is   independently prohibited by the other law or regulation and that   would remain prohibited by the other law or regulation in the   absence of this subchapter.   SUBCHAPTER C. CIVIL LIABILITY FOR DISTRIBUTION OF   ABORTION-INDUCING DRUGS           Sec.   171A.101.     CIVIL ACTION FOR DISTRIBUTION OF   ABORTION-INDUCING DRUGS. (a) Notwithstanding any other law and   except as provided by this subchapter, a person who manufactures,   possesses, distributes, mails, transports, delivers, prescribes,   or provides an abortion-inducing drug, who aids or abets the   manufacture, possession, distribution, mailing, transport,   delivery, prescription, or provision of an abortion-inducing drug,   or who engages in any conduct prohibited by Section 171A.051 is   strictly, absolutely, and jointly and severally liable for:                 (1)     the wrongful death of an unborn child or pregnant   woman from the use of the abortion-inducing drug; and                 (2)     personal injury of an unborn child or pregnant   woman from the use of the abortion-inducing drug.           (b)     A claimant may not bring an action under this section if   the action is preempted by 47 U.S.C. Section 230(c).           (c)     A person who engages in conduct described by Subsection   (a) is liable for damages resulting from the death or personal   injury sustained by an unborn child or pregnant woman if the   person's conduct contributed in any way to the death or injury,   regardless of whether the person's conduct was the actual or   proximate cause of the death or injury.           (d)     Notwithstanding any other law, the mother or father of   an unborn child may bring a civil action under this section for the   wrongful death of the unborn child from the use of an   abortion-inducing drug, regardless of whether the other parent   brings a civil action for the wrongful death. The biological father   of an unborn child may bring the action regardless of whether the   father was married to the unborn child's mother at the time of the   unborn child's conception or death.           (e)     Notwithstanding any other law, a civil action may not be   brought under this section:                 (1)     against the woman who used or sought to obtain   abortion-inducing drugs to abort or attempt to abort her unborn   child;       &#xA0 [Text truncated for display. Full text available on Congress.gov.]