HB 7

H.B. No. 7
  AN ACT
  relating to prohibitions on the manufacture and provision of
  abortion-inducing drugs, including the jurisdiction of and effect
  of certain judgments by courts within and outside this state with
  respect to the manufacture and provision of those drugs, and to
  protections from certain counteractions under the laws of other
  states and jurisdictions; authorizing qui tam actions.
         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
  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)  "Delivery network company," "delivery person,"
  "digital network," "digitally prearranged delivery," "digitally
  prearranged ride," "driver," and "transportation network company"
  have the meanings assigned by Section 2402.001, Occupations Code.
               (4)  "Health care facility" has the meaning assigned by
  Section 108.002, except the term does not include a hospital.
               (5)  "Health care provider" means an individual who is
  licensed, certified, or otherwise authorized by this state to
  diagnose, prevent, alleviate, or cure a human illness or injury.
  The term does not include a physician.
               (6)  "Hospital" means:
                     (A)  a hospital licensed under Chapter 241 or 577;
  or
                     (B)  a hospital owned, maintained, or operated by
  this state.
               (7)  "Medical emergency" means a condition described by
  Section 170A.002(b)(2).
               (8)  "Physician" means an individual licensed to
  practice medicine in this state, including a medical doctor and a
  doctor of osteopathic medicine.
               (9)  "Physician group" means an entity, including an
  entity described in the definition of "physician" under Section
  74.001, Civil Practice and Remedies Code, that is formed by a
  physician or group of physicians to provide medical services.
         Sec. 171A.002.  APPLICABILITY AND CONSTRUCTION OF CHAPTER.
  (a)  This chapter does not apply to and a civil action under this
  chapter may not be brought against:
               (1)  a hospital;
               (2)  a health care facility licensed, owned,
  maintained, or operated by this state;
               (3)  a health care provider, other than a provider
  against whom a qui tam action may be brought in accordance with
  Section 171A.101(d)(8);
               (4)  a physician, other than a physician against whom a
  qui tam action may be brought in accordance with Section
  171A.101(d)(8);
               (5)  a physician group;
               (6)  an Internet service provider or the provider's
  affiliates or subsidiaries;
               (7)  an Internet search engine;
               (8)  a cloud service provider solely providing 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; or
               (9)  a person who manufactures, distributes, mails,
  transports, delivers, prescribes, provides, or possesses
  abortion-inducing drugs in this state solely for one or more of the
  following purposes:
                     (A)  treating a medical emergency;
                     (B)  removing an ectopic pregnancy;
                     (C)  removing a dead, unborn child whose death was
  caused by spontaneous abortion; or
                     (D)  a purpose that does not include performing,
  inducing, attempting, or assisting an abortion, other than an
  abortion performed in response to a medical emergency.
         (b)  This chapter may not be construed to require the actual
  performance, inducement, or attempted performance of an abortion in
  order for a person to bring a civil action authorized by this
  chapter.
  SUBCHAPTER B.  PROTECTION FROM ABORTION-INDUCING DRUGS
         Sec. 171A.051.  PROHIBITIONS RELATED TO ABORTION-INDUCING
  DRUGS.  (a)  Except as provided by Subsection (b) or Section
  171A.002, 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)  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 a pregnant woman takes in the course of
  aborting or attempting to abort the woman's unborn child;
               (3)  the manufacture, distribution, mailing,
  transport, delivery, prescribing, provision, or possession of an
  abortion-inducing drug solely for one or more of the purposes
  described by Section 171A.002(a)(9); or
               (4)  conduct a person takes 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)  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.101.  QUI TAM ACTION AUTHORIZED.  (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:
               (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 is an assignee of this state's
  claim for relief.  Notwithstanding any other law, the transfer of
  this state's claim to the qui tam relator is absolute, with the
  state retaining no interest in the subject matter of the claim.
         (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)  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 acting under the direction of a
  federal agency, contractor, or employee who is carrying out a duty
  under federal law if the imposition of liability would violate the
  doctrine of preemption or intergovernmental immunity;
               (3)  by any person who:
                     (A)  impregnated a woman through conduct
  constituting sexual assault under Section 22.011, Penal Code, or
  aggravated sexual assault under Section 22.021, Penal Code;
                     (B)  committed an offense for which an affirmative
  finding of family violence was made under Article 42.013, Code of
  Criminal Procedure;
                     (C)  provided an abortion-inducing drug to a
  pregnant woman for the purpose of performing, inducing, or
  attempting an abortion without the woman's consent or knowledge;
                     (D)  has been convicted of an offense under
  Section 42.072, Penal Code; or
                     (E)  acts in concert or participation with a
  person described by this subdivision;
               (4)  against a transportation network company or a
  driver for using a transportation network company's digital network
  to provide a digitally prearranged ride;
               (5)  against a delivery network company or a delivery
  person for using a delivery network company's digital network to
  provide a digitally prearranged delivery;
               (6)  against an air carrier conducting domestic or flag
  operations under 14 C.F.R. Part 121 or a foreign air carrier
  conducting scheduled operations under 14 C.F.R. Part 129;
               (7)  against a person to whom this chapter does not
  apply and against whom a civil action under this chapter may not be
  brought under Section 171A.002(a);
               (8)  against a health care provider or physician,
  unless the qui tam relator pleads and proves that the provider or
  physician engaged in conduct constituting a violation of Section
  171A.051 while located outside this state; or
               (9)  against a pharmaceutical manufacturer,
  pharmaceutical distributor, or common carrier, unless the qui tam
  relator pleads and proves that the defendant failed to adopt and
  implement a policy to not distribute, mail, transport, deliver,
  provide, or possess abortion-inducing drugs other than for one or
  more of the purposes described by Section 171A.002(a)(9).
         (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.
         (f)  In an action brought under this chapter, a qui tam
  relator or a defendant against whom an action is brought under this
  section may not, without the consent of the person to whom the
  information belongs, publicly disclose or improperly obtain:
               (1)  any personally identifiable information of a
  pregnant woman who sought or obtained an abortion-inducing drug
  from a defendant against whom a qui tam action is brought under this
  section, including any written, electronic, audio, or visual
  document or media that identifies the pregnant woman;
               (2)  any information protected from public disclosure
  under the Health Insurance Portability and Accountability Act of
  1996 (Pub. L. No. 104-191) and regulations adopted under that Act;
  or
               (3)  any personal data of a pregnant woman who sought or
  obtained an abortion-inducing drug from a defendant against whom a
  qui tam action is brought under this section that is protected from
  public disclosure under federal or state law.
         (g)  Notwithstanding any other law, a court may not order in
  response to the filing of a petition by a qui tam relator the taking
  of a deposition under Rule 202, Texas Rules of Civil Procedure, of a
  woman who is the subject of a violation of Section 171A.051 unless
  the woman consents to the deposition.
         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 prohibited by Section 171A.051; and
               (2)  took reasonable precautions to ensure the
  defendant would not violate Section 171A.051.
         (b)  It is an affirmative defense to an action brought under
  Section 171A.101 that:
               (1)  the imposition of civil liability on the defendant
  will violate the defendant's rights under federal law, including
  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 that the imposition of civil
  liability on the defendant will violate the third party's rights
  under federal law, including 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.
         (c)  The defendant has the burden of proving an affirmative
  defense under this section by a preponderance of the evidence.
         (d)  The following are not defenses to an action brought
  under Section 171A.101:
               (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 state or federal court
  decision that is not binding on the court in which the action has
  been brought;
               (3)  a defendant's reliance on a federal agency rule or
  action that has been repealed, superseded, or declared invalid or
  unconstitutional, even if the federal agency rule or action had not
  been repealed, superseded, or declared invalid or unconstitutional
  when the cause of action accrued;
               (4)  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;
               (5)  non-mutual issue preclusion or non-mutual claim
  preclusion;
               (6)  sovereign immunity, governmental immunity, or
  official immunity, other than sovereign immunity, governmental
  immunity, or official immunity applicable to:
                     (A)  a hospital owned, maintained, or operated by
  this state that facilitates the availability of or makes available
  abortion-inducing drugs solely for one or more of the purposes
  described by Section 171A.002(a)(9);
                     (B)  a political subdivision of this state,
  including a hospital district, that facilitates the availability of
  or makes available abortion-inducing drugs solely for one or more
  of the purposes described by Section 171A.002(a)(9); or
                     (C)  a physician or health care professional
  employed by a hospital owned or operated by this state or a
  political subdivision of this state, including a hospital district,
  acting within the scope of the physician's or professional's
  employment who prescribes, distributes, administers, or otherwise
  makes available abortion-inducing drugs solely for one or more of
  the purposes described by Section 171A.002(a)(9);
               (7)  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 Subsection (b); or
               (8)  consent to the abortion by the claimant or the
  unborn child's mother.
         Sec. 171A.103.  STATUTE OF LIMITATIONS.  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.104.  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.101, the court
  shall award to the relator:
               (1)  injunctive relief sufficient to prevent the
  defendant from violating Section 171A.051;
               (2)  an amount of not less than $100,000 for each
  violation of Section 171A.051, to be allocated in accordance with
  Subsection (b); and
               (3)  costs and reasonable attorney's fees.
         (b)  In awarding the amount described by Subsection (a)(2),
  the court shall ensure that:
               (1)  the qui tam relator receives the entire amount
  awarded under Subsection (a)(2) for an action in which the relator
  is:
                     (A)  a woman who was pregnant at the time the woman
  obtained or received an abortion-inducing drug that was
  manufactured, distributed, mailed, transported, delivered,
  prescribed, provided, or possessed in violation of Section
  171A.051; or
                     (B)  the father, sibling, or grandparent of the
  unborn child with which the woman described by Paragraph (A) was
  pregnant at the time the woman obtained or received the
  abortion-inducing drug; and
               (2)  for an action in which the qui tam relator is a
  person other than a person described by Subdivision (1):
                     (A)  the relator receives $10,000 of the total
  amount awarded under Subsection (a)(2); and
                     (B)  the remainder of the amount awarded under
  Subsection (a)(2) is held in trust by the relator for the benefit of
  a charitable organization designated by the relator, except that
  the relator may not designate a charitable organization under this
  paragraph from which the relator or any of the relator's family
  members receives a salary, stipend, or any type of remuneration or
  financial benefit.
         (c)  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:
               (1)  a court previously ordered the defendant to pay an
  amount under Subsection (a)(2) in another action for that
  particular violation; and
               (2)  the court order described by Subdivision (1) has
  not been vacated, reversed, or overturned.
         (d)  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.101.
         (e)  Subsection (d) does not preclude a court from:
               (1)  awarding sanctions under Chapter 10, Civil
  Practice and Remedies Code; or
               (2)  sanctioning a litigant or attorney for frivolous,
  malicious, or bad-faith conduct.
         Sec. 171A.105.  COORDINATED ENFORCEMENT PROHIBITED.  (a)
  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.101;
               (2)  establish or attempt to establish any type of
  agency or fiduciary relationship with a qui tam relator 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 this
  state, the political subdivision, the officer, or the employee does
  not act in concert or participation with the qui tam relator.
         Sec. 171A.106.  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 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
  provision that requires or purports to require application of the
  laws of a different jurisdiction, or that requires or purports to
  require a qui tam action under Section 171A.101 to be litigated in a
  particular forum, is void based on this state's public policy and is
  not enforceable in any court.
         (d)  Notwithstanding any other law, Chapter 27, Civil
  Practice and Remedies Code, does not apply to an action brought
  under Section 171A.101.
         Sec. 171A.107.  APPEALS.  The Fifteenth Court of Appeals has
  exclusive intermediate appellate jurisdiction over any appeal or
  original proceeding arising out of an action brought under Section
  171A.101 in the courts of this state.
         Sec. 171A.108.  APPLICATION OF OTHER LAW.  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.101
  unless the Texas Constitution or federal law compels the court to
  apply that law.
  SUBCHAPTER D.  PROTECTION FROM CERTAIN COUNTERACTIONS
         Sec. 171A.151.  EFFECT OF CLAWBACK PROVISIONS.  (a)  For
  purposes of this section, the term "clawback provision" refers to
  any law of another state or jurisdiction that authorizes the
  bringing of a civil action against a person for:
               (1)  bringing or engaging in an action authorized by
  this chapter, including Subsection (f);
               (2)  bringing or engaging in an action that alleges a
  violation of Section 171A.051;
               (3)  attempting, intending, or threatening to bring or
  engage in an action described by Subdivision (1) or (2); or
               (4)  providing legal representation or any type of
  assistance to a person who brings or engages in an action described
  by Subdivision (1) or (2).
         (b)  Notwithstanding any other law and except as otherwise
  provided by federal law or the Texas Constitution, the laws of this
  state apply to:
               (1)  conduct described by Subsection (a);
               (2)  an action brought against a person for engaging in
  conduct described by Subsection (a);
               (3)  an action brought under a clawback provision
  against a resident of this state; and
               (4)  an action brought under Subsection (f).
         (c)  Notwithstanding any other law, in an action described by
  Subsection (a)(1) or (2), the court shall, on request, issue a
  temporary, preliminary, or permanent injunction that restrains
  each defendant in the action, each person in privity with the
  defendant, and each person with whom the defendant is in active
  concert or participation from:
               (1)  bringing an action under any clawback provision
  against a claimant or prosecutor, a person in privity with the
  claimant or prosecutor, or a person providing legal representation
  or any type of assistance to the claimant or prosecutor; and
               (2)  continuing to litigate an action under any
  clawback provision that has been brought against a claimant or
  prosecutor, a person in privity with the claimant or prosecutor, or
  a person providing legal representation or any type of assistance
  to the claimant or prosecutor.
         (d)  Notwithstanding any other law, the doctrines of res
  judicata and collateral estoppel preclude a defendant against whom
  a judgment is entered in an action described by Subsection (a)(1) or
  (2) and each person in privity with the defendant from litigating or
  relitigating any claim or issue under any clawback provision
  against a claimant, prosecutor, or person in privity with the
  claimant or prosecutor that was raised or could have been raised as
  a claim, cross-claim, counterclaim, or affirmative defense under
  the federal or this state's rules of civil procedure.
         (e)  Notwithstanding any other law, a court of this state may
  not enforce an out-of-state judgment obtained in an action brought
  under a clawback provision unless federal law or the Texas
  Constitution requires the court to enforce the judgment.
         (f)  Notwithstanding any other law, if an action is brought
  or judgment is entered against a person under a clawback provision
  based wholly or partly on the person's decision to engage in conduct
  described by Subsection (a), that person is entitled to injunctive
  relief and damages from any person who brought the action or
  obtained the judgment or who sought to enforce the judgment.
  Notwithstanding any other law, the relief described by this
  subsection must include:
               (1)  compensatory damages, including money damages in
  an amount equal to the judgment damages 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 subsection;
               (3)  additional amounts consisting of the greater of:
                     (A)  twice the sum of the damages, costs,
  expenses, and fees described by Subdivisions (1) and (2); or
                     (B)  $100,000; and
               (4)  injunctive relief that restrains each person who
  brought the action under the clawback provision, each person in
  privity with the person, and each person acting in concert or
  participation with the person from:
                     (A)  bringing further actions under any clawback
  provision against the person against whom the action was brought,
  each person in privity with the person, or any person providing
  legal representation or any type of assistance to the person;
                     (B)  continuing to litigate any actions brought
  under a clawback provision against the persons described by
  Paragraph (A); and
                     (C)  enforcing or attempting to enforce any
  judgment obtained in any actions brought under a clawback provision
  against the persons described by Paragraph (A).
         (g)  It is not a defense to an action brought under
  Subsection (f) that:
               (1)  the claimant failed to seek recovery under
  Subsection (f) in an action brought against the claimant under a
  clawback provision; or
               (2)  a court in a preceding action brought against the
  claimant declined to recognize or enforce Subsection (f) or held
  any provision of that subsection invalid, unconstitutional, or
  preempted by federal law, notwithstanding the doctrines of issue or
  claim preclusion.
         (h)  Notwithstanding any other law, Chapter 27, Civil
  Practice and Remedies Code, does not apply to an action brought
  under Subsection (f).
         (i)  The Fifteenth Court of Appeals has exclusive
  intermediate appellate jurisdiction over any appeal or original
  proceeding arising out of a civil action brought under Subsection
  (f) in the courts of this state.
         SECTION 3.  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 4.  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 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I certify that H.B. No. 7 was passed by the House on August
  28, 2025, by the following vote:  Yeas 82, Nays 48, 3 present, not
  voting.
  ______________________________
  Chief Clerk of the House   
         I certify that H.B. No. 7 was passed by the Senate on
  September 3, 2025, by the following vote:  Yeas 17, Nays 8, 1
  present, not voting.
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
            _____________________
                   Governor