HB 65 — Relating to abortion, including civil liability for distribution of abortion-inducing drugs; making conforming changes and harmonizing conforming provisions; authorizing a private civil right of action.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 3 section(s) of the Texas statutes: Section 27.010(a), Section 110.013, Civil Practice and Remedies Code, Section 171.2105.

• 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) "Abortion provider" means a person that performs elective abortions. (4) "Elective abortion" means an abortion performed or induced by a licensed physician that is not performed or induced in response to a medical emergency. (5) "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. (6) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system providing access to the Internet and such systems operated or services offered by libraries or educational institutions. The term does not include: (A) an Internet service provider or the provider's affiliates or subsidiaries; (B) a search engine; or (C) a cloud service provider that solely provides access or connection to or from an Internet website or other information or content on the Internet or on a facility, system, or network that is not under the provider's control, including transmission, downloading, intermediate storage, access software, or other services. (7) "Medical emergency" has the meaning assigned by Section 171.002. Sec. 171A.002. CONSTRUCTION OF CHAPTER RELATED TO LIABILITY. This chapter may not be construed to impose liability on the speech or conduct of: (1) an Internet service provider or the provider's affiliates or subsidiaries; (2) a search engine; or (3) a cloud service provider that solely provides access or connection to or from an Internet website or other information or content on the Internet or on a facility, system, or network that is not under the provider's control, including transmission, downloading, intermediate storage, access software, or other services. SUBCHAPTER B. PROTECTION FROM ABORTION-INDUCING DRUGS Sec. 171A.051. PROHIBITIONS RELATED TO ABORTION-INDUCING DRUGS. (a) Except as provided by Subsection (b), a person may not: (1) manufacture 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 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 this state is prohibited from regulating under the Texas Constitution or federal law, including the United States Constitution; (3) conduct of a pregnant woman who aborts or seeks to abort the woman's unborn child; (4) the possession, distribution, mailing, transport, delivery, or provision of an abortion-inducing drug for a purpose that does not include performing, inducing, attempting, or assisting an abortion; (5) the possession, distribution, mailing, transport, delivery, or provision of an abortion-inducing drug for the purpose of enabling a licensed physician to treat a pregnant woman during a medical emergency; (6) the possession of an abortion-inducing drug for purposes of entrapping a person that violates this section; or (7) conduct engaged in by a person under the direction of a federal agency, contractor, or employee to carry out a duty under federal law, if prohibiting that conduct would violate the doctrine of preemption or intergovernmental immunity. Sec. 171A.052. EXCLUSIVE ENFORCEMENT; EFFECT OF OTHER LAW. (a) Notwi

  amended

• Section 27.010(a)

  or → ; (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

  amended

• Section 110.013, Civil Practice and Remedies Code

  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.

  added

• Section 171.2105

  Sec. 171.2105. JURISDICTION. Notwithstanding any other law, including Chapter 37, Civil Practice and Remedies Code, a court of this state does not have jurisdiction to consider and may not award relief under any action, claim, or counterclaim that seeks declaratory or injunctive relief, or any type of writ, including a writ of prohibition, that would pronounce any provision or application of this subchapter invalid or unconstitutional.

  added

Action History

1. July 14, 2025

   Filed

Sponsors

• Wes Virdell · Cosponsor
• Steve Toth · Cosponsor
• Tom Oliverson · Cosponsor
• Andy Hopper · Cosponsor
• Richard Hayes · Cosponsor
• Helen Kerwin · Primary
• Janis Holt · Primary
• Cody Vasut · Primary
• Briscoe Cain · Primary
• Leo Wilson · Primary

Subjects