SB 7

By: Hughes, et al. 
  S.B. No. 7
         (In the Senate - Filed August 15, 2025; August 15, 2025,
  read first time and referred to Committee on State Affairs;
  August 15, 2025, reported favorably by the following vote:  
  Yeas 10, Nays 1; August 15, 2025, sent to printer.)
Click here to see the committee vote
  A BILL TO BE ENTITLED
  AN ACT
  relating to abortion, including civil liability for the manufacture
  and provision of abortion-inducing drugs, exemptions from the Texas
  Citizens Participation Act and Religious Freedom Restoration Act,
  authorizing civil and qui tam actions, amendments to the
  fee-shifting statute governing abortion litigation, immunity
  defenses and limits on state-court jurisdiction and relief, the
  parens patriae standing of the attorney general, and the
  jurisdiction of the Fifteenth Court of Appeals; providing for
  severability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Woman 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-inducing drug" has the meaning assigned
  by Section 171.061.
               (3)  "Medical emergency" has the meaning assigned by
  Section 171.002.
         Sec. 171A.002.  CONSTRUCTION OF CHAPTER RELATED TO
  LIABILITY.  (a) Notwithstanding any other law, 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.
         (b)  Notwithstanding any other law, this chapter may not be
  construed to impose liability on any action taken to manufacture,
  distribute, mail, transport, deliver, prescribe, provide, or
  possess an abortion-inducing drug or other medication solely for
  one or more of the following purposes:
               (1)  treating a medical emergency;
               (2)  removing an ectopic pregnancy;
               (3)  removing a dead, unborn child whose death was
  caused by spontaneous abortion; or 
               (4)  a purpose that does not include performing,
  inducing, attempting, or assisting an abortion.
         (c)  Notwithstanding any other law, this chapter may not be
  construed to impose liability on any person who manufactures,
  distributes, mails, transports, delivers, prescribes, provides, or
  possesses abortion-inducing drugs solely for one or more of the
  following purposes:
               (1)  treating a medical emergency;
               (2)  removing an ectopic pregnancy;
               (3)  removing a dead, unborn child whose death was
  caused by spontaneous abortion; or 
               (4)  a purpose that does not include performing,
  inducing, attempting, or assisting an abortion.
         (d)  Notwithstanding any other law, a court of this state
  does not have jurisdiction to consider a claim, cross-claim, or
  counterclaim under this chapter that seeks to impose liability on
  any of the persons or actions described in Subsections (a), (b), and
  (c).
         (e)  Notwithstanding any other law, if a party to an action
  brought under this chapter asserts a jurisdictional defense under
  Subsection (d), it may take an interlocutory appeal of an order
  denying its plea to the jurisdiction. 
         (f)  Notwithstanding any other law, the Fifteenth Court of
  Appeals shall have exclusive intermediate appellate jurisdiction
  over an interlocutory appeal brought under Subsection (e).
  SUBCHAPTER B.  PROTECTION FROM ABORTION-INDUCING DRUGS
         Sec. 171A.051.  PROHIBITIONS RELATED TO ABORTION-INDUCING
  DRUGS.  (a)  Notwithstanding any other law and except as provided by
  Subsection (b), a person may not:
               (1)  manufacture or distribute an abortion-inducing
  drug in this state; or
               (2)  mail, transport, deliver, prescribe, or provide an
  abortion-inducing drug in any manner to or from any person or
  location in this state.
         (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 of a pregnant woman who aborts or seeks to
  abort the woman's unborn child;
               (3)  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, or for any purpose described in Section
  171A.002(b); or
               (4)  conduct of 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.
         Sec. 171A.052.  EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW.
  (a)  Notwithstanding any other law, this subchapter may be enforced
  only through a qui tam action brought under Subchapter C.
         (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, except as
  provided in Subchapter C.
         (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.  QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO
  ABORTION-INDUCING DRUGS
         Sec. 171A.151.  QUI TAM ACTION AUTHORIZED.  (a)
  Notwithstanding any other law and except as provided by this
  section or by section 171A.002, a person, other than 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:
               (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, who shall be regarded as an
  assignee of the state's claim for relief. The transfer of the
  state's claim to the qui tam relator is absolute, with the state
  retaining no interest in the subject matter, notwithstanding any
  other law.
         (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 a woman for using, obtaining, or seeking
  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
  passengers to an abortion provider; and 
                     (B)  is unaware the passenger is traveling to an
  abortion provider; 
               (4)  by any person who impregnated a woman 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; or 
               (5)  against a physician, hospital, healthcare
  provider, healthcare facility, pharmacy, pharmaceutical
  manufacturer, pharmaceutical distributor, or common carrier that
  took every reasonable precaution to ensure that it would not
  manufacture, distribute, mail, transport, deliver, prescribe,
  provide, possess, or aid or abet the manufacture, distribution,
  mailing, transportation, delivery, prescription, provision, or
  possession of abortion-inducing drugs except for the purposes
  described in Section 171A.002(b), including by adopting a policy
  that it will not manufacture, distribute, mail, transport, deliver,
  prescribe, provide, possess, or aid or abet the manufacture,
  distribution, mailing, transportation, delivery, prescription,
  provision, possession of abortion-inducing drugs except for the
  purposes described in Section 171A.002(b).
         (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 reasonable precautions 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)  a defendant's ignorance or mistake of law,
  including a defendant's mistaken belief that the requirements or
  provisions of this chapter are unconstitutional or were
  unconstitutional;
               (2)  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;
               (3)  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;
               (4)  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;
               (5)  the laws of another state or jurisdiction,
  including an abortion shield law, unless the Texas Constitution or
  federal law compels the court to enforce that law;
               (6)  non-mutual issue preclusion or non-mutual claim
  preclusion;
               (7)  sovereign immunity, governmental immunity, or
  official immunity, except that sovereign immunity, governmental
  immunity, or official immunity is not waived for:
                     (A)  a hospital owned and operated by the state
  that facilitates or makes available abortion-inducing drugs solely
  for purposes described in section 171A.002(b);
                     (B)  a political subdivision, including a
  hospital district, that facilitates or makes available
  abortion-inducing drugs solely for purposes described in section
  171A.002(b); or
                     (C)  a physician or other health care professional
  employed by a hospital owned or operated by the state or a political
  subdivision in this state, including a hospital district, acting
  within the scope of their employment who prescribes, distributes,
  administers, or otherwise makes available abortion-inducing drugs
  solely for purposes described in section 171A.002(b); or
               (8)  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.201.
         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)  Notwithstanding any other
  law and 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
  (3) in response to a violation of Section 171A.051 if the defendant
  demonstrates that a court previously ordered the defendant to pay
  damages under Subsection (a)(2) in another action for that
  particular violation, and that court order has not been vacated,
  reversed, or overturned.
         (c)  Notwithstanding any other law, a court may not award
  costs or attorney's fees under the Texas Rules of Civil Procedure or
  any other rule adopted by the supreme court under Section 22.004,
  Government Code, to a defendant against whom an action is brought
  under Section 171A.151. This section does not preclude an award of
  sanctions under Chapter 10, Civil Practice and Remedies Code, nor
  does it preclude a court from sanctioning a litigant or attorney for
  frivolous, malicious, or bad-faith conduct. 
         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, 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 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 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.151 if this
  state, the political subdivision, the officer, or the 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 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.151.
         Sec. 171A.158.  APPEALS.  Notwithstanding any other law, the
  Fifteenth Court of Appeals shall have exclusive intermediate
  appellate jurisdiction over any appeal or original proceeding
  arising out of an action brought under Section 171A.151 in the
  courts of this state.
  SUBCHAPTER D.  PROVISIONS GENERALLY APPLICABLE TO CIVIL LIABILITY
  FOR FACILITATING ABORTION
         Sec. 171A.201.  AFFIRMATIVE DEFENSE.  (a)  A defendant
  against whom an action is brought under 171A.151 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 rights under federal law or the United
  States Constitution;
               (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 that third party's rights
  under federal law or the United States Constitution;
               (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
  will violate 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.202.  CONSTRUCTION OF CHAPTER RELATED 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.151 or from
  asserting any other defense that might be available under any other
  source of law.
         Sec. 171A.203.  APPLICATION OF OTHER LAW.  (a)
  Notwithstanding any other law, a court may not apply the law of
  another state or jurisdiction to any qui tam action brought under
  Section 171A.151 unless the Texas Constitution or federal law
  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.204.  VENUE.  (a)  Notwithstanding any other law,
  including Chapter 15, Civil Practice and Remedies Code, a qui tam
  action brought under Section 171A.151 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 qui tam action is brought under Section 171A.151 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
  qui tam action under Sections 171A.151 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.205.  PROTECTION FROM COUNTER ACTIONS.  (a) For
  purposes of this section, the term "clawback provision" refers to
  any law of another state or jurisdiction that authorizes lawsuits
  against a person for:
               (1)  bringing or engaging in:
                     (A)  an action under Section 170A.005, 171.208,
  171A.151, 171A.252, or any other law of this state that regulates or
  restricts abortion; 
                     (B)  a criminal prosecution under Section
  170A.004, Chapter 6-1/2, Title 71, Revised Statutes, or any other
  law of this state that imposes criminal penalties on abortion or
  abortion-related conduct;
                     (C)  an action or criminal prosecution that
  alleges conduct that violates one or more of the state's abortion
  laws; or
                     (D)  an action under Subsection (g);
               (2)  attempting, intending, or threatening to bring or
  engage in an action or criminal prosecution described in Subsection
  (a)(1); or
               (3)  providing legal representation or any type of
  assistance to a person who brings or engages in an action or
  criminal prosecution described in Subsection (a)(1).
         (b)  For purposes of this section, the term "clawback
  provision" includes but is not limited to each of the following
  laws:
               (1)  Section 1798.303, California Civil Code;
               (2)  Section 52-571m, Connecticut General Statutes;
               (3)  Section 3929, Title 10, Delaware Code;
               (4)  Section 2-1461.02, District of Columbia Code;
               (5)  Section 126/29-15, Chapter 740, Illinois Compiled
  Statutes;
               (6)  Section 9003, Title 14, Maine Revised Statutes;
               (7)  Section 11I1/2, Chapter 12, Massachusetts General
  Laws;
               (8)  Section 604.415, Minnesota Statutes;
               (9)  Section 24-35-5, New Mexico Statutes;
               (10)  Section 70-b, New York Civil Rights Law;
               (11)  Section 23-101-3, Rhode Island Statutes;
               (12)  Section 7302, Title 12, Vermont Statutes; and 
               (13)  Section 7.115.040, Washington Revised Code.
         (c)  Notwithstanding any other law, and except as otherwise
  required by federal law or the Texas Constitution, the law of this
  state applies to:
               (1)  the conduct described in Subsection (a);
               (2)  any claim brought against a person for engaging in
  conduct described in Subsection (a);
               (3)  any claim brought under a clawback provision
  against a citizen or resident of this State; and
               (4)  any claim brought under Subsection (g). 
         (d)  Notwithstanding any other law, in any action or criminal
  prosecution described in Subsection (a)(1), the court shall, upon
  request, issue a temporary, preliminary, or permanent injunction
  that restrains each of the defendants, their privities, and all
  persons in active concert or participation with them, from:
               (1)  suing the plaintiffs or prosecutors, their
  privities, or any person providing legal representation or any type
  of assistance to the plaintiffs or prosecutors, under any clawback
  provision;
               (2)  continuing to litigate any proceedings that have
  been brought against one or more of the plaintiffs or prosecutors,
  their privities, or any person providing legal representation or
  any type of assistance to the plaintiffs or prosecutors, under any
  clawback provision. 
         (e)  Notwithstanding any other law, a judgment entered in an
  action or criminal prosecution described in Subsection (a)(1) shall
  preclude the defendants and their privities, under the doctrines of
  res judicata and collateral estoppel, from litigating or
  relitigating any claim or issue under any clawback provision
  against the plaintiffs or their privities that was raised or that
  could have been raised under the federal or Texas rules of civil
  procedure or criminal procedure as a claim, cross-claim,
  counterclaim, set off, or affirmative defense.
         (f)  Notwithstanding any other law, no court of this state
  may enforce an out-of-state judgment obtained under a clawback
  provision unless federal law or the Texas Constitution requires it
  to do so.
         (g)  Notwithstanding any other law, if an action is brought
  against a person or a judgment is entered against a person under a
  clawback provision based wholly or partly on the person's decision
  to engage in conduct described in Subsection (a), that person shall
  be entitled to injunctive relief and shall recover damages from any
  person who brought the action or obtained the judgment or who has
  sought to enforce the judgment.  Notwithstanding any other law, the
  relief 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;
               (3)  additional statutory damages consisting of the
  greater of:
                     (A)  twice the amount of the sum of damages
  described in Subsections (g)(1) and (g)(2); or
                     (B)  $100,000; and 
               (4)  injunctive relief that restrains the person or
  persons who brought the clawback action, their privities, and all
  persons in active concert or participation with them, from:
                     (A)  suing the person or persons against whom the
  clawback action was brought, their privities, or any person
  providing legal representation or any type of assistance to them
  under any clawback provision;
                     (B)  continuing to litigate any clawback action
  that has been brought against the persons described in Subsection
  (g)(4)(A); and 
                     (C)  enforcing or attempting to enforce any
  judgment obtained under a clawback provision against the persons
  described in Subsection (g)(4)(A).
         (h)  Notwithstanding any other law, it is not a defense to an
  action brought under Subsection (g) that:
               (1)  the claimant failed to seek recovery under
  Subsection (g) in an action brought against it under a clawback
  provision; or
               (2)  a court in a previous action brought against the
  claimant declined to recognize or enforce Subsection (g), or held
  that any provisions of Subsection (g) are invalid,
  unconstitutional, or preempted by federal law, notwithstanding the
  doctrines of issue or claim preclusion.
         (i)  Notwithstanding any other law, Chapter 27, Civil
  Practice and Remedies Code, does not apply to an action brought
  under Subsection (g).
         (j)  Notwithstanding any other law, the Fifteenth Court of
  Appeals shall have exclusive intermediate appellate jurisdiction
  over any appeal or original proceeding arising out of a civil action
  brought under Subsection (g) in the courts of this state.
  SUBCHAPTER E.  ENFORCEMENT OF ABORTION LAWS
         Sec. 171A.251.  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.252.  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 the unborn children of residents of
  this state against a person who violates or intends to violate:
               (1)  any criminal abortion law of this state except for
  Subchapter H, Chapter 171, or Subchapter B or C of this chapter; or
               (2)  any criminal law of the United States that governs
  the mailing, delivery, shipment, or transportation of
  abortion-inducing drugs.
         (d)  Notwithstanding any other law, the attorney general may
  not bring an action under this section against a woman for aborting
  or attempting to abort her unborn child, or for using, obtaining, or
  seeking to obtain abortion-inducing drugs to abort or attempt to
  abort her unborn child.
  SUBCHAPTER F.  IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION
         Sec. 171A.301.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
  IMMUNITY.  (a)  Notwithstanding any other law, this 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, as well
  as sovereign or governmental immunity, as appropriate, in an
  action, claim, cross-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.151.
         (b)  The sovereign immunity described in or conferred by this
  section includes the constitutional sovereign immunity recognized
  by the United States Supreme Court in Seminole Tribe of Florida v.
  Florida, 517 U.S. 44 (1996), and Alden v. Maine, 527 U.S. 706 , 517 U.S. 44 (1996), and Alden v. Maine, 527 U.S. 706
  (1999), 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.302.  APPLICABILITY OF IMMUNITY.  Notwithstanding
  any other law, the immunities described in or conferred by Section
  171A.301 apply in every court, both state and federal, and in every
  type of adjudicative proceeding.
         Sec. 171A.303.  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,
  cross-claim, or counterclaim brought against the litigant.
         Sec. 171A.304.  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 described in or
  conferred by Section 171A.301 unless it expressly waives or
  abrogates immunity with specific reference to that section.
         (b)  Notwithstanding any other law, an attorney representing
  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 waive an immunity described in or conferred by Section 171A.301
  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.305.  JURISDICTION.  (a) 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, cross-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 this state, a political subdivision
  of this state, an officer, employee, or agent of this state or a
  political subdivision of this state, or any person from:
                     (A)  enforcing any provision or application of
  this chapter; or
                     (B)  filing, hearing, adjudicating, or docketing
  an action brought under Section 171A.151.
         (b)  Notwithstanding any other law, the Fifteenth Court of
  Appeals shall have exclusive intermediate appellate jurisdiction
  over any appeal or original proceeding arising out of a civil action
  that seeks the relief described in Subsection (a).
         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, Civil
  Practice and Remedies Code.
         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, cross-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 30.022, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 30.022.  AWARD OF ATTORNEY'S FEES IN ACTIONS
  CHALLENGING ABORTION LAWS.  (a)  Notwithstanding any other law, any
  person, including an entity, attorney, or law firm, who seeks
  declaratory or injunctive relief to prevent this state, a political
  subdivision, any governmental entity or public official in this
  state, or any person [in this state] from enforcing or bringing an
  action to enforce any statute, ordinance, rule, regulation, or any
  other type of law that regulates or restricts abortion or that
  limits taxpayer funding for individuals or entities that perform or
  promote abortions, in any state or federal court, or that
  represents any 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, including the
  costs and reasonable attorney's fees that the prevailing party
  incurs in the party's efforts to recover costs and fees.
         (b)  For purposes of this section, a party is considered a
  prevailing party if [a state or federal court]:
               (1)  a state or federal court dismisses any 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; [or]
               (2)  a state or federal court enters judgment in the
  party's favor on any such 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 those costs
  and attorney's fees were incurred while defending claims or causes
  of action on which the party prevailed, or while attempting to
  recover those costs and attorney's fees.
         (d)[(c)]  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, that 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)[(d)]  Notwithstanding any other law, it[It] is not a
  defense to an action brought under Subsection (c) that:
               (1)  a prevailing party under this section failed to
  seek recovery of costs or attorney's fees in the underlying action;
               (2)  the court in the underlying action declined to
  recognize or enforce the requirements of 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 doctrines 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 under Subsection (d) is brought 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.
         (i)  Notwithstanding any other law, Chapter 27, Civil
  Practice and Remedies Code, does not apply to an action brought
  under Subsection (d).
         (j)  Notwithstanding any other law, the Fifteenth Court of
  Appeals shall have exclusive intermediate appellate jurisdiction
  over any appeal or original proceeding arising out of a civil action
  brought under Subsection (d) in the courts of this state.
         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.  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 9.  This Act takes effect September 1, 2025.
  * * * * *