HB 5510

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;
               (2)  against a person that acted under the direction of
  a federal agency, contractor, or employee who is carrying out
  duties under federal law if the imposition of liability would
  violate the doctrine of preemption or intergovernmental immunity;
  or
               (3)  by any person who impregnated the woman who used
  abortion-inducing drugs through conduct constituting sexual
  assault under Section 22.011, Penal Code, or aggravated sexual
  assault under Section 22.021, Penal Code, or by another person who
  acts in concert or participation with that person.
         (f)  Notwithstanding any other law, including rules of civil
  procedure adopted under Chapter 26, Civil Practice and Remedies
  Code, an action brought under this section may not be litigated on
  behalf of a claimant class or a defendant class, and a court may not
  certify a class in the action.
         Sec. 171A.102.  DEFENSES.  (a)  It is an affirmative defense
  to an action brought under Section 171A.101 that the defendant:
               (1)  was unaware the defendant was engaged in the
  conduct described by Section 171A.101(a); and
               (2)  took every reasonable precaution to ensure the
  defendant would not manufacture, possess, distribute, mail,
  transport, deliver, prescribe, or provide or aid or abet the
  manufacture, possession, distribution, mailing, transport,
  delivery, prescription, or provision of abortion-inducing drugs.
         (b)  A defendant has the burden of proving an affirmative
  defense under Subsection (a) by a preponderance of the evidence.
         (c)  Notwithstanding any other law, the following are not a
  defense to an action brought under Section 171A.101:
               (1)  ignorance or mistake of law;
               (2)  a defendant's belief the requirements or
  provisions of this chapter are unconstitutional or were
  unconstitutional; 
               (3)  a defendant's reliance on a court decision that has
  been vacated, reversed, or overruled on appeal or by a subsequent
  court, even if the court decision had not been vacated, reversed, or
  overruled when the cause of action accrued;
               (4)  a defendant's reliance on a 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 a federal statute,
  agency rule or action, or treaty that has been repealed,
  superseded, or declared invalid or unconstitutional, even if the
  federal statute, agency rule or action, or treaty had not been
  repealed, superseded, or declared invalid or unconstitutional when
  the cause of action accrued;
               (6)  the laws of another state or jurisdiction,
  including an interstate abortion shield law, unless the Texas
  Constitution or federal law, including the United States
  Constitution, compels the court to enforce that law;
               (7)  non-mutual issue preclusion or non-mutual claim
  preclusion;
               (8)  the consent of the claimant or the unborn child's
  mother to the abortion;
               (9)  contributory or comparative negligence;
               (10)  assumption of risk;
               (11)  entrapment;
               (12)  lack of actual or proximate cause;
               (13)  sovereign immunity, governmental immunity, or
  official immunity; or
               (14)  a claim that the enforcement of this chapter or
  the imposition of civil liability against the defendant will
  violate the constitutional or federally protected rights of third
  parties, except as provided by Section 171A.251.
         Sec. 171A.103.  MARKET-SHARE LIABILITY.  Notwithstanding
  any other law, if a claimant who brings an action under Section
  171A.101 is unable to identify the specific manufacturer of the
  abortion-inducing drug that caused the death or injury that is the
  basis for the action, the liability is apportioned among all
  manufacturers of abortion-inducing drugs in proportion to each
  manufacturer's share of the national market for abortion-inducing
  drugs at the time the death or injury occurred.
         Sec. 171A.104.  STATUTE OF LIMITATIONS.  Notwithstanding any
  other law, a person may bring an action under Section 171A.101 not
  later than the sixth anniversary of the date the cause of action
  accrues.
         Sec. 171A.105.  WAIVER PROHIBITED.  Notwithstanding any
  other law, a waiver or purported waiver of the right to bring an
  action under Section 171A.101 is void as against public policy and
  is not enforceable in any court.
         Sec. 171A.106.  OTHER DEFENSES.  Notwithstanding any other
  law, this subchapter does not impose liability for:
               (1)  death or personal injury resulting from an
  abortion performed or induced by a licensed physician in response
  to a medical emergency;
               (2)  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;
               (3)  conduct this state is prohibited from regulating
  under the Texas Constitution or federal law, including the United
  States Constitution;
               (4)  conduct of a pregnant woman who aborts or seeks to
  abort her unborn child;
               (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 provision of basic public services, including
  fire and police protection and utilities, by this state, a
  political subdivision of this state, or a common carrier to an
  abortion provider, an abortion assistance organization, an
  affiliate of an abortion provider or an abortion assistance
  organization, or a manufacturer or distributor of
  abortion-inducing drugs, in the same manner as this state, the
  political subdivision, or the common carrier provides those
  services to the general public; or 
               (7)  conduct a person engages in under the direction of
  a federal agency, contractor, or employee to carry out a duty under
  federal law, if a prohibition on that conduct would violate the
  doctrine of preemption or intergovernmental immunity.
         Sec. 171A.107.  JURISDICTION; APPLICABILITY OF STATE LAW.
  (a)  Notwithstanding any other law, including Subchapter C, Chapter
  17, Civil Practice and Remedies Code, the courts of this state have
  personal jurisdiction over a defendant sued under Section 171A.101
  to the maximum extent permitted by the Fourteenth Amendment to the
  United States Constitution and the defendant may be served outside
  this state.
         (b)  Notwithstanding any other law, the law of this state
  applies to the use of an abortion-inducing drug by a resident of
  this state, regardless of where the use of the drug occurs, and to
  an action brought under Section 171A.101 to the maximum extent
  permitted by the Texas Constitution and federal law, including the
  United States Constitution.
         (c)  Notwithstanding any other law, any contractual
  choice-of-law provision that requires or purports to require
  application of the laws of a different jurisdiction is void based on
  this state's public policy and is not enforceable in any court.
         (d)  Notwithstanding any other law, Chapters 27 and 110,
  Civil Practice and Remedies Code, do not apply to an action brought
  under Section 171A.101.
         Sec. 171A.108.  COORDINATED ENFORCEMENT PROHIBITED.  (a)  
  Notwithstanding any other law, this state, a political subdivision
  of this state, or an officer or employee of this state or a
  political subdivision of this state may not:
               (1)  act in concert or participation with a claimant
  bringing an action under Section 171A.101;
               (2)  establish or attempt to establish any type of
  agency or fiduciary relationship with a claimant bringing an action
  under Section 171A.101;
               (3)  attempt to control or influence a person's
  decision to bring an action under Section 171A.101 or that person's
  conduct of the litigation; or
               (4)  intervene in an action brought under Section
  171A.101.
         (b)  This section does not prohibit this state, a political
  subdivision of this state, or an officer or employee of this state
  or a political subdivision of this state from filing an amicus
  curiae brief in an action brought under Section 171A.101 if the
  state, political subdivision, officer, or employee does not act in
  concert or participation with the claimant who brings the action.
  SUBCHAPTER D.  QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO
  ABORTION-INDUCING DRUGS
         Sec. 171A.151.  QUI TAM ACTION AUTHORIZED.  (a)  Except as
  provided by this section, a person, other than a political
  subdivision of this state or an officer or employee of a political
  subdivision of this state, has standing to bring and may bring a qui
  tam action against a person who:
               (1)  violates Section 171A.051; or
               (2)  intends to violate Section 171A.051.
         (b)  An action brought under this section must be brought in
  the name of the qui tam relator and of the state.
         (c)  A qui tam relator may not bring an action under this
  section if the action is preempted by 47 U.S.C. Section 230(c).
         (d)  Notwithstanding any other law, a  qui tam 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;
               (2)  against a person that acted under the direction of
  a federal agency, contractor, or employee who is carrying out
  duties under federal law if the imposition of liability would
  violate the doctrine of preemption or intergovernmental immunity;
               (3)  against a common carrier that:
                     (A)  transports a pregnant woman or other
  passenger to an abortion provider; and
                     (B)  is unaware the passenger is traveling to an
  abortion provider; or
               (4)  by any person who impregnated the woman who used or
  sought to obtain abortion-inducing drugs through conduct
  constituting sexual assault under Section 22.011, Penal Code, or
  aggravated sexual assault under Section 22.021, Penal Code, or by
  another person who acts in concert or participation with that
  person.
         (e)  Notwithstanding any other law, including rules of civil
  procedure adopted under Chapter 26, Civil Practice and Remedies
  Code, an action brought under this section may not be litigated on
  behalf of a claimant class or a defendant class, and a court may not
  certify a class in the action.
         Sec. 171A.152.  DEFENSES.  (a)  It is an affirmative defense
  to an action brought under Section 171A.151 that the defendant:
               (1)  was unaware the defendant was engaged in the
  conduct prohibited by Section 171A.051; and
               (2)  took every reasonable precaution to ensure the
  defendant would not violate Section 171A.051.
         (b)  A defendant has the burden of proving an affirmative
  defense under Subsection (a) by a preponderance of the evidence.
         (c)  Notwithstanding any other law, the following are not a
  defense to an action brought under Section 171A.151:
               (1)  ignorance or mistake of law;
               (2)  a defendant's belief the requirements or
  provisions of this chapter are unconstitutional or were
  unconstitutional;
               (3)  a defendant's reliance on a court decision that has
  been vacated, reversed, or overruled on appeal or by a subsequent
  court, even if the court decision had not been vacated, reversed, or
  overruled when the cause of action accrued;
               (4)  a defendant's reliance on a 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 a federal statute,
  agency rule or action, or treaty that has been repealed,
  superseded, or declared invalid or unconstitutional, even if the
  federal statute, agency rule or action, or treaty had not been
  repealed, superseded, or declared invalid or unconstitutional when
  the cause of action accrued;
               (6)  the laws of another state or jurisdiction,
  including an interstate abortion shield law, unless the Texas
  Constitution or federal law, including the United States
  Constitution, compels the court to enforce that law;
               (7)  non-mutual issue preclusion or non-mutual claim
  preclusion;
               (8)  entrapment;
               (9)  sovereign immunity, governmental immunity, or
  official immunity; or
               (10)  a claim that the enforcement of this chapter or
  the imposition of civil liability against the defendant will
  violate the constitutional or federally protected rights of third
  parties, except as provided by Section 171A.251.
         Sec. 171A.153.  STATUTE OF LIMITATIONS.  Notwithstanding any
  other law, a person may bring an action under Section 171A.151 not
  later than the sixth anniversary of the date the cause of action
  accrues.
         Sec. 171A.154.  REMEDIES.  (a)  Except as provided by
  Subsection (b), if a qui tam relator prevails in an action brought
  under Section 171A.151, the court shall award to the relator:
               (1)  injunctive relief sufficient to prevent the
  defendant from violating Section 171A.051;
               (2)  statutory damages in an amount of not less than
  $100,000 for each violation of Section 171A.051; and
               (3)  costs and reasonable attorney's fees.
         (b)  A court may not award relief under Subsection (a)(2) or
  (a)(3) in response to a violation of Section 171A.051 if the
  defendant demonstrates that a court already ordered the defendant
  to pay damages under Subsection (a)(2) in another action for that
  particular violation.
         (c)  Notwithstanding any other law, a court may not award
  costs or attorney's fees to a defendant against whom an action is
  brought under Section 171A.151.
         Sec. 171A.155.  CONSTRUCTION OF SUBCHAPTER RELATED TO FIRST
  AMENDMENT PROTECTIONS.  This subchapter may not be construed to
  impose liability on 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.
         Sec. 171A.156.  COORDINATED ENFORCEMENT PROHIBITED.  (a)
  Notwithstanding any other law, a political subdivision of this
  state or an officer or employee of a political subdivision of this
  state may not:
               (1)  act in concert or participation with a qui tam
  relator bringing an action under Section 171A.151;
               (2)  establish or attempt to establish any type of
  agency or fiduciary relationship with a qui tam relator bringing an
  action under Section 171A.151;
               (3)  attempt to control or influence a person's
  decision to bring an action under Section 171A.151 or that person's
  conduct of the litigation; or
               (4)  intervene in an action brought under Section
  171A.151.
         (b)  This section does not prohibit a political subdivision
  of this state or an officer or employee of a political subdivision
  of this state from filing an amicus curiae brief in an action
  brought under Section 171A.151 if the political subdivision,
  officer, or employee does not act in concert or participation with
  the qui tam relator.
         Sec. 171A.157.  JURISDICTION; APPLICABILITY OF STATE LAW.
  (a)  Notwithstanding any other law, including Subchapter C, Chapter
  17, Civil Practice and Remedies Code, the courts of this state have
  personal jurisdiction over a defendant sued under Section 171A.151
  to the maximum extent permitted by the Fourteenth Amendment to the
  United States Constitution and the defendant may be served outside
  this state.
         (b)  Notwithstanding any other law, the law of this state
  applies to an action brought under Section 171A.151 to the maximum
  extent permitted by the Texas Constitution or federal law,
  including the United States Constitution.
         (c)  Notwithstanding any other law, any contractual
  choice-of-law provision that requires or purports to require
  application of the laws of a different jurisdiction is void based on
  this state's public policy and is not enforceable in any court.
         (d)  Notwithstanding any other law, Chapters 27 and 110,
  Civil Practice and Remedies Code, do not apply to an action brought
  under Section 171A.151.
  SUBCHAPTER E.  QUI TAM ENFORCEMENT AGAINST INTERACTIVE COMPUTER
  SERVICES FACILITATING ABORTION
         Sec. 171A.201.  QUI TAM ACTION AGAINST INTERACTIVE COMPUTER
  SERVICE PROVIDER.  (a)  A person, other than this state, a political
  subdivision of this state, or an officer or employee of this state
  or a political subdivision of this state, has standing to bring and
  may bring a qui tam action against a person who provides or
  maintains:
               (1)  an interactive computer service that allows
  residents of this state to access information or material that
  aids, abets, assists, or facilitates efforts to obtain elective
  abortions or abortion-inducing drugs;
               (2)  a platform for downloading any application or
  software for use on a computer or electronic device used to aid,
  abet, assist, or facilitate efforts to obtain elective abortions or
  abortion-inducing drugs; or
               (3)  a platform that allows or enables those who
  provide or aid or abet elective abortions, or those who
  manufacture, possess, distribute, mail, transport, deliver,
  prescribe, or provide abortion-inducing drugs, to collect money,
  digital currency, resources, or any other thing of value in
  connection with that conduct.
         (b)  An action brought under this section must be brought in
  the name of the qui tam relator and of the state.
         (c)  Notwithstanding any other law, including rules of civil
  procedure adopted under Chapter 26, Civil Practice and Remedies
  Code, an action brought under this section may not be litigated on
  behalf of a claimant class or a defendant class, and no court may
  certify a class in the action.
         Sec. 171A.202.  DEFENSES.  (a)  It is an affirmative defense
  to an action brought under Section 171A.201 that the defendant:
               (1)  was unaware that the defendant's interactive
  computer service or platform was being used to assist or facilitate
  efforts to obtain elective abortions or abortion-inducing drugs;
  and
               (2)  on learning the defendant's interactive computer
  service or platform was being used to assist or facilitate efforts
  to obtain elective abortions or abortion-inducing drugs, took
  prompt action to:
                     (A)  block access to any information, material,
  application, or software that assists or facilitates efforts to
  obtain elective abortions or abortion-inducing drugs; and 
                     (B)  block those who provide or aid or abet
  elective abortions and those who manufacture, distribute, mail,
  transport, deliver, or provide abortion-inducing drugs, from
  collecting money, digital currency, resources, or any other thing
  of value through its interactive computer service or platform.
         (b)  A defendant has the burden of proving an affirmative
  defense under Subsection (a) by a preponderance of the evidence.
         Sec. 171A.203.  REMEDIES.  (a)  Except as provided by
  Subsection (b), if a qui tam relator prevails in an action brought
  under Section 171A.201, the court shall award only declaratory or
  injunctive relief.  A court may not, under any circumstances,
  award:
               (1)  damages or civil penalties in any amount in the
  action; or
               (2)  attorney's fees or costs.
         (b)  A court may not award relief under Subsection (a) if the
  action was brought in response to:
               (1)  the defendant's exercise of a constitutional or
  federally protected right that belongs personally to the defendant;
               (2)  conduct engaged in at the direction of a federal
  agency, contractor, or employee who is carrying out a duty under
  federal law, if the relief authorized by Subsection (a) would
  violate the doctrine of preemption or intergovernmental immunity;
  or
               (3)  conduct of a woman who aborted or attempted to
  abort her unborn child, if that woman is the named defendant in the
  action.
         Sec. 171A.204.  RELATION TO OTHER INFORMATION CONTENT
  PROVIDERS.  A person who engages in conduct described by Section
  171A.201(a) may not be:
               (1)  held vicariously liable for nominal, statutory, or
  compensatory damages incurred by another information content
  provider;
               (2)  held liable or legally responsible for the conduct
  of a publisher or speaker of any information provided by another
  information content provider; or
               (3)  treated as the speaker or publisher of any
  information provided by another information content provider under
  any provision of the laws of this state.
         Sec. 171A.205.  EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
  (a)  Notwithstanding any other law, this subchapter may only be
  enforced through a qui tam action brought under Section 171A.201.
         (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 this subchapter.
         (c)  This section does not preclude or limit the enforcement
  of any other law or regulation against conduct that is
  independently prohibited by that other law or regulation and that
  would remain prohibited by that other law or regulation in the
  absence of this subchapter.
         Sec. 171A.206.  COORDINATED ENFORCEMENT PROHIBITED.  (a)
  Notwithstanding any other law, a political subdivision of this
  state or an officer or employee of a political subdivision of this
  state may not:
               (1)  act in concert or participation with a qui tam
  relator bringing an action under Section 171A.201;
               (2)  establish or attempt to establish any type of
  agency or fiduciary relationship with a qui tam relator bringing an
  action under Section 171A.201;
               (3)  attempt to control or influence a person's
  decision to bring an action under Section 171A.201 or that person's
  conduct of the litigation; or
               (4)  intervene in an action brought under Section
  171A.201.
         (b)  This section does not prohibit a political subdivision
  of this state or an officer or employee of a political subdivision
  of this state from filing an amicus curiae brief in an action
  brought under Section 171A.201 if the political subdivision,
  officer, or employee does not act in concert or participation with
  the qui tam relator.
         Sec. 171A.207.  JURISDICTION; APPLICABILITY OF STATE LAW.
  (a)  Notwithstanding any other law, including Subchapter C, Chapter
  17, Civil Practice and Remedies Code, the courts of this state have
  personal jurisdiction over a defendant sued under Section 171A.201
  to the maximum extent permitted by the Fourteenth Amendment to the
  United States Constitution and the defendant may be served outside
  this state.
         (b)  Notwithstanding any other law, the law of this state
  applies to an action brought under Section 171A.201 to the maximum
  extent permitted by the Texas Constitution or federal law,
  including the United States Constitution.
         (c)  Notwithstanding any other law, any contractual
  choice-of-law provision that requires or purports to require
  application of the laws of a different jurisdiction is void based on
  this state's public policy and is not enforceable in any court.
         (d)  Notwithstanding any other law, Chapters 27 and 110,
  Civil Practice and Remedies Code, do not apply to an action brought
  under Section 171A.201.
         Sec. 171A.208.  INTERACTIVE COMPUTER SERVICE USER OR
  PROVIDER IMMUNITY FOR CERTAIN ACTIONS.  Notwithstanding any other
  law, a provider or user of an interactive computer service,
  Internet service provider, search engine, or cloud service provider
  has absolute and nonwaivable immunity from liability or suit for:
               (1)  an action taken to restrict access to or
  availability of information or material that assists or facilitates
  access to elective abortions or abortion-inducing drugs,
  regardless of whether the information or material is
  constitutionally protected from government censorship;
               (2)  an action taken to enable or make available to
  information content providers or others the technical means to
  restrict access to information or material described by Subdivision
  (1); or
               (3)  a denial of service to persons who provide or aid
  or abet elective abortions or who manufacture, mail, distribute,
  transport, or provide abortion-inducing drugs.
  SUBCHAPTER F.  PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY
  FOR FACILITATING ABORTION
         Sec. 171A.251.  AFFIRMATIVE DEFENSE.  (a)  A defendant
  against whom an action is brought under Section 171A.101, 171A.151,
  or 171A.201 may assert an affirmative defense to liability under
  this section if:
               (1)  the imposition of civil liability on the defendant
  will violate the defendant's personal constitutional or federally
  protected rights;
               (2)  the defendant:
                     (A)  has standing to assert the rights of a third
  party under the tests for third-party standing established by the
  United States Supreme Court; and
                     (B)  demonstrates the imposition of civil
  liability on the defendant will violate constitutional or federally
  protected rights belonging to a third party;
               (3)  the imposition of civil liability on the defendant
  will violate the defendant's rights under the Texas Constitution;
  or
               (4)  the imposition of civil liability on the defendant
  would violate the limits on extraterritorial jurisdiction imposed
  by the United States Constitution or the Texas Constitution.
         (b)  The defendant has the burden of proving an affirmative
  defense described by Subsection (a) by a preponderance of the
  evidence.
         Sec. 171A.252.  CONSTRUCTION OF CHAPTER WITH RESPECT TO
  CIVIL LIABILITY AND ENFORCEMENT.  This chapter may not be construed
  to limit or preclude a defendant from asserting the
  unconstitutionality of any provision or application of the laws of
  this state as a defense to liability under Section 171A.101,
  171A.151, or 171A.201 or from asserting any other defense that
  might be available under any other source of law.
         Sec. 171A.253.  APPLICATION OF OTHER LAW.  (a)  
  Notwithstanding any other law, a court may not apply the law of
  another state or jurisdiction to any civil or qui tam action brought
  under Section 171A.101, 171A.151, or 171A.201 unless the Texas
  Constitution or federal law, including the United States
  Constitution, compels it to do so.
         (b)  Notwithstanding any other law, any contractual
  choice-of-law provision that requires or purports to require
  application of the laws of a different jurisdiction is void based on
  this state's public policy and is not enforceable in any court.
         Sec. 171A.254.  VENUE.  (a)  Notwithstanding any other law,
  including Chapter 15, Civil Practice and Remedies Code, a civil  or
  qui tam action brought under Section 171A.101, 171A.151, or
  171A.201 may be brought in:
               (1)  the county in which all or a substantial part of
  the events or omissions giving rise to the claim occurred;
               (2)  the county of a defendant's residence at the time
  the cause of action accrued if a defendant is an individual;
               (3)  the county of the principal office in this state of
  a defendant that is not an individual; or
               (4)  the county of the claimant's residence if the
  claimant is an individual residing in this state.
         (b)  If a civil or qui tam action is brought under Section
  171A.101, 171A.151, or 171A.201 in a venue described by Subsection
  (a), the action may not be transferred to a different venue without
  the written consent of all parties.
         (c)  Notwithstanding any other law, any contractual
  choice-of-forum provision that requires or purports to require a
  civil or qui tam action under Sections 171A.101, 171A.151, or
  171A.201 to be litigated in a particular forum is void based on this
  state's public policy and is not enforceable in any court.
         Sec. 171A.255.  PROTECTION FROM COUNTER ACTIONS.  If an
  action is brought against a person or a judgment is entered against
  a person based wholly or partly on the person's decision to bring or
  threat to bring an action under Section 171A.101, 171A.151, or
  171A.201, the person may recover damages from the claimant who
  brought the action or obtained the judgment or who has sought to
  enforce the judgment.  The damages must include:
               (1)  compensatory damages created by the action or
  judgment, including money damages in an amount of the judgment and
  costs, expenses, and reasonable attorney's fees spent in defending
  the action;
               (2)  costs, expenses, and reasonable attorney's fees
  incurred in bringing an action under this section; and
               (3)  additional statutory damages in an amount of not
  less than $100,000.
  SUBCHAPTER G.  CRIMINAL OFFENSES
         Sec. 171A.301.  OFFENSE: PAYING OR REIMBURSING ABORTION
  COSTS.  (a)  A person that knowingly pays for or reimburses the
  costs associated with obtaining an elective abortion performed on a
  pregnant woman commits an offense.  An offense under this
  subsection is a felony of the second degree, except that the offense
  is a felony of the first degree if an unborn child or the pregnant
  woman dies as a result of the offense.
         (b)  The prohibition under Subsection (a) applies regardless
  of:
               (1)  the individual on whom the elective abortion is
  performed;
               (2)  the location where the elective abortion is
  performed;
               (3)  the law of the jurisdiction in which the elective
  abortion is performed; and
               (4)  whether the payment or reimbursement is provided
  directly or through an intermediary.
         (c)  The prohibition under Subsection (a) does not apply to
  the pregnant woman on whom the elective abortion is performed or
  attempted.
         (d)  The prohibition under Subsection (a) applies
  extraterritorially to the maximum extent permitted by the Texas
  Constitution or federal law, including the United States
  Constitution.
         Sec. 171A.302.  OFFENSE: DESTROYING EVIDENCE OF ABORTION.
  (a)  A person commits an offense if the person knowingly or
  recklessly conceals, destroys, or spoliates evidence of an elective
  abortion performed or attempted:
               (1)  in this state; or
               (2)  on a resident of this state, regardless of whether
  the person knew or should have known that the elective abortion was
  performed or attempted on the resident.
         (b)  An offense under Subsection (a) is a felony of the
  second degree.
         (c)  The prohibition under Subsection (a) does not apply to
  the pregnant woman on whom the elective abortion is performed or
  attempted.
         (d)  The prohibition under Subsection (a) applies
  extraterritorially to the maximum extent permitted by the Texas
  Constitution or federal law, including the United States
  Constitution.
  SUBCHAPTER H.  PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS
         Sec. 171A.351.  DEFINITION.  In this subchapter, "criminal
  abortion law" means any law of this state imposing criminal
  penalties on abortion, including Chapter 6-1/2, Title 71, Revised
  Statutes.
         Sec. 171A.352.  STATUTE OF LIMITATIONS.  Notwithstanding any
  other law, there is no applicable statute of limitations for an
  offense committed under a criminal abortion law.
         Sec. 171A.353.  CONCURRENT JURISDICTION OF ATTORNEY
  GENERAL.  Notwithstanding any other law, the attorney general has
  concurrent jurisdiction to prosecute any criminal abortion law and
  may authorize a district attorney to investigate or prosecute a
  violation of an abortion law if a local district attorney fails or
  refuses to investigate or prosecute the violation.
         Sec. 171A.354.  ATTORNEY GENERAL ACTION FOR VIOLATION OF
  CERTAIN ABORTION LAWS.  (a)  The attorney general has parens patriae
  standing to bring an action under this section on behalf of unborn
  children of residents of this state.
         (b)  The attorney general may bring an action for damages or
  injunctive relief on behalf of an unborn child of a resident of this
  state against a person who violates any criminal abortion law of
  this state except for Subchapter H, Chapter 171, or Subchapter B, C,
  D, or E of this chapter.
         Sec. 171A.355.  FEE SHIFTING.  (a)  Notwithstanding any
  other law, a person, including an entity, attorney, or law firm, who
  seeks declaratory or injunctive relief to prevent a person,
  including this state, a political subdivision of this state, or an
  officer, employee, or agent of this state or a political
  subdivision of this state, from enforcing or bringing an action to
  enforce a law, including a statute, ordinance, rule, or regulation,
  that regulates or restricts abortion or that limits taxpayer
  funding for persons that perform or promote abortions in any state
  or federal court, or who represents a litigant seeking such relief
  in any state or federal court, is jointly and severally liable to
  pay the costs and reasonable attorney's fees of the prevailing
  party in the action seeking declaratory or injunctive relief,
  including the costs and reasonable attorney's fees that the
  prevailing party incurs in its efforts to recover costs and fees.
         (b)  For purposes of this section, a party is considered a
  prevailing party if:
               (1)  a state or federal court dismisses a claim or cause
  of action brought against the party by a litigant that seeks the
  declaratory or injunctive relief described by Subsection (a),
  regardless of the reason for the dismissal;
               (2)  a state or federal court enters judgment in the
  party's favor on that claim or cause of action; or
               (3)  the litigant that seeks the declaratory or
  injunctive relief described by Subsection (a) voluntarily
  dismisses or nonsuits its claims against the party under Rule 41,
  Federal Rules of Civil Procedure, Rule 162, Texas Rules of Civil
  Procedure, or any other procedural rule.
         (c)  A prevailing party may recover costs and reasonable
  attorney's fees under this section only to the extent that those
  costs and attorney's fees were incurred while defending claims or
  causes of action on which the party prevailed.
         (d)  Regardless of whether a prevailing party sought to
  recover costs or attorney's fees in the underlying action, a
  prevailing party under this section may bring a civil action to
  recover costs and attorney's fees against a person, including an
  entity, attorney, or law firm, who sought declaratory or injunctive
  relief described by Subsection (a) not later than the third
  anniversary of the date on which, as applicable:
               (1)  the dismissal or judgment described by Subsection
  (b) becomes final on the conclusion of appellate review; or
               (2)  the time for seeking appellate review expires.
         (e)  It is not a defense to a civil action brought under
  Subsection (d) that:
               (1)  a prevailing party under this section failed to a
  seek recovery of costs or attorney's fees in the underlying action;
               (2)  the court in the underlying action declined to
  recognize or enforce this section; or
               (3)  the court in the underlying action held that any
  provisions of this section are invalid, unconstitutional, or
  preempted by federal law, notwithstanding the doctrine of issue or
  claim preclusion.
         (f)  Notwithstanding any other law, including Chapter 15,
  Civil Practice and Remedies Code, a civil action brought under
  Subsection (d) may be brought in:
               (1)  the county in which all or a substantial part of
  the events or omissions giving rise to the claim occurred;
               (2)  the county of residence of a defendant at the time
  the cause of action accrued, if the defendant is an individual;
               (3)  the county of the principal office in this state of
  a defendant that is not an individual; or
               (4)  the county of residence of the claimant, if the
  claimant is an individual residing in this state.
         (g)  If a civil action is brought under Subsection (d) in a
  venue described by Subsection (f), the action may not be
  transferred to a different venue without the written consent of all
  parties.
         (h)  Notwithstanding any other law, any contractual
  choice-of-forum provision that purports to require a civil action
  under Subsection (d) be litigated in another forum is void based on
  this state's public policy and is not enforceable in any state or
  federal court.
  SUBCHAPTER I.  IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION
         Sec. 171A.401.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
  IMMUNITY.  (a)  Notwithstanding any other law, the state has
  sovereign immunity, a political subdivision of this state has
  governmental immunity, and an officer or employee of this state or a
  political subdivision of this state has official immunity in an
  action, claim, counterclaim, or any other type of legal or
  equitable action that:
               (1)  challenges the validity of any provision or
  application of this chapter, on constitutional grounds or
  otherwise; or
               (2)  seeks to prevent or enjoin this state, a political
  subdivision of this state, or an officer, employee, or agent of this
  state or a political subdivision of this state from:
                     (A)  enforcing any provision or application of
  this chapter; or
                     (B)  filing, hearing, adjudicating, or docketing
  an action brought under Section 171A.101, 171A.151, or 171A.201 or
  an action described by Section 171A.208.
         (b)  Sovereign immunity conferred by this section includes
  the constitutional sovereign immunity recognized by the United
  States Supreme Court, which applies in both state and federal court
  and may not be abrogated by Congress or by a state or federal court
  except under congressional legislation authorized by:
               (1)  Section 5 of the Fourteenth Amendment, United
  States Constitution;
               (2)  the Bankruptcy Clause of Article I, United States
  Constitution;
               (3)  Congress's powers to raise and support armies and
  to provide and maintain a navy; or
               (4)  any other congressional power that the United
  States Supreme Court recognizes as a ground for abrogating a
  state's sovereign immunity.
         Sec. 171A.402.  APPLICABILITY OF IMMUNITY.  Notwithstanding
  any other law, the immunities conferred by Section 171A.401 apply
  in every court, both state and federal, and in every type of
  adjudicative proceeding.
         Sec. 171A.403.  CONSTRUCTION OF CHAPTER RELATED TO ASSERTED
  DEFENSE.  This chapter may not be construed to prevent a litigant
  from asserting the invalidity or unconstitutionality of a provision
  or application of this chapter as a defense to an action, claim, or
  counterclaim brought against the litigant.
         Sec. 171A.404.  WAIVER OF IMMUNITY.  (a)  Notwithstanding
  any other law, a provision of the laws of this state may not be
  construed to waive or abrogate an immunity conferred by Section
  171A.401 unless it expressly waives or abrogates immunity with
  specific reference to that section.
         (b)  Notwithstanding any other law, an attorney representing
  the state, a political subdivision of this state, or an officer or
  employee of this state or a political subdivision of this state may
  not waive an immunity conferred by Section 171A.401 or take an
  action that would result in a waiver of that immunity.  A purported
  waiver or action described by this subsection is considered void
  and an ultra vires act.
         Sec. 171A.405.  JURISDICTION.  Notwithstanding any other
  law, including Chapter 37, Civil Practice and Remedies Code, a
  court of this state does not have jurisdiction to consider and may
  not award relief under any action, claim, or counterclaim that:
               (1)  seeks declaratory or injunctive relief, or any
  type of writ, including a writ of prohibition, that would pronounce
  any provision or application of this chapter invalid or
  unconstitutional; or
               (2)  would restrain a person, including this state, a
  political subdivision of this state, or an officer, employee, or
  agent of this state or a political subdivision of this state, from:
                     (A)  enforcing any provision or application of
  this chapter; or
                     (B)  filing, hearing, adjudicating, or docketing
  an action brought under Section 171A.101, 171A.151, or 171A.201 or
  an action described by Section 171A.208.
         Sec. 171A.406.  EFFECT OF CONTRARY JUDICIAL ACTIONS.  (a)
  Notwithstanding any other law, judicial relief issued by a court of
  this state that disregards the immunity conferred by Section
  171A.401 or the limits on jurisdiction or permissible relief
  described by Section 171A.405:
               (1)  is considered void because a court without
  jurisdiction issued the relief; and
               (2)  may not be enforced or obeyed by an officer,
  employee, or agent, including a judicial official, of this state or
  a political subdivision of this state.
         (b)  Notwithstanding any other law, a writ, injunction, or
  declaratory judgment issued by a court of this state that purports
  to restrain a person, including this state, a political subdivision
  of this state, or an officer or employee of this state or a
  political subdivision of this state, from hearing, adjudicating,
  docketing, or filing an action brought under Section 171A.101,
  171A.151, or 171A.201 or an action described by Section 171A.208:
               (1)  is considered void and a violation of the Due
  Process Clause of the Fourteenth Amendment to the United States
  Constitution; and
               (2)  may not be enforced or obeyed by an officer,
  employee, or agent, including a judicial official, of this state or
  a political subdivision of this state.
         Sec. 171A.407.  LIABILITY FOR VIOLATION.  (a)
  Notwithstanding any other law, a person may bring an action against
  an officer, employee, or agent, including a judicial official, of
  this state or a political subdivision of this state, who issues,
  enforces, or obeys a writ, injunction, or declaratory judgment
  described by Section 171A.406(b) if the writ, injunction, or
  judgment prevents or delays the person from bringing an action
  under Section 171A.101, 171A.151, or 171A.201 or an action
  described by Section 171A.208.
         (b)  A claimant who prevails in an action brought under this
  section is entitled to:
               (1)  injunctive relief;
               (2)  compensatory damages;
               (3)  exemplary damages of not less than $100,000; and
               (4)  costs and reasonable attorney's fees.
         (c)  Notwithstanding any other law, in an action brought
  under this section, a person who violates Section 171A.405 or
  171A.406(b):
               (1)  may not assert and is not entitled to any type of
  immunity defense, including sovereign immunity, governmental
  immunity, official immunity, or judicial immunity;
               (2)  may not be indemnified for an award of damages or
  costs and attorney's fees entered against the person or for the
  costs of the person's legal defense; and
               (3)  may not receive or obtain legal representation
  from the attorney general.
         SECTION 3.  Section 27.010(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  This chapter does not apply to:
               (1)  an enforcement action that is brought in the name
  of this state or a political subdivision of this state by the
  attorney general, a district attorney, a criminal district
  attorney, or a county attorney;
               (2)  a legal action brought against a person primarily
  engaged in the business of selling or leasing goods or services, if
  the statement or conduct arises out of the sale or lease of goods,
  services, or an insurance product, insurance services, or a
  commercial transaction in which the intended audience is an actual
  or potential buyer or customer;
               (3)  a legal action seeking recovery for bodily injury,
  wrongful death, or survival or to statements made regarding that
  legal action;
               (4)  a legal action brought under the Insurance Code or
  arising out of an insurance contract;
               (5)  a legal action arising from an officer-director,
  employee-employer, or independent contractor relationship that:
                     (A)  seeks recovery for misappropriation of trade
  secrets or corporate opportunities; or
                     (B)  seeks to enforce a non-disparagement
  agreement or a covenant not to compete;
               (6)  a legal action filed under Title 1, 2, 4, or 5,
  Family Code, or an application for a protective order under
  Subchapter A, Chapter 7B, Code of Criminal Procedure;
               (7)  a legal action brought under Chapter 17, Business &
  Commerce Code, other than an action governed by Section 17.49(a)
  of that chapter;
               (8)  a legal action in which a moving party raises a
  defense pursuant to Section 160.010, Occupations Code, Section
  161.033, Health and Safety Code, or the Health Care Quality
  Improvement Act of 1986 (42 U.S.C. 11101 et seq.);
               (9)  an eviction suit brought under Chapter 24,
  Property Code;
               (10)  a disciplinary action or disciplinary proceeding
  brought under Chapter 81, Government Code, or the Texas Rules of
  Disciplinary Procedure;
               (11)  a legal action brought under Chapter 554,
  Government Code;
               (12)  a legal action based on a common law fraud claim;
  [or]
               (13)  a legal malpractice claim brought by a client or
  former client;
               (14)  an action brought under Chapter 170, 170A, 171,
  or 171A, Health and Safety Code, or a petition for the taking of a
  deposition under Rule 202, Texas Rules of Civil Procedure, to
  investigate a potential claim or in anticipation of an action under
  those chapters; or
               (15)  an action brought under Section 30.022.
         SECTION 4.  Chapter 110, Civil Practice and Remedies Code,
  is amended by adding Section 110.013 to read as follows:
         Sec. 110.013.  LAWS REGULATING OR RESTRICTING ABORTION NOT
  AFFECTED.  Nothing in this chapter may be construed to limit the
  scope or enforcement of Chapter 170, 170A, 171, or 171A, Health and
  Safety Code, or Chapter 6-1/2, Title 71, Revised Statutes, or any
  other law that regulates or restricts abortion or that withholds
  taxpayer funds from entities that perform or promote abortions.
         SECTION 5.  Subchapter H, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.2105 to read as follows:
         Sec. 171.2105.  JURISDICTION.  Notwithstanding any other
  law, including Chapter 37, Civil Practice and Remedies Code, a
  court of this state does not have jurisdiction to consider and may
  not award relief under any action, claim, or counterclaim that
  seeks declaratory or injunctive relief, or any type of writ,
  including a writ of prohibition, that would pronounce any provision
  or application of this subchapter invalid or unconstitutional.
         SECTION 6.  Section 71.02(a), Penal Code, as amended by
  Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
  4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
  Session, 2023, is reenacted and amended to read as follows:
         (a)  A person commits an offense if, with the intent to
  establish, maintain, or participate in a combination or in the
  profits of a combination or as a member of a criminal street gang or
  foreign terrorist organization, the person commits or conspires to
  commit one or more of the following:
               (1)  murder, capital murder, arson, aggravated
  robbery, robbery, burglary, theft, aggravated kidnapping,
  kidnapping, aggravated assault, aggravated sexual assault, sexual
  assault, continuous sexual abuse of young child or disabled
  individual, solicitation of a minor, forgery, deadly conduct,
  assault punishable as a Class A misdemeanor, burglary of a motor
  vehicle, or unauthorized use of a motor vehicle;
               (2)  any gambling offense punishable as a Class A
  misdemeanor;
               (3)  promotion of prostitution, aggravated promotion
  of prostitution, or compelling prostitution;
               (4)  unlawful manufacture, transportation, repair, or
  sale of firearms or prohibited weapons;
               (5)  unlawful manufacture, delivery, dispensation, or
  distribution of a controlled substance or dangerous drug, or
  unlawful possession of a controlled substance or dangerous drug:
                     (A)  through forgery, fraud, misrepresentation,
  or deception; or
                     (B)  with the intent to deliver the controlled
  substance or dangerous drug;
               (5-a)  causing the unlawful delivery, dispensation, or
  distribution of a controlled substance or dangerous drug in
  violation of Subtitle B, Title 3, Occupations Code;
               [(5-b)  any unlawful possession with intent to deliver
  a controlled substance or dangerous drug;
               [(5-b)  unlawful possession with intent to deliver a
  controlled substance listed in Penalty Group 1-B under Section
  481.1022, Health and Safety Code;]
               (6)  any unlawful wholesale promotion or possession of
  any obscene material or obscene device with the intent to wholesale
  promote the same;
               (7)  any offense under Subchapter B, Chapter 43,
  depicting or involving conduct by or directed toward a child
  younger than 18 years of age;
               (8)  any felony offense under Chapter 32;
               (9)  any offense under Chapter 36;
               (10)  any offense under Chapter 34, 35, or 35A;
               (11)  any offense under Section 37.11(a);
               (12)  any offense under Chapter 20A;
               (13)  any offense under Section 37.10;
               (14)  any offense under Section 38.06, 38.07, 38.09, or
  38.11;
               (15)  any offense under Section 42.10;
               (16)  any offense under Section 46.06(a)(1) or 46.14;
               (17)  any offense under Section 20.05, 20.06, or 20.07;
               (18)  any offense under Section 16.02;
               (19)  any offense punishable under Section 42.03(d) or
  (e);
               (20) [(19)]  an offense under Section 28.03 that is
  punishable under Subsection (b)(4)(E) of that section;
               (21) [(20)]  an offense under Section 31.21 that is
  punishable under Subsection (d) of that section; [or]
               (22) [(20)]  any offense classified as a felony under
  the Tax Code; [or]
               (23) [(21)]  any offense under Section 545.420,
  Transportation Code;
               (24)  a violation of 18 U.S.C. Section 1461 that
  involves using the mails for the mailing, carriage in the mails, or
  delivery of:
                     (A)  any item designed, adapted, or intended for
  producing an elective abortion, as defined by Section 171A.001,
  Health and Safety Code; or
                     (B)  any instrument, substance, drug, medicine,
  or other item that is advertised or described in a manner calculated
  to lead a person to use or apply the item for producing an elective
  abortion, as defined by Section 171A.001, Health and Safety Code;
               (25)  a violation of 18 U.S.C. Section 1462(c) that
  involves:
                     (A)  using any express company or other common
  carrier or interactive computer service for carrying through
  interstate or foreign commerce any drug, medicine, article, or item
  designed, adapted, or intended for producing an elective abortion,
  as defined by Section 171A.001, Health and Safety Code; or
                     (B)  knowingly taking or receiving from an express
  company or other common carrier or interactive computer service for
  carrying through interstate or foreign commerce a drug, medicine,
  article, or item described by Paragraph (A);
               (26)  a violation of an abortion law under Chapter 170
  or 170A, Health and Safety Code, or Chapter 6-1/2, Title 71, Revised
  Statutes; or
               (27)  an offense under Chapter 28 involving damage or
  destruction to the property of a church, a crisis pregnancy center,
  an adoption agency, or an entity that offers services covered under
  the Thriving Texas Families Program established under Chapter 54,
  Health and Safety Code.
         SECTION 7.  Chapter 171A, Health and Safety Code, as added by
  this Act, applies only to a cause of action that accrues on or after
  the effective date of this Act.
         SECTION 8.  Section 71.02(a), Penal Code, as reenacted and
  amended by this Act, applies only to an offense committed on or
  after the effective date of this Act.  An offense committed before
  the effective date of this Act is governed by the law in effect on
  the date the offense was committed, and the former law is continued
  in effect for that purpose.  For purposes of this section, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 9.  It is the intent of the legislature that every
  provision, section, subsection, sentence, clause, phrase, or word
  in this Act, and every application of the provisions in this Act to
  every person, group of persons, or circumstances, is severable from
  each other. If any application of any provision in this Act to any
  person, group of persons, or circumstances is found by a court to be
  invalid for any reason, the remaining applications of that
  provision to all other persons and circumstances shall be severed
  and may not be affected.
         SECTION 10.  This Act takes effect September 1, 2025.