By: Toth	H.B. No. 991

	A BILL TO BE ENTITLED
	AN ACT
	relating to abortion, including civil liability for distribution of
	abortion-inducing drugs and duties of Internet service providers;
	creating a criminal offense; 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
	Safety Act.
	SECTION 2.  The legislature finds that:
	(1)  human life begins at fertilization;
	(2)  abortion is a murderous act of violence that
	purposefully and knowingly terminates a human life in the womb;
	(3)  unborn human beings are entitled to the full and
	equal protection of the laws that prohibit violence against other
	human beings;
	(4)  the United States Supreme Court's ruling in Dobbs
	v. Jackson Women's Health Organization, No. 19-1392 (U.S. June 24,
	2022), correctly overruled the lawless and unconstitutional
	pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned
	Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 (1992),
	which had invented and perpetuated a supposed constitutional right
	to abortion that cannot be found anywhere in the text of the United
	States Constitution;
	(5)  so-called abortion funds that operate in this
	state have been funding and otherwise aiding or abetting criminal
	abortions performed in violation of the laws of this state,
	exposing themselves and each of their donors to felony criminal
	prosecution;
	(6)  the abortion funds and their donors are not and
	never were protected by an injunction in any abortion-related case
	because they are not parties to those cases, and there has never
	been an injunction that restrains a state official from prosecuting
	abortion funds and their donors who aided or abetted abortions
	performed in violation of the laws of this state;
	(7)  the abortion funds and their donors are not and
	never were protected from criminal prosecution by Roe v. Wade, 410
	U.S. 113 (1973), because:
	(A)  there is no constitutional right to pay for
	another person's abortion;
	(B)  abortion funds and their donors lack
	third-party standing to assert the supposed constitutional rights
	of women seeking abortions; and
	(C)  any immunity from prosecution that the
	abortionist might have enjoyed on account of Roe does not preclude
	the imposition of accomplice liability on abortion funds and their
	donors;
	(8)  it is a federal crime to mail abortion-inducing
	drugs or to receive them in the mail, punishable by five years
	imprisonment, under 18 U.S.C. Section 1461;
	(9)  it is also a federal crime to transport
	abortion-inducing drugs in interstate or foreign commerce under 18
	U.S.C. Section 1462(c);
	(10)  these federal statutes are fully enforceable now
	that Roe has been overruled, and the statute of limitations for each
	of these crimes is five years;
	(11)  violations of 18 U.S.C. Sections 1461-1462 are
	predicate offenses under the federal Racketeer Influenced and
	Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), which
	exposes distribution networks of abortion-inducing drugs and their
	donors to civil racketeering liability as well as criminal
	prosecution as a racketeering enterprise under federal law;
	(12)  the legislature calls on the attorney general and
	each district attorney in this state to investigate and prosecute
	abortion funds and each of their donors for aiding or abetting
	criminal abortion in this state in violation of the laws of this
	state; and
	(13)  the legislature calls on state and federal
	prosecutors in this state to investigate and prosecute every
	distribution network for abortion-inducing drugs under federal
	racketeering laws as well as 18 U.S.C. Sections 1461-1462.
	SECTION 3.  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" means the act of using, prescribing,
	administering, procuring, or selling an instrument, medicine,
	drug, or any other substance, device, or means with the purpose to
	terminate a pregnancy of a woman, with knowledge that the
	termination by any of those means will with reasonable likelihood
	cause the death of a living human being in the womb. The term does
	not include:
	(A)  in vitro fertilization or fertility
	treatments of any type;
	(B)  the use, prescription, administration,
	procuring, or selling of an emergency contraceptive, including Plan
	B and morning-after pills, intrauterine devices, or any other type
	of contraceptive; or
	(C)  an act performed with the purpose to:
	(i)  save the life or preserve the health of
	the unborn child;
	(ii)  remove a dead unborn child caused by
	spontaneous abortion; or
	(iii)  remove or treat an ectopic pregnancy.
	(2)  "Abortion-inducing drug" means a drug or
	medication, including mifepristone and misoprostol, that is used to
	terminate the life of an unborn child. The term does not include:
	(A)  an emergency contraceptive, including Plan B
	and morning-after pills, intrauterine devices, or any other type of
	contraceptive; or
	(B)  drugs or medications that are possessed or
	distributed for a purpose that does not include the termination of a
	pregnancy, including for the treatment of an unrelated medical
	condition.
	(3)  "Abortion funds" means a corporation,
	organization, government, governmental agency, business trust,
	estate, trust, partnership, association, or any other legal entity
	that:
	(A)  exists for the purpose of aiding or abetting
	elective abortions; and
	(B)  pays for, reimburses, or subsidizes in any
	way the costs associated with obtaining an elective abortion.
	(4)  "Abortion provider" means a person who performs
	elective abortions.
	(5)  "Elective abortion" means an abortion other than
	those performed or induced in response to a medical emergency.
	(6)  "Fertilization" means the fusion of a human
	spermatozoon with a human ovum.
	(7)  "Governmental entity" means this state, a state
	agency, or a political subdivision of this state.
	(8)  "Human being" means an individual member of the
	species homo sapiens at any state of development beginning at
	fertilization.
	(9)  "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.
	(10)  "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 that provides
	access to the Internet and such systems operated or services
	offered by libraries or educational institutions.
	(11)  "Medical emergency" means a condition in which an
	abortion is necessary to preserve the life of a pregnant woman whose
	life is endangered by a physical disorder, physical illness, or
	physical injury, including a life-endangering physical condition
	caused by or arising from the pregnancy itself.
	(12)  "Unborn child" means an individual organism of
	the species homo sapiens in any stage of gestation from
	fertilization until live birth.
	(13)  "Woman" means an individual whose biological sex
	is female, including an individual with XX chromosomes and an
	individual with a uterus, regardless of any gender identity that
	the individual attempts to assert or claim.
	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, or provide an
	abortion-inducing drug in any manner to or from any person or
	location in this state;
	(3)  provide information on how to obtain 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 would make a person
	criminally responsible under Chapter 7, Penal Code, as a party to a
	criminal act described by Subdivision (1) or (2).
	(b)  Notwithstanding any other law, Subsection (a) does not
	prohibit:
	(1)  speech or conduct protected by the First Amendment
	of the United States Constitution, as made applicable to the states
	through the United States Supreme Court's interpretation of the
	Fourteenth Amendment of the United States Constitution or protected
	by Section 8, Article I, Texas Constitution;
	(2)  conduct this state is prohibited from regulating
	under federal law, including the United States Constitution;
	(3)  conduct engaged in by a pregnant woman who aborts
	or attempts to abort the woman's unborn child;
	(4)  possessing, distributing, mailing, transporting,
	delivering, or providing an abortion-inducing drug for a purpose
	that does not include performing, inducing, or attempting an
	abortion;
	(5)  possessing an abortion-inducing drug for purposes
	of entrapping a person that violates this section;
	(6)  conduct engaged in by a person as directed by a
	federal agency, contractor, or employee to carry out a duty under
	federal law, if prohibiting that conduct would violate the
	doctrines of preemption or intergovernmental immunity; or
	(7)  conduct described by Section 171A.201(a)(1), (2),
	or (3).
	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 section, a person who manufactures,
	distributes, mails, transports, delivers, or provides an
	abortion-inducing drug in violation of Section 171A.051 or who aids
	or abets the manufacture, distribution, mailing, transportation,
	delivery, or provision of an abortion-inducing drug in violation of
	Section 171A.051, or who otherwise engages in any conduct
	prohibited by Section 171A.051 is strictly 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)  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 at the behest of a
	federal agency, contractor, or employee who is carrying out duties
	under federal law if the imposition of liability would violate the
	doctrines of preemption or intergovernmental immunity; or
	(3)  by any person who impregnated the woman who used
	abortion-inducing drugs through conduct constituting an offense
	under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code,
	or by another person who acts in concert or participation with that
	person.
	(d)  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.102.  DEFENSES. (a) It is an affirmative defense
	to an action brought under Section 171A.101 that the defendant:
	(1)  was unaware that the defendant was engaged in the
	conduct described by Section 171A.101(a); and
	(2)  took every reasonable precaution to ensure that
	the defendant would not manufacture, distribute, mail, transport,
	deliver, provide, or aid or abet the manufacture, distribution,
	mail, transportation, delivery, 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 this section:
	(1)  ignorance or mistake of law;
	(2)  a defendant's belief that 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 that 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 that
	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)  non-mutual issue preclusion or non-mutual claim
	preclusion;
	(7)  the consent of the claimant or the unborn child's
	mother to the abortion;
	(8)  contributory or comparative negligence;
	(9)  assumption of risk; or
	(10)  a claim that the enforcement of this chapter or
	the imposition of civil liability against the defendant will
	violate the constitutional rights of third parties.
	Sec. 171A.103.  APPORTIONED 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 market for abortion-inducing drugs.
	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. 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.  CONSTRUCTION OF SUBCHAPTER. This subchapter
	may not be construed to impose liability on speech or conduct
	protected by the First Amendment of the United States Constitution,
	as made applicable to the states through the United States Supreme
	Court's interpretation of the Fourteenth Amendment of the United
	States Constitution or protected by Section 8, Article I, Texas
	Constitution.
	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.
	(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 United States Constitution.
	(c)  Chapters 27 and 110, Civil Practice and Remedies Code,
	do not apply to an action brought under Section 171A.101.
	SUBCHAPTER D. PRIVATE CIVIL ENFORCEMENT OF PROHIBITIONS RELATING
	TO ABORTION-INDUCING DRUGS
	Sec. 171A.151.  CIVIL ACTION AUTHORIZED. (a) Except as
	provided by this section, a person, other than this state, a
	political subdivision of this state, and an officer or employee of
	this state or a political subdivision of this state, has standing to
	bring and may bring a civil action against a person who:
	(1)  violates Section 171A.051; or
	(2)  intends to violate Section 171A.051.
	(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)  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 at the behest of a
	federal agency, contractor, or employee who is carrying out duties
	under federal law if the imposition of liability would violate the
	doctrines of preemption or intergovernmental immunity; or
	(3)  by any person who impregnated the woman who used
	or sought to obtain abortion-inducing drugs through conduct
	constituting an offense under Section 21.02, 21.11, 22.011, 22.021,
	or 25.02, Penal Code, or by another person who acts in concert or
	participation with that person.
	(d)  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.152.  DEFENSES. (a) It is an affirmative defense
	to an action brought under Section 171A.151 that the defendant:
	(1)  was unaware that the defendant was engaged in the
	conduct prohibited by Section 171A.051; and
	(2)  took every reasonable precaution to ensure that
	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 this section:
	(1)  ignorance or mistake of law;
	(2)  a defendant's belief that 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 that 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 that
	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)  non-mutual issue preclusion or non-mutual claim
	preclusion;
	(7)  the consent of the claimant or the unborn child's
	mother to the abortion;
	(8)  contributory or comparative negligence;
	(9)  assumption of risk; or
	(10)  a claim that the enforcement of this chapter or
	the imposition of civil liability against the defendant will
	violate the constitutional rights of third parties.
	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 (c), if a claimant prevails in an action brought under
	Section 171A.151, the court shall award:
	(1)  injunctive relief sufficient to prevent the
	defendant from violating Section 171A.051;
	(2)  nominal damages or compensatory damages if the
	claimant has suffered injury or harm from the defendant's conduct,
	including loss of consortium and emotional distress;
	(3)  statutory damages in an amount of not less than
	$10,000 for each violation of Section 171A.051; and
	(4)  costs and reasonable attorney's fees.
	(b)  A court may not award relief under Subsection (a)(3) or
	(a)(4) in response to a violation of Section 171A.051 if the
	defendant demonstrates that a court has already ordered the
	defendant to pay the full amount of statutory damages under
	Subsection (a)(3) in another action for that particular violation.
	(c)  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. This subchapter
	may not be construed to impose liability on speech or conduct
	protected by the First Amendment of the United States Constitution,
	as made applicable to the states through the United States Supreme
	Court's interpretation of the Fourteenth Amendment of the United
	States Constitution or protected by Section 8, Article I, Texas
	Constitution.
	Sec. 171A.156.  PUBLIC 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.151;
	(2)  establish or attempt to establish any type of
	agency or fiduciary relationship with a claimant bringing an action
	under Section 171A.151;
	(3)  make any 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 governmental entity or
	officer or employee of a governmental entity from filing an amicus
	curiae brief in an action brought under Section 171A.151 if the
	entity, officer, or employee does not act in concert or
	participation with the claimant.
	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.
	(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 United States Constitution.
	(c)  Chapters 27 and 110, Civil Practice and Remedies Code,
	do not apply to an action brought under Section 171A.151.
	SUBCHAPTER E. PRIVATE CIVIL ENFORCEMENT AGAINST INTERACTIVE
	COMPUTER SERVICES FACILITATING ABORTION
	Sec. 171A.201.  CIVIL ACTION AGAINST INTERACTIVE COMPUTER
	SERVICE PROVIDER. (a) A person, other than this state, a political
	subdivision of this state, and an officer or employee of this state
	or a political subdivision of this state, has standing to bring and
	may bring a civil 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
	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 that is designed
	to 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, distribute, mail, transport, deliver, or provide
	abortion-inducing drugs, to collect money, digital currency,
	resources, or any other thing of value in connection with that
	conduct.
	(b)  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 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,
	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 claimant prevails in an action brought under
	Section 171A.201, the court shall award only declaratory or
	injunctive relief. A court may not award:
	(1)  damages in the action, even if the claimant
	demonstrates harm from the defendant's conduct; or
	(2)  a prevailing claimant's 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 exercise of a constitutional 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 doctrines of preemption or intergovernmental immunity;
	or
	(3)  conduct engaged in by 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)(1), (2), or (3) 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, conduct described by Section
	171A.201(1), (2), or (3) is not subject to criminal, civil, or
	administrative liability except solely through the private civil
	action described by Section 171A.201. 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 take a direct or
	indirect enforcement action under this subchapter against any
	person, by any means.
	(b)  Except as provided by Subsection (c), a person may not
	use conduct described by Section 171A.201(1), (2), or (3) as a
	justification for the enforcement of any other law or any type of
	adverse consequence under any other law except as provided by
	Section 171A.201.
	(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.
	Sec. 171A.206.  PUBLIC 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.201;
	(2)  establish or attempt to establish any type of
	agency or fiduciary relationship with a claimant bringing an action
	under Section 171A.201;
	(3)  make any 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 governmental entity or
	officer or employee of a governmental entity from filing an amicus
	curiae brief in an action brought under Section 171A.201 if the
	entity, officer, or employee does not act in concert or
	participation with the claimant.
	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.
	(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 United States Constitution.
	(c)  Chapters 27 and 110, Civil Practice and Remedies Code,
	do not apply to an action brought under Section 171A.151.
	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 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;
	(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 constitutional or federally protected rights that
	belong to the defendant personally; or
	(2)  the defendant:
	(A)  has standing to assert the rights of a third
	party under the tests for third-party standing established by the
	United States Supreme Court; and
	(B)  demonstrates that the imposition of civil
	liability on the defendant will violate constitutional or federally
	protected rights belonging to a third party.
	(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. Notwithstanding
	any other law, a court may not apply the law of another state or
	jurisdiction to any civil action brought under Section 171A.101,
	171A.151, or 171A.201 unless Article VI of the United States
	Constitution compels it to do so.
	Sec. 171A.254.  VENUE. (a) Notwithstanding any other law, a
	civil action brought under Section 171A.101, 171A.151, or 171A.201
	must 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 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.
	Sec. 171A.255.  PROTECTION FROM COUNTER ACTIONS. If an
	action brought against a person or liability imposed in a judgment
	entered against a person is wholly or partly based 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 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. INTERNET SERVICE PROVIDER DUTIES
	Sec. 171A.301.  RESTRICTIONS ON ACCESS TO CERTAIN
	INFORMATION AND MATERIALS ACCESSIBLE THROUGH CERTAIN INTERNET
	WEBSITES. Each Internet service provider that provides Internet
	services in this state shall make every reasonable and
	technologically feasible effort to block Internet access to
	information or material intended to assist or facilitate efforts to
	obtain an elective abortion or an abortion-inducing drug, including
	information or material accessible through:
	(1)  the following Internet websites:
	(A)  aidaccess.org;
	(B)  heyjane.co;
	(C)  plancpills.org;
	(D)  mychoix.co;
	(E)  justthepill.com; and
	(F)  carafem.org;
	(2)  an Internet website, platform, or other
	interactive computer service operated by or on behalf of an
	abortion provider or abortion fund;
	(3)  an Internet website, platform, or other
	interactive computer service for downloading any application or
	software for use on a computer or electronic device that is designed
	to assist or facilitate efforts to obtain an elective abortion or an
	abortion-inducing drug; or
	(4)  an Internet website, platform, or other
	interactive computer service that allows or enables those who
	provide or aid or abet elective abortions, or those who
	manufacture, mail, distribute, transport, or provide
	abortion-inducing drugs, to collect money, digital currency,
	resources, or any other thing of value.
	Sec. 171A.302.  NOTIFICATION TO INTERNET SERVICE PROVIDER.
	A person who becomes aware that information or material described
	by Section 171A.301 is accessible through an Internet service
	provider that provides Internet services in this state may notify
	the provider and request that the provider block access to the
	information or material in accordance with that section. A person
	may provide the notification by:
	(1)  calling the provider's customer support number and
	providing a precise description and location of the information or
	material; or
	(2)  mailing a letter to the provider that includes a
	precise description and location of the information or material.
	Sec. 171A.303.  PUBLIC ENFORCEMENT PROHIBITED. (a)
	Notwithstanding any other law, direct or indirect enforcement of
	this subchapter may not be taken or threatened by this state or a
	political subdivision of this state, or by any officer, employee,
	or agent of this state or a political subdivision of this state, by
	any means.
	(b)  This state, a political subdivision of this state, or an
	officer, employee, or agent of this state or a political
	subdivision of this state may request or encourage an Internet
	service provider to comply with the requirements of this
	subchapter.
	Sec. 171A.304.  LIABILITY; RECOVERY OF DAMAGES. (a)
	Notwithstanding any other law, an Internet service provider that
	provides Internet services in this state has absolute and
	nonwaivable immunity from liability or suit for:
	(1)  an action taken to comply with the requirements of
	this subchapter, or to restrict access to or availability of the
	information or material described by Section 171A.301;
	(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 Section
	171A.301; or
	(3)  a denial of service to persons who use or seek to
	use the Internet to make available information or material
	described by Section 171A.301.
	(b)  An Internet service provider against whom an action is
	brought or a judgment is entered in state or federal court that is
	wholly or partly based on the provider's compliance with the
	requirements of this subchapter may recover damages from a claimant
	that brought the action or obtained the judgment or who has sought
	to enforce the judgment. The damages include:
	(1)  compensatory damages created by the action or
	judgment, including money damages in an amount of the judgment, and
	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 H. CRIMINAL OFFENSES
	Sec. 171A.351.  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 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 at which 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 a
	pregnant woman on whom an elective abortion is performed or
	attempted.
	(d)  The prohibition under Subsection (a) applies
	extraterritorially to the maximum extent permitted by the United
	States Constitution or the Texas Constitution.
	Sec. 171A.352.  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, except that the offense is a felony of the first
	degree if an unborn child dies as a result of the offense.
	(c)  The prohibition under Subsection (a) does not apply to a
	pregnant woman on whom an elective abortion is performed or
	attempted.
	(d)  The prohibition under Subsection (a) applies
	extraterritorially to the maximum extent permitted by the United
	States Constitution or the Texas Constitution.
	SUBCHAPTER I. PROVISIONS RELATING TO ENFORCEMENT OF ABORTION LAWS
	Sec. 171A.401.  DEFINITION. In this subchapter, "abortion
	law" means any law of this state regulating abortion, including
	this chapter and Chapter 6-1/2, Title 71, Revised Statutes.
	Sec. 171A.402.  STATUTE OF LIMITATIONS. Notwithstanding any
	other law, there is no applicable statute of limitations for an
	offense committed under an abortion law.
	Sec. 171A.403.  CONCURRENT JURISDICTION OF ATTORNEY
	GENERAL. Notwithstanding any other law, the attorney general has
	concurrent jurisdiction to prosecute any 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.404.  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 abortion law of this state
	except for Subchapter H, Chapter 171, or Subchapter B, C, or E of
	this chapter.
	Sec. 171A.405.  FEE SHIFTING. (a) Notwithstanding any
	other law, a person, including an entity, attorney, or law firm, who
	brings an action seeking 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 a
	state or federal court or who represents a litigant seeking such
	relief in a 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.
	(b)  For purposes of this section, a party is considered a
	prevailing party if a state or federal court:
	(1)  dismisses a claim or cause of action brought
	against the party that seeks the declaratory or injunctive relief
	described by Subsection (a), regardless of the reason for the
	dismissal; or
	(2)  enters judgment in the party's favor on that claim
	or cause of action.
	(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 an action brought under
	Subsection (d) 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 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.
	SUBCHAPTER J. IMMUNITY AND LIMITS ON STATE-COURT JURISDICTION
	Sec. 171A.451.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
	IMMUNITY. (a) Except as provided by Subsection (b) but
	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 or employee of this state
	or a political subdivision of this state from:
	(A)  enforcing any provision or application of
	this chapter; or
	(B)  hearing, adjudicating, or docketing a civil
	action brought under Section 171A.101, 171A.151, or 171A.201.
	(b)  Subsection (a) does not apply to the extent that
	immunity has been abrogated or preempted by federal law in a manner
	consistent with the United States Constitution.
	(c)  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 legislation authorized by:
	(1)  Section 5 of the Fourteenth Amendment, United
	States Constitution;
	(2)  the Bankruptcy Clause of Article I, United States
	Constitution; or
	(3)  Congress's powers to raise and support armies and
	to provide and maintain a navy.
	Sec. 171A.452.  APPLICABILITY OF IMMUNITY. Notwithstanding
	any other law, the immunity conferred by Section 171A.451 applies
	to every court, both state and federal, and in every type of
	adjudicative proceeding.
	Sec. 171A.453.  CONSTRUCTION OF CHAPTER. 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.454.  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.451 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.451 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.455.  JURISDICTION. Notwithstanding any other
	law, 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, that would pronounce any provision or application of
	this subchapter invalid or unconstitutional; or
	(2)  would 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:
	(A)  enforcing any provision or application of
	this chapter; or
	(B)  hearing, adjudicating, or docketing a civil
	action brought under Section 171A.101, 171A.151, or 171A.201.
	Sec. 171A.456.  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.451 or the jurisdictional limitation described by Section
	171A.455:
	(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 the 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:
	(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.457.  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 Subsection (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.
	(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.455 or
	171A.456(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.
	Sec. 171A.458.  ACTION TO RECOVER COSTS. (a)
	Notwithstanding any other law, a claimant who brings an action
	seeking a writ, injunction, or declaratory judgment that would
	restrain a person from hearing, adjudicating, docketing, or filing
	an action under Section 171A.101, 171A.151, or 171A.201 is liable
	to the person for the person's costs and attorney's fees incurred in
	connection with the action.
	(b)  A person entitled to recover costs and attorney's fees
	under this section may bring an action in state or federal court.
	(c)  It is not a defense to an action brought under this
	section that:
	(1)  the claimant 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 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.
	SECTION 4.  Section 71.02(a), Penal Code, is 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,
	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
	through forgery, fraud, misrepresentation, or deception;
	(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;
	(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 or 20.06;
	(18)  any offense under Section 16.02; [or]
	(19)  any offense classified as a felony under the Tax
	Code;
	(20)  a violation of 18 U.S.C. Section 1462(c);
	(21)  a violation of an abortion law under Chapter 170,
	170A, 171, or 171A, Health and Safety Code, or Chapter 6-1/2, Title
	71, Revised Statutes; and
	(22)  an offense under Chapter 28 directed at a church,
	a crisis pregnancy center, an adoption agency, or an entity that
	offers alternatives to abortion services.
	SECTION 5.  (a)  Mindful of Leavitt v. Jane L., 518 U.S. 137
	(1996), in which in the context of determining the severability of a
	state statute regulating abortion the United States Supreme Court
	held that an explicit statement of legislative intent is
	controlling, 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, are severable
	from each other.
	(b)  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, preempted, or unconstitutional, for any reason
	whatsoever, then the remaining applications of that provision to
	all other persons and circumstances shall be severed and preserved,
	and shall remain in effect. All constitutionally valid
	applications of the provisions in this Act shall be severed from any
	applications that a court finds to be invalid, preempted, or
	unconstitutional, because it is the legislature's intent and
	priority that every single valid application of every statutory
	provision be allowed to stand alone.
	(c)  The legislature further declares that it would have
	enacted this Act, and each provision, section, subsection,
	sentence, clause, phrase, or word, and all constitutional
	applications of the provisions of this Act, irrespective of the
	fact that any provision, section, subsection, sentence, clause,
	phrase, or word, or applications of this Act were to be declared
	invalid, preempted, or unconstitutional.
	(d)  If any provision of this Act is found by any court to be
	unconstitutionally vague, then the applications of that provision
	that do not present constitutional vagueness problems shall be
	severed and remain in force, consistent with the severability
	requirements of Subsections (a), (b), and (c) of this section.
	(e)  No court may decline to enforce the severability
	requirements of Subsections (a), (b), (c), and (d) of this section
	on the ground that severance would rewrite the statute or involve
	the court in legislative or lawmaking activity. A court that
	declines to enforce or enjoins a state official from enforcing a
	statutory provision is not rewriting a statute or engaging in
	legislative or lawmaking activity, as the statute continues to
	contain the same words as before the court's decision. A judicial
	injunction or declaration of unconstitutionality:
	(1)  is nothing more than an edict prohibiting
	enforcement of the disputed statute against the named parties to
	that lawsuit, which may subsequently be vacated by a later court if
	that court has a different understanding of the requirements of the
	Texas Constitution or United States Constitution;
	(2)  is not a formal amendment of the language in a
	statute; and
	(3)  no more rewrites a statute than a decision by the
	executive not to enforce a duly enacted statute in a limited and
	defined set of circumstances.
	(f)  If any state or federal court disregards any of the
	severability requirements in Subsections (a), (b), (c), (d), or (e)
	of this section, and declares or finds any provision of this Act
	facially invalid, preempted, or unconstitutional, when there are
	discrete applications of that provision that can be enforced
	against a person, a group of persons, or circumstances without
	violating federal law or the United States Constitution or Texas
	Constitution, then that provision shall be interpreted, as a matter
	of state law, as if the legislature had enacted a provision limited
	to the persons, group of persons, or circumstances for which the
	provision's application will not violate federal law or the United
	States Constitution or Texas Constitution, and every court shall
	adopt this saving construction of that provision until the court
	ruling that pronounced the provision facially invalid, preempted,
	or unconstitutional is vacated or overruled.
	SECTION 6.  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 7.  Section 71.02, Penal Code, as 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 8.  This Act takes effect September 1, 2025.