SB 7 — Relating to abortion, including civil liability for the manufacture and provision of abortion-inducing drugs, exemptions from the Texas Citizens Participation Act and Religious Freedom Restoration Act, authorizing civil and qui tam actions, amendments to the fee-shifting statute governing abortion litigation, immunity defenses and limits on state-court jurisdiction and relief, the parens patriae standing of the attorney general, and the jurisdiction of the Fifteenth Court of Appeals; providing for severability.

or2-39 (2)AAmail,(b)AANotwithstanding transport, deliver, prescribe, or provide an S.B.ANo.A7 abortion-inducing drug in any mannerother tolaw, orSubsection from(a) anydoes personnot or2-40 locationprohibit: in this state.

(b)2-41 AANotwithstanding(1)AAspeech anyor otherconduct law,protected Subsectionby (a)the doesFirst notAmendment prohibit:2-42 to the United States Constitution, as made applicable to the states 2-43 through the United States Supreme Court ’s interpretation of the 2-44 Fourteenth Amendment to the United States Constitution, or 2-45 protected by Section 8, Article I, Texas Constitution;

(1)AAspeech2-46 or(2)AAconduct conductof protecteda bypregnant thewoman Firstwho Amendmentaborts toor theseeks United States Constitution, as made applicable to the2-47 satesabort through the Unitedwoman’s Statesunborn Supremechild; Court’ s interpretation of the Fourteenth Amendment to the United States Constitution, or protected by Section 8, Article I, Texas Constitution;

(2)AAconduct2-48 (3)AAthe possession, distribution, mailing, transport, 2-49 delivery, or provision of an abortion-inducing drug for a pregnantpurpose woman2-50 whothat abortsdoes not include performing, inducing, attempting, or seeks2-51 toassisting abortan theabortion, woman’sor unbornfor child;any purpose described in Section 2-52 171A.002(b);

(3)AAtheor possession,2-53 distribution,(4)AAconduct mailing,of transport,a delivery,person orunder provisionthe direction of ana abortion-inducing2-54 drugfederal foragency, acontractor, purposeor thatemployee doesto notcarry includeout performing,a inducing,duty attempting,under or2-55 assistingfederal anlaw, abortion,if orprohibiting forthat anyconduct purposewould describedviolate inthe Sectiondoctrine 171A.002(b);2-56 of preemption or intergovernmental immunity.

or2-57 (4)AAconductSec.A171A.052.AAEXCLUSIVE ofENFORCEMENT; 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.A171A.052.AAEXCLUSIVE ENFORCEMENT;

2-58 (a) Notwithstanding any other law, this subchapter may be enforced 2-59 only through a qui tam action brought under Subchapter C.

(b)2-60 AANo(b)AANo other direct or indirect enforcement of this 2-61 subchapter may be taken or threatened by this state, a political 2-62 subdivision of this state, a district or county attorney, or any 2-63 officer or employee of this state or a political subdivision of this S.B.ANo.A72-64 state against any person, by any means whatsoever, except as 2-65 provided in Subchapter C.

(c)2-66 AAThis(c)AAThis section does not preclude or limit the enforcement 2-67 of any other law or regulation against conduct that is 2-68 independently prohibited by the other law or regulation and that 2-69 would remain prohibited by the other law or regulation in the S.B.ANo.A7 3-1 absence of this subchapter.

3-2 SUBCHAPTER C.

QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO 3-3 ABORTION-INDUCING DRUGS 3-4 Sec.A171A.151.AAQUI TAM ACTION AUTHORIZED.

(a) 3-5 Notwithstanding any other law and except as provided by this 3-6 section or by sectionA171A.002,section A171A.002, a person, other than a political 3-7 subdivision of this state, or an officer or employee of this state 3-8 or a political subdivision of this state, has standing to bring and 3-9 may bring a qui tam action against a person who:

3-10 (1)AAviolates Section 171A.051;

or 3-11 (2)AAintends to violate Section 171A.051.

(b)3-12 AAAn(b)AAAn action brought under this section must be brought in 3-13 the name of the qui tam relator, who shall be regarded as an 3-14 assignee of the state’sstate s claim for relief.

The transfer of the 3-15 state s claim to the qui tam relator is absolute, with the state 3-16 retaining no interest in the subject matter, notwithstanding any 3-17 other law.

(c)3-18 AAA(c)AAA qui tam relator may not bring an action under this 3-19 section if the action is preempted by 47 U.S.C.

(d)3-20 AANotwithstanding(d)AANotwithstanding any other law, a qui tam action may not 3-21 be brought under this section:

S.B.ANo.A73-22 (1)AAagainst a woman for using, obtaining, or seeking 3-23 to obtain abortion-inducing drugs to abort or attempt to abort her 3-24 unborn child;

3-25 (2)AAagainst a person that acted under the direction of 3-26 a federal agency, contractor, or employee who is carrying out 3-27 duties under federal law if the imposition of liability would 3-28 violate the doctrine of preemption or intergovernmental immunity;

3-29 (3)AAagainst a common carrier that:

3-30 (A)AAtransports a pregnant woman or other 3-31 passengers to an abortion provider;

and (B)AAis3-32 (B) AAis unaware the passenger is traveling to an 3-33 abortion provider;

3-34 (4)AAby any person who impregnated a woman through 3-35 conduct constituting sexual assault under Section 22.011, Penal 3-36 Code, or aggravated sexual assault under Section 22.021, Penal 3-37 Code, or by another person who acts in concert or participation with 3-38 that person;

or 3-39 (5)AAagainst a physician, hospital, healthcare 3-40 provider, healthcare facility, pharmacy, pharmaceutical 3-41 manufacturer, pharmaceutical distributor, or common carrier that 3-42 took every reasonable precaution to ensure that it would not 3-43 manufacture, distribute, mail, transport, deliver, prescribe, 3-44 provide, possess, or aid or abet the manufacture, distribution, 3-45 mailing, transportation, delivery, prescription, provision, or 3-46 possession of abortion-inducing drugs except for the purposes 3-47 described in Section 171A.002(b), including by adopting a policy 3-48 that it will not manufacture, distribute, mail, transport, deliver, S.B.ANo.A73-49 prescribe, provide, possess, or aid or abet the manufacture, 3-50 distribution, mailing, transportation, delivery, prescription, 3-51 provision, possession of abortion-inducing drugs except for the 3-52 purposes described in Section 171A.002(b).

3-53 (e)AANotwithstanding any other law, including rules of civil 3-54 procedure adopted under Chapter 26, Civil Practice and Remedies 3-55 Code, an action brought under this section may not be litigated on 3-56 behalf of a claimant class or a defendant class, and a court may not 3-57 certify a class in the action.

3-58 Sec.A171A.152.AADEFENSES.

(a) It is an affirmative defense 3-59 to an action brought under Section 171A.151 that the defendant:

3-60 (1)AAwas unaware the defendant was engaged in the 3-61 conduct prohibited by Section 171A.051;

and 3-62 (2)AAtook reasonable precautions to ensure the 3-63 defendant would not violate Section 171A.051.

(b)3-64 AAA(b)AAA defendant has the burden of proving an affirmative 3-65 defense under Subsection (a) by a preponderance of the evidence.

(c)3-66 AANotwithstanding(c)AANotwithstanding any other law, the following are not a 3-67 defense to an action brought under Section 171A.151:

3-68 (1)AAa defendant ’s ignorance or mistake of law, 3-69 including Aa defendant s mistaken belief that the requirements or S.B.ANo.A7 4-1 provisions of this chapter are unconstitutional or were 4-2 unconstitutional;

4-3 (2)AAa defendant’s reliance on a court decision that has 4-4 been vacated, reversed, or overruled on appeal or by a subsequent 4-5 court, even if the court decision had not been vacated, reversed, or 4-6 overruled when the cause of action accrued;

S.B.ANo.A74-7 (3)AAa defendant’s reliance on a state or federal court 4-8 decision that is not binding on the court in which the action has 4-9 been brought;

4-10 (4)AAa defendant’s reliance on a federal statute, 4-11 agency rule or action, or treaty that has been repealed, 4-12 superseded, or declared invalid or unconstitutional, even if the 4-13 federal statute, agency rule or action, or treaty had not been 4-14 repealed, superseded, or declared invalid or unconstitutional when 4-15 the cause of action accrued;

4-16 (5)AAthe laws of another state or jurisdiction, 4-17 including an abortion shield law, unless the Texas Constitution or 4-18 federal law compels the court to enforce that law;

4-19 (6)AAnon-mutual issue preclusion or non-mutual claim 4-20 preclusion;

4-21 (7)AAsovereign immunity, governmental immunity, or 4-22 official immunity, except that sovereign immunity, governmental 4-23 immunity, or official immunity is not waived for:

4-24 (A)AAa hospital owned and operated by the state 4-25 that facilitates or makes available abortion-inducing drugs solely 4-26 for purposes described in section 171A.002(b);

4-27 (B)AAa political subdivision, including a 4-28 hospital district, that facilitates or makes available 4-29 abortion-inducing drugs solely for purposes described in section 4-30 171A.002(b);

or 4-31 (C)AAa physician or other health care professional 4-32 employed by a hospital owned or operated by the state or a political 4-33 subdivision in this state, including a hospital district, acting S.B.ANo.A74-34 within the scope of their employment who prescribes, distributes, 4-35 administers, or otherwise makes available abortion-inducing drugs 4-36 solely for purposes described in section 171A.002(b);

or 4-37 (8)AAa claim that the enforcement of this chapter or the 4-38 imposition of civil liability against the defendant will violate 4-39 the constitutional or federally protected rights of third parties, 4-40 except as provided by Section 171A.201.

4-41 Sec.A171A.153.AASTATUTE OF LIMITATIONS.

Notwithstanding any 4-42 other law, a person may bring an action under Section 171A.151 not 4-43 later than the sixth anniversary of the date the cause of action 4-44 accrues.

4-45 Sec.A171A.154.AAREMEDIES.

(a) Notwithstanding any other 4-46 law and except as provided by Subsection (b), if a qui tam relator 4-47 prevails in an action brought under Section 171A.151, the court 4-48 shall award to the relator:

4-49 (1)AAinjunctive relief sufficient to prevent the 4-50 defendant from violating Section 171A.051;

4-51 (2)AAstatutory damages in an amount of not less than 4-52 $100,000 for each violation of Section 171A.051;

and 4-53 (3)AAcosts and reasonable attorney’s fees.

(b)4-54 AAA(b)AAA court may not award relief under Subsection (a)(2) or 4-55 (3) in response to a violation of Section 171A.051 if the defendant 4-56 demonstrates that a court previously ordered the defendant to pay 4-57 damages under Subsection (a)(2) in another action for that 4-58 particular violation, and that court order has not been vacated, 4-59 reversed, or overturned.

(c)4-60 AANotwithstanding(c)AANotwithstanding any other law, a court may not award S.B.ANo.A74-61 costs or attorney’s fees under the Texas Rules of Civil Procedure or 4-62 any other rule adopted by the supreme court under Section 22.004, 4-63 Government Code, to a defendant against whom an action is brought 4-64 under Section 171A.151.

This section does not preclude an award of 4-65 sanctions under Chapter 10, Civil Practice and Remedies Code, nor 4-66 does it preclude a court from sanctioning a litigant or attorney for 4-67 frivolous, malicious, or bad-faith conduct.

4-68 Sec.A171A.155.AACONSTRUCTION OF SUBCHAPTER RELATED TO FIRST 4-69 AMENDMENT PROTECTIONS.

This subchapter may not be construed to S.B.ANo.A7 5-1 impose liability on speech or conduct protected by the First 5-2 Amendment to the United States Constitution, as made applicable to 5-3 the states through the United States Supreme Court’sCourt s interpretation 5-4 of the Fourteenth Amendment to the United States Constitution, or 5-5 protected by Section 8, Article I, Texas Constitution.

5-6 Sec.A171A.156.AACOORDINATED ENFORCEMENT PROHIBITED.

(a) 5-7 Notwithstanding any other law, this state, a political subdivision 5-8 of this state, or an officer or employee of this state or a 5-9 political subdivision of this state may not:

5-10 (1)AAact in concert or participation with a qui tam 5-11 relator bringing an action under Section 171A.151;

5-12 (2)AAestablish or attempt to establish any type of 5-13 agency or fiduciary relationship with a qui tam relator bringing an 5-14 action under Section 171A.151;

5-15 (3)AAattempt to control or influence a person’person’s s5-16 decision to bring an action under Section 171A.151 or that personperson’ ’ss 5-17 conduct of the litigation;

or 5-18 (4)AAintervene in an action brought under Section S.B.ANo.A75-19 171A.151.

(b)5-20 AAThis(b)AAThis section does not prohibit this state, a political 5-21 subdivision of this state, or an officer or employee of this state 5-22 or a political subdivision of this state from filing an amicus 5-23 curiae brief in an action brought under Section 171A.151 if this 5-24 state, the political subdivision, the officer, or the employee does 5-25 not act in concert or participation with the qui tam relator.

5-26 Sec.A171A.157.AAJURISDICTION;

5-27 (a) Notwithstanding any other law, including Subchapter C, Chapter 5-28 17, Civil Practice and Remedies Code, the courts of this state have 5-29 personal jurisdiction over a defendant sued under Section 171A.151 5-30 to the maximum extent permitted by the Fourteenth Amendment to the 5-31 United States Constitution and the defendant may be served outside 5-32 this state.

5-33 (b)AANotwithstanding any other law, the law of this state 5-34 applies to an action brought under Section 171A.151 to the maximum 5-35 extent permitted by the Texas Constitution and federal law, 5-36 including the United States Constitution.

5-37 (c)AANotwithstanding any other law, any contractual 5-38 choice-of-law provision that requires or purports to require 5-39 application of the laws of a different jurisdiction is void based on 5-40 this statestate’s s public policy and is not enforceable in any court.

(d)5-41 AANotwithstanding(d)AANotwithstanding any other law, Chapters 27 and 110, 5-42 Civil Practice and Remedies Code, do not apply to an action brought 5-43 under Section 171A.151.

Sec.5-44 Sec.A171A.158.AAAPPEALS.

A171A.158.AAAPPEALS.Notwithstanding any other law, the 5-45 Fifteenth Court of Appeals shall have exclusive intermediate 5-46 appellate jurisdiction over any appeal or original proceeding 5-47 arising out of an action brought under Section 171A.151 in the 5-48 courts of this state.

Notwithstanding5-49 anySUBCHAPTER otherD. law, the Fifteenth Court of Appeals shall have exclusive intermediate S.B.ANo.A7 appellate jurisdiction over any appeal or original proceeding arising out of an action brought under Section 171A.151 in the courts of this state.

SUBCHAPTERPROVISIONS D.GENERALLY APPLICABLE TO CIVIL LIABILITY 5-50 FOR FACILITATING ABORTION 5-51 Sec.A171A.201.AAAFFIRMATIVE DEFENSE.

PROVISIONS(a) GENERALLYA APPLICABLEdefendant TO5-52 CIVILagainst LIABILITYwhom FORan FACILITATINGaction ABORTIONis Sec.A171A.201.AAAFFIRMATIVEbrought DEFENSE.under 171A.151 may assert an 5-53 affirmative defense to liability under this section if:

(a)5-54 A(1)AAthe defendantimposition againstof whomcivil anliability actionon isthe broughtdefendant under5-55 171A.151will mayviolate assertthe andefendant affirmative’s defenserights tounder liabilityfederal underlaw thisor sectionthe if:United 5-56 States Constitution;

(1)AAthe5-57 imposition(2)AAthe ofdefendant: civil liability on the defendant will violate the defendant s rights under federal law or the United States Constitution;

(2)AAthe5-58 defendant:(A)AAhas standing to assert the rights of a third 5-59 party under the tests for third-party standing established by the 5-60 United States Supreme Court;

(A)AAhasand standing5-61 to(B)AAdemonstrates assert the rightsimposition of acivil third5-62 partyliability underon the testsdefendant forwill third-partyviolate standingthat establishedthird byparty s rights 5-63 under federal law or the United States SupremeConstitution; Court;

and5-64 (B)AAdemonstrates(3)AAthe the imposition of civil liability on the defendant 5-65 will violate thatthe thirddefendant party’s s rights under federal law or the UnitedTexas States Constitution;

(3)AAthe5-66 or 5-67 (4)AAthe imposition of civil liability on the defendant 5-68 will violate limits on extraterritorial jurisdiction imposed by the defendant5-69 ’sUnited rightsStates underConstitution or the Texas Constitution;Constitution.

orS.B.ANo.A7 (4)AAthe6-1 imposition(b)AAThe ofdefendant civilhas liability on the defendantburden willof violateproving limitsan onaffirmative extraterritorial6-2 jurisdictiondefense imposeddescribed by theSubsection United(a) Statesby Constitutiona orpreponderance of the Texas6-3 Constitution.evidence.

(b)6-4 AATheSec.A171A.202.AACONSTRUCTION defendantOF hasCHAPTER theRELATED burdenTO ofCIVIL proving6-5 anLIABILITY affirmativeAND defenseENFORCEMENT. described by Subsection (a) by a preponderance of the evidence.

S.B.ANo.A7This Sec.A171A.202.AACONSTRUCTIONchapter OFmay CHAPTERnot RELATEDbe TOconstrued CIVILto LIABILITY6-6 ANDlimit ENFORCEMENT.or preclude a defendant from asserting the 6-7 unconstitutionality of any provision or application of the laws of 6-8 this state as a defense to liability under Section 171A.151 or from 6-9 asserting any other defense that might be available under any other 6-10 source of law.

This6-11 chapterSec.A171A.203.AAAPPLICATION mayOF notOTHER beLAW. construed to limit or preclude a defendant from asserting the unconstitutionality of any provision or application of the laws of this state as a defense to liability under Section 171A.151 or from asserting any other defense that might be available under any other source of law.

Sec.A171A.203.AAAPPLICATION(a) OF6-12 OTHERNotwithstanding LAW.any other law, a court may not apply the law of 6-13 another state or jurisdiction to any qui tam action brought under 6-14 Section 171A.151 unless the Texas Constitution or federal law 6-15 compels it to do so.

(a)6-16 Notwithstanding(b)AANotwithstanding any other law, aany courtcontractual may6-17 notchoice-of-law applyprovision thethat lawrequires ofor anotherpurports stateto orrequire jurisdiction6-18 toapplication anyof quithe tamlaws actionof broughta underdifferent Sectionjurisdiction 171A.151is unlessvoid thebased Texason Constitution6-19 orthis federalstate’s lawpublic compelspolicy itand tois donot so.enforceable in any court.

(b)AANotwithstanding6-20 anySec.A171A.204.AAVENUE. other law, any contractual choice-of-law provision that requires or purports to require application of the laws of a different jurisdiction is void based on this state’s public policy and is not enforceable in any court.

Sec.(a) Notwithstanding any other law, 6-21 including Chapter 15, Civil Practice and Remedies Code, a qui tam 6-22 action brought under Section 171A.151 may be brought in:

A171A.204.AAVENUE.6-23 (1)AAthe county in which all or a substantial part of 6-24 the events or omissions giving rise to the claim occurred;

(a)6-25 Notwithstanding(2)AAthe anycounty otherof law,a includingdefendant’ Chapters 15,residence Civilat Practicethe andtime Remedies6-26 Code,the acause quiof tam action broughtaccrued underif Sectiona 171A.151defendant mayis bean broughtindividual; in:

(1)AAthe6-27 (3)AAthe county inof whichthe allprincipal oroffice ain substantialthis partstate of the6-28 eventsa ordefendant omissionsthat givingis risenot toan theindividual; claim occurred;

(2)AAtheor 6-29 (4)AAthe county of athe defendant’claimant’s s residence atif the time6-30 theclaimant causeis ofan actionindividual accruedresiding ifin athis defendantstate. is an individual;

(3)AAthe6-31 county(b)AAIf ofa thequi principaltam officeaction inis thisbrought stateunder ofSection 171A.151 in 6-32 a defendantvenue thatdescribed isby Subsection (a), the action may not anbe individual;6-33 transferred to a different venue without the written consent of all 6-34 parties.

6-35 (c)AANotwithstanding any other law, any contractual 6-36 choice-of-forum provision that requires or (4)AAthepurports countyto ofrequire thea claimant’s6-37 residencequi iftam theaction claimantunder isSections an171A.151 individualto residingbe litigated in a 6-38 particular forum is void based on this state.state’ s public policy and is 6-39 not enforceable in any court.

S.B.ANo.A76-40 (b)AAIfSec.A171A.205.AAPROTECTION aFROM quiCOUNTER tamACTIONS. action is brought under Section 171A.151 in a venue described by Subsection (a), the action may not be transferred to a different venue without the written consent of all parties.

(c)AANotwithstanding(a) anyFor other6-41 law,purposes anyof contractualthis choice-of-forumsection, provisionthe thatterm requires"clawback orprovision" purportsrefers to require6-42 aany quilaw tamof actionanother understate Sectionsor 171A.151jurisdiction tothat beauthorizes litigatedlawsuits in6-43 against a particularperson forumfor: is void based on this state’s public policy and is not enforceable in any court.

Sec.6-44 (1)AAbringing or engaging in:

A171A.205.AAPROTECTION6-45 FROM(A)AAan COUNTERaction ACTIONS.under Section 170A.005, 171.208, 6-46 171A.151, 171A.252, or any other law of this state that regulates or 6-47 restricts abortion;

(a)6-48 For(B) purposesAAa ofcriminal thisprosecution section,under theSection term6-49 "clawback170A.004, provision"Chapter refers6-1/2, toTitle 71, Revised Statutes, or any other 6-50 law of anotherthis state orthat jurisdictionimposes thatcriminal authorizespenalties lawsuitson againstabortion aor person6-51 for:abortion-related conduct;

(1)AAbringing6-52 (C)AAan action or engagingcriminal in:prosecution that 6-53 alleges conduct that violates one or more of the state’ s abortion 6-54 laws;

(A)AAan action under Section 170A.005, 171.208, 171A.151, 171A.252, or any6-55 other(D) lawAAan ofaction thisunder stateSubsection that(g); regulates or restricts abortion;

(B)AAa6-56 criminal(2)AAattempting, prosecutionintending, underor Sectionthreatening 170A.004,to Chapterbring 6-1/2, Title 71, Revised Statutes, or any6-57 otherengage lawin ofan thisaction stateor that imposes criminal penaltiesprosecution ondescribed abortionin orSubsection abortion-related6-58 conduct;(a)(1);

(C)AAanor action6-59 (3)AAproviding legal representation or criminalany prosecutiontype thatof alleges6-60 conductassistance thatto violatesa oneperson who brings or moreengages ofin thean stateaction sor abortion6-61 laws;criminal prosecution described in Subsection (a)(1).

or6-62 (D)AAan(b)AAFor actionpurposes underof Subsectionthis (g);section, the term "clawback 6-63 provision" includes but is not limited to each of the following 6-64 laws:

(2)AAattempting,6-65 intending,(1)AASection or1798.303, threateningCalifornia toCivil bringCode; or engage in an action or criminal prosecution described in Subsection S.B.ANo.A7 (a)(1);

or6-66 (3)AAproviding(2)AASection legal52-571m, representationConnecticut orGeneral anyStatutes; type of assistance to a person who brings or engages in an action or criminal prosecution described in Subsection (a)(1).

(b)AAFor6-67 purposes(3)AASection of3929, thisTitle section,10, theDelaware termCode; "clawback provision" includes but is not limited to each of the following laws:

(1)AASection6-68 1798.303,(4)AASectionA2-1461.02, CaliforniaDistrict Civilof Columbia Code;

(2)AASection6-69 52-571m,(5)AASection Connecticut126/29-15, GeneralChapter 740, Illinois Compiled S.B.ANo.A7 7-1 Statutes;

(3)AASection7-2 3929,(6)AASection 9003, Title 10,14, DelawareMaine Code;Revised Statutes;

(4)AASectionA2-1461.02,7-3 District(7)AASectionA11I1/2, ofChapter Columbia12, Code;Massachusetts General 7-4 Laws;

(5)AASection7-5 126/29-15,(8)AASection Chapter604.415, 740,Minnesota Illinois Compiled Statutes;

(6)AASection7-6 9003,(9)AASectionA24-35-5, TitleNew 14,Mexico Maine Revised Statutes;

(7)AASectionA11I1/2,7-7 Chapter(10)AASectionA70-b, 12,New MassachusettsYork GeneralCivil Laws;Rights Law;

(8)AASection7-8 604.415,(11)AASectionA23-101-3, MinnesotaRhode Island Statutes;

(9)AASectionA24-35-5,7-9 New(12)AASection Mexico7302, Title 12, Vermont Statutes;

(10)AASectionA70-b,and New7-10 York(13)AASection Civil7.115.040, RightsWashington Law;Revised Code.

(11)AASectionA23-101-3,7-11 Rhode(c)AANotwithstanding Islandany Statutes;other law, and except as otherwise 7-12 required by federal law or the Texas Constitution, the law of this 7-13 state applies to:

(12)AASection7-14 7302,(1)AAthe Titleconduct 12,described Vermontin Statutes;Subsection (a);

and7-15 (13)AASection(2)AAany 7.115.040,claim Washingtonbrought Revisedagainst Code.a person for engaging in 7-16 conduct described in Subsection (a);

(c)7-17 AANotwithstanding(3)AAany anyclaim otherbrought law,under anda exceptclawback asprovision otherwise7-18 requiredagainst bya federalcitizen law or theresident Texas Constitution, the law of this stateState; applies to:

(1)AAtheand conduct7-19 described(4)AAany inclaim brought under Subsection (a);(g).

(2)AAany7-20 claim(d)AANotwithstanding broughtany againstother alaw, personin forany engagingaction inor S.B.ANo.A7criminal conduct7-21 prosecution described in Subsection (a);(a)(1), the court shall, upon 7-22 request, issue a temporary, preliminary, or permanent injunction 7-23 that restrains each of the defendants, their privities, and all 7-24 persons in active concert or participationAwith them, from:

(3)AAany7-25 claim(1)AAsuing broughtthe underplaintiffs aor clawbackprosecutors, provisiontheir against7-26 aprivities, citizenor any person providing legal representation or residentany type 7-27 of thisassistance State;to the plaintiffs or prosecutors, under any clawback 7-28 provision;

and7-29 (4)AAany(2)AAcontinuing claimto litigate any proceedings that have 7-30 been brought against one or more of the plaintiffs or prosecutors, 7-31 their privities, or any person providing legal representation or 7-32 any type of assistance to the plaintiffs or prosecutors, under Subsectionany (g).7-33 clawback provision.

(d)AANotwithstanding7-34 (e)AANotwithstanding any other law, a judgment entered in anyan 7-35 action or criminal prosecution described in Subsection (a)(1),(a)(1) shall 7-36 preclude the courtdefendants shall,and upontheir request,privities, issueunder athe temporary,doctrines preliminary,of 7-37 res judicata and collateral estoppel, from litigating or permanent7-38 injunctionrelitigating thatany restrainsclaim eachor ofissue under any clawback provision 7-39 against the defendants,plaintiffs or their privities,privities andthat allwas personsraised inor activethat concert7-40 could have been raised under the federal or participationAwithTexas them,rules from:of civil 7-41 procedure or criminal procedure as a claim, cross-claim, 7-42 counterclaim, set off, or affirmative defense.

(1)AAsuing7-43 the(f)AANotwithstanding plaintiffsany orother prosecutors,law, theirno privities,court orof anythis personstate providing7-44 legalmay representationenforce oran anyout-of-state typejudgment ofobtained assistanceunder toa theclawback plaintiffs7-45 provision unless federal law or prosecutors,the underTexas anyConstitution clawbackrequires provision;it 7-46 to do so.

(2)AAcontinuing7-47 to(g)AANotwithstanding litigate any proceedingsother thatlaw, haveif beenan action is brought 7-48 against onea person or morea ofjudgment theis plaintiffsentered oragainst prosecutors,a theirperson privities,under a 7-49 clawback provision based wholly or anypartly on the person providings legaldecision representation7-50 orto anyengage typein ofconduct assistancedescribed in Subsection (a), that person shall 7-51 be entitled to injunctive relief and shall recover damages from any 7-52 person who brought the plaintiffsaction or prosecutors,obtained underthe anyjudgment clawbackor provision.who has 7-53 sought to enforce the judgment.

(e)Notwithstanding AANotwithstanding any other law, a judgment entered in an action or criminal prosecution described in Subsection (a)(1) shall preclude the defendants7-54 andrelief theirmust privities,include: under the doctrines of res judicata and collateral estoppel, from litigating or relitigating any claim or issue under any clawback provision against the plaintiffs or their privities that was raised or that could have been raised under the federal or Texas rules of civil procedure or criminal procedure as a claim, cross-claim, counterclaim, set off, or affirmative defense.

S.B.ANo.A77-55 (f)AANotwithstanding(1)AAcompensatory anydamages othercreated law,by nothe courtaction ofor this7-56 statejudgment, mayincluding enforcemoney damages in an out-of-stateamount judgmentof obtainedthe underjudgment aand clawback7-57 provisioncosts, unlessexpenses, federaland lawreasonable orattorney thes Texasfees Constitutionspent requiresin itdefending to7-58 dothe so.action;

(g)AANotwithstanding7-59 any(2)AAcosts, otherexpenses, law,and ifreasonable anattorney’ action is brought against a person or a judgment is entered against a person under a clawback provision based wholly or partly on the person’ s decisionfees to7-60 engageincurred in conductbringing describedan in Subsection (a), that person shall be entitled to injunctive relief and shall recover damages from any person who brought the action orunder obtainedthis thesection; judgment or who has sought to enforce the judgment.

Notwithstanding7-61 any(3)AAadditional otherstatutory law,damages consisting of the relief7-62 mustgreater include:of:

(1)AAcompensatory7-63 damages(A) createdAAtwice by the action or judgment, including money damages in an amount of the judgmentsum andof costs,damages expenses,7-64 anddescribed reasonable attorney’ s fees spent in defendingSubsections the(g)(1) action;and (g)(2);

(2)AAcosts,or expenses,7-65 and(B) reasonableAA$100,000; attorney’ s fees incurred in bringing an action under this section;

(3)AAadditionaland statutory7-66 damages(4)AAinjunctive consistingrelief ofthat restrains the greaterperson of:or 7-67 persons who brought the clawback action, their privities, and all 7-68 persons in active concert or participationAwith them, from:

(A)AAtwice7-69 (A) AAsuing the amountperson ofor persons against whom the sumS.B.ANo.A7 8-1 clawback action was brought, their privities, or any person 8-2 providing legal representation or any type of damagesassistance describedto inthem Subsections8-3 (g)(1)under andany (g)(2);clawback provision;

or8-4 (B)AA$100,000;(B) AAcontinuing to litigate any clawback action 8-5 that has been brought against the persons described in Subsection 8-6 (g)(4)(A);

and (4)AAinjunctive8-7 relief(C)AAenforcing thator restrainsattempting theto personenforce orany persons8-8 whojudgment broughtobtained theunder a clawback action,provision theiragainst privities,the andpersons all8-9 personsdescribed in activeSubsection concert(g)(4)(A). or participationAwith them, from:

(A)AAsuing8-10 the(h)AANotwithstanding person or persons against whom the S.B.ANo.A7 clawback action was brought, their privities, or any personother providinglaw, legalit representationis ornot anya typedefense ofto assistancean to8-11 themaction brought under anySubsection clawback(g) provision;that:

(B)AAcontinuing8-12 (1)AAthe claimant failed to litigateseek anyrecovery clawbackunder action8-13 thatSubsection has(g) beenin an action brought against theit personsunder describeda inclawback Subsection8-14 (g)(4)(A);provision;

andor (C)AAenforcing8-15 or(2)AAa attemptingcourt in a previous action brought against the 8-16 claimant declined to recognize or enforce Subsection (g), or held 8-17 that any judgmentprovisions obtainedof underSubsection a(g) clawbackare provisioninvalid, against8-18 unconstitutional, or preempted by federal law, notwithstanding the persons8-19 describeddoctrines inof Subsectionissue (g)(4)(A).or claim preclusion.

(h)8-20 AANotwithstanding(i)AANotwithstanding any other law, itChapter is27, notCivil a8-21 defensePractice and Remedies Code, does not apply to an action brought 8-22 under Subsection (g)(g). that:

(1)AAthe8-23 claimant(j)AANotwithstanding failedany toother seeklaw, recoverythe underFifteenth SubsectionCourt (g)of in8-24 anAppeals shall have exclusive intermediate appellate jurisdiction 8-25 over any appeal or original proceeding arising out of a civil action 8-26 brought againstunder itSubsection under(g) ain clawbackthe provision;courts of this state.

or8-27 (2)AAaSUBCHAPTER courtE. in a previous action brought against the claimant declined to recognize or enforce Subsection (g), or held that any provisions of Subsection (g) are invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.

(i)AANotwithstandingENFORCEMENT anyOF otherABORTION law,LAWS Chapter8-28 27,Sec.A171A.251.AADEFINITION. Civil Practice and Remedies Code, does not apply to an action brought under Subsection (g).

(j)In AANotwithstandingthis anysubchapter, other"criminal law,8-29 theabortion Fifteenthlaw" Courtmeans of Appeals shall have exclusive intermediate appellate jurisdiction over any appeallaw orof originalthis proceedingstate arisingimposing outcriminal of8-30 apenalties civilon actionabortion, broughtincluding underChapter Subsection6-1/2, (g)Title in71, theRevised courts8-31 ofStatutes. this state.

SUBCHAPTER8-32 E.Sec.A171A.252.AAATTORNEY GENERAL ACTION FOR VIOLATION OF 8-33 CERTAIN ABORTION LAWS.

ENFORCEMENT(a) OFThe ABORTIONattorney LAWSgeneral S.B.ANo.A7has Sec.A171A.251.AADEFINITION.parens patriae 8-34 standing to bring an action under this section on behalf of unborn 8-35 children of residents of this state.

In8-36 this(b)AAThe subchapter,attorney "criminalgeneral abortionmay law"bring meansan anyaction lawfor damages or 8-37 injunctive relief on behalf of thisthe stateunborn imposingchildren criminalof penaltiesresidents onof abortion,8-38 includingthis Chapterstate 6-1/2,against Titlea 71,person Revisedwho Statutes.violates or intends to violate:

Sec.A171A.252.AAATTORNEY8-39 GENERAL(1)AAany ACTIONcriminal FORabortion VIOLATIONlaw OFof CERTAINthis ABORTIONstate LAWS.except for 8-40 Subchapter H, Chapter 171, or Subchapter B or C of this chapter;

(a)or The8-41 attorney(2)AAany generalcriminal haslaw parensof patriaethe standingUnited toStates bringthat angoverns action8-42 underthe thismailing, sectiondelivery, onshipment, behalfor oftransportation unborn children of residents8-43 ofabortion-inducing thisdrugs. state.

(b)AAThe8-44 (d)AANotwithstanding any other law, the attorney general may 8-45 not bring an action under this section against a woman for damagesaborting 8-46 or injunctiveattempting reliefto onabort behalfher ofunborn thechild, unbornor childrenfor ofusing, residentsobtaining, ofor this8-47 stateseeking againstto aobtain personabortion-inducing whodrugs violatesto abort or intendsattempt to violate:8-48 abort her unborn child.

(1)AAany8-49 criminalSUBCHAPTER abortionF. law of this state except for Subchapter H, Chapter 171, or Subchapter B or C of this chapter;

orIMMUNITY (2)AAanyAND criminalLIMITS lawON ofSTATE-COURT theJURISDICTION United8-50 StatesSec.A171A.301.AASOVEREIGN, thatGOVERNMENTAL, governsAND theOFFICIAL mailing,8-51 delivery,IMMUNITY. shipment, or transportation of abortion-inducing drugs.

(d)(a) AANotwithstandingNotwithstanding any other law, thethis attorneystate generalhas may8-52 notsovereign bringimmunity, a political subdivision of this state has 8-53 governmental immunity, and an actionofficer underor employee of this sectionstate againstor a woman8-54 forpolitical abortingsubdivision orof attemptingthis tostate aborthas herofficial unbornimmunity, child,as orwell for8-55 using,as obtaining,sovereign or seekinggovernmental toimmunity, obtainas abortion-inducingappropriate, drugsin toan abort8-56 action, claim, cross-claim, counterclaim, or attemptany toother aborttype herof unborn8-57 child.legal or equitable action that:

SUBCHAPTER8-58 F.(1)AAchallenges the validity of any provision or 8-59 application of this chapter, on constitutional grounds or 8-60 otherwise;

IMMUNITYor AND8-61 LIMITS(2)AAseeks ONto STATE-COURTprevent JURISDICTIONor Sec.enjoin this state, a political 8-62 subdivision of this state, or an officer, employee, or agent of this 8-63 state or a political subdivision of this state from:

A171A.301.AASOVEREIGN,8-64 GOVERNMENTAL,(A) ANDAAenforcing OFFICIALany IMMUNITY.provision or application of 8-65 this chapter;

(a) Notwithstanding any other law, this state has sovereign immunity, a political subdivision of this state has governmental immunity, and an officer or employee8-66 of(B)AAfiling, thishearing, stateadjudicating, or adocketing political8-67 subdivision of this state has official immunity, as well S.B.ANo.A7 as sovereign or governmental immunity, as appropriate), in an action,action claim,brought cross-claim,under counterclaim,Section or171A.151. any other type of legal or equitable action that:

(1)AAchallenges8-68 the(b)AAThe validitysovereign ofimmunity anydescribed provisionin or applicationconferred ofby this chapter,8-69 onsection includes the constitutional groundssovereign orimmunity otherwise;recognized S.B.ANo.A7 9-1 by the United States Supreme Court in Seminole Tribe of Florida v.

or9-2 (2)AAseeksFlorida to, prevent517 orU.S. enjoin this state, a political subdivision of this state, or an officer, employee, or agent of this state or a political subdivision of this state from:

(A)AAenforcing any provision or application of this chapter;

or (B)AAfiling, hearing, adjudicating, or docketing an action brought under Section 171A.151.

(b)AAThe sovereign immunity described in or conferred by this section includes the constitutional sovereign immunity recognized by the United States Supreme Court in Seminole Tribe of Florida v.

Florida, 517 U.S.

706 9-3 (1999), which applies in both state and federal court and may not be 9-4 abrogated by Congress or by a state or federal court except under 9-5 congressional legislation authorized by:

9-6 (1)AASection 5 of the Fourteenth Amendment, United 9-7 States Constitution;

9-8 (2)AAthe Bankruptcy Clause of Article I, United States 9-9 Constitution;

9-10 (3)AACongress’s powers to raise and support armies and 9-11 to provide and maintain a navy;

or 9-12 (4)AAany other congressional power that the United S.B.ANo.A79-13 States Supreme Court recognizes as a ground for abrogating a 9-14 state s sovereign immunity.

Sec.9-15 Sec.A171A.302.AAAPPLICABILITY OF IMMUNITY.

A171A.302.AAAPPLICABILITYNotwithstanding OF9-16 IMMUNITY.any other law, the immunities described in or conferred by Section 9-17 171A.301 apply in every court, both state and federal, and in every 9-18 type of adjudicative proceeding.

Notwithstanding9-19 anySec.A171A.303.AACONSTRUCTION otherOF law,CHAPTER theRELATED immunitiesTO describedASSERTED in9-20 orDEFENSE. conferred by Section 171A.301 apply in every court, both state and federal, and in every type of adjudicative proceeding.

Sec.A171A.303.AACONSTRUCTIONThis OFchapter CHAPTERmay RELATEDnot TObe ASSERTEDconstrued DEFENSE.to prevent a litigant 9-21 from asserting the invalidity or unconstitutionality of a provision 9-22 or application of this chapter as a defense to an action, claim, 9-23 cross-claim, or counterclaim brought against the litigant.

This9-24 chapterSec.A171A.304.AAWAIVER mayOF notIMMUNITY. be construed to prevent a litigant from asserting the invalidity or unconstitutionality of a provision or application of this chapter as a defense to an action, claim, cross-claim, or counterclaim brought against the litigant.

Sec.A171A.304.AAWAIVER(a) OFNotwithstanding IMMUNITY.9-25 any other law, a provision of the laws of this state may not be 9-26 construed to waive or abrogate an immunity described in or 9-27 conferred by Section 171A.301 unless it expressly waives or 9-28 abrogates immunity with specific reference to that section.

(a)9-29 Notwithstanding(b)AANotwithstanding any other law, an attorney representing 9-30 this state, a provisionpolitical subdivision of thethis lawsstate, or an officer or 9-31 employee of this state mayor nota bepolitical construedsubdivision toof waivethis orstate abrogatemay 9-32 not waive an immunity described in or conferred by Section 171A.301 unless9-33 itor expresslytake waivesan oraction abrogatesthat immunitywould withresult specificin referencea towaiver of that section.immunity.

(b)AANotwithstandingA any9-34 otherpurported law,waiver an attorney representing this state, a political subdivision of this state, or anaction officerdescribed orby employee of this statesubsection oris a9-35 politicalconsidered subdivisionvoid ofand this state may not waive an immunityultra describedvires inact. or conferred by Section 171A.301 or take an action that would result in a waiver of that immunity.

A9-36 purportedSec.A171A.305.AAJURISDICTION. waiver or action described by this subsection is considered void and an ultra vires act.

Sec.(a) Notwithstanding any other 9-37 law, including Chapter 37, Civil Practice and Remedies Code, a 9-38 court of this state does not have jurisdiction to consider and may 9-39 not award relief under any action, claim, cross-claim, or 9-40 counterclaim that:

A171A.305.AAJURISDICTION.9-41 (1)AAseeks declaratory or injunctive relief, or any 9-42 type of writ, including a writ of prohibition, that would pronounce 9-43 any provision or application of this chapter invalid or 9-44 unconstitutional;

(a)or Notwithstanding9-45 any(2)AAwould otherrestrain law,this includingstate, Chaptera 37,political Civilsubdivision Practice9-46 and Remedies Code, a court of this statestate, doesan notofficer, haveemployee, jurisdictionor toagent considerof andthis maystate notor awarda relief9-47 underpolitical anysubdivision action,of claim,this cross-claim,state, or S.B.ANo.A7any counterclaimperson that:from:

(1)AAseeks9-48 declaratory(A) orAAenforcing injunctive relief, or any type of writ, including a writ of prohibition, that would pronounce any provision or application of 9-49 this chapterchapter; invalid or unconstitutional;

or (2)AAwould9-50 restrain(B)AAfiling, thishearing, state,adjudicating, aor politicaldocketing subdivision9-51 of this state, an officer,action employee,brought orunder agentSection of171A.151. this state or a political subdivision of this state, or any person from:

(A)AAenforcing9-52 (b)AANotwithstanding any provisionother law, the Fifteenth Court of 9-53 Appeals shall have exclusive intermediate appellate jurisdiction 9-54 over any appeal or applicationoriginal proceeding arising out of thisa chapter;civil action 9-55 that seeks the relief described in Subsection (a).

or9-56 (B)AAfiling,SECTIONA3.AASection hearing,27.010(a), adjudicating,Civil orPractice docketingand anRemedies action9-57 broughtCode, underis Sectionamended 171A.151.to read as follows:

(b)AANotwithstanding9-58 any(a)AAThis otherchapter law,does thenot Fifteenthapply Courtto: of Appeals shall have exclusive intermediate appellate jurisdiction over any appeal or original proceeding arising out of a civil action that seeks the relief described in Subsection (a).

SECTIONA3.AASection9-59 27.010(a),(1)AAan Civilenforcement Practiceaction andthat Remediesis Code,brought isin amendedthe toname read9-60 asof follows:this state or a political subdivision of this state by the 9-61 attorney general, a district attorney, a criminal district 9-62 attorney, or a county attorney;

(a)AAThis9-63 chapter(2)AAa doeslegal notaction applybrought to:against a person primarily 9-64 engaged in the business of selling or leasing goods or services, if 9-65 the statement or conduct arises out of the sale or lease of goods, 9-66 services, or an insurance product, insurance services, or a 9-67 commercial transaction in which the intended audience is an actual 9-68 or potential buyer or customer;

(1)AAan9-69 enforcement(3)AAa legal action thatseeking isrecovery broughtfor inbodily theinjury, nameS.B.ANo.A7 of10-1 thiswrongful statedeath, or asurvival politicalor subdivisionto ofstatements thismade stateregarding bythat the10-2 attorneylegal general,action; a district attorney, a criminal district attorney, or a county attorney;

(2)AAa10-3 (4)AAa legal action brought againstunder a person primarily engaged in the businessInsurance ofCode selling or leasing10-4 goodsarising or services, if the statement or conduct arises out of the sale or lease of goods, services, or an insurance product,contract; insurance services, or a S.B.ANo.A7 commercial transaction in which the intended audience is an actual or potential buyer or customer;

(3)AAa10-5 (5)AAa legal action seekingarising recoveryfrom foran bodilyofficer-director, injury,10-6 wrongfulemployee-employer, death, or survivalindependent orcontractor torelationship statementsthat: made regarding that legal action;

(4)AAa10-7 legal(A) actionAAseeks broughtrecovery underfor themisappropriation Insuranceof Codetrade or10-8 arisingsecrets outor ofcorporate anopportunities; insurance contract;

(5)AAaor legal10-9 action(B) arisingAAseeks fromto anenforce officer-director,a employee-employer,non-disparagement 10-10 agreement or independenta contractorcovenant relationshipnot that:to compete;

(A)AAseeks10-11 recovery(6)AAa forlegal misappropriationaction offiled tradeunder secretsTitle 1, 2, 4, or corporate5, opportunities;10-12 Family Code, or an application for a protective order under 10-13 Subchapter A, Chapter 7B, Code of Criminal Procedure;

or10-14 (B)AAseeks(7)AAa tolegal enforceaction abrought non-disparagementunder agreementChapter or17, aBusiness covenant10-15 not& toCommerce compete;Code, other than an action governed by Section 17.49(a) 10-16 of that chapter;

(6)AAa10-17 (8)AAa legal action filedin underwhich Titlea 1,moving 2,party 4,raises ora 5,10-18 Familydefense pursuant to Section 160.010, Occupations Code, orSection an10-19 application161.033, forHealth aand protectiveSafety orderCode, underor Subchapterthe A,Health ChapterCare 7B,Quality Code10-20 Improvement Act of Criminal1986 Procedure;(42 U.S.C.

(7)AAa legal action brought under Chapter 17, Business & Commerce Code, other than an action governed by Section 17.49(a) of that chapter;

(8)AAa legal action in which a moving party raises a defense pursuant to Section 160.010, Occupations Code, Section 161.033, Health and Safety Code, or the Health Care Quality Improvement Act of 1986 (42 U.S.C.

10-21 (9)AAan eviction suit brought under Chapter 24, 10-22 Property Code;

10-23 (10)AAa disciplinary action or disciplinary proceeding 10-24 brought under Chapter 81, Government Code, or the Texas Rules of S.B.ANo.A710-25 Disciplinary Procedure;

10-26 (11)AAa legal action brought under Chapter 554, 10-27 Government Code;

10-28 (12)AAa legal action based on a common law fraud claim;

10-29 [or] 10-30 (13)AAa legal malpractice claim brought by a client or 10-31 former client;

10-32 (14)AAan action brought under Chapter 170, 170A, 171, 10-33 or 171A, Health and Safety Code, or a petition for the taking of a 10-34 deposition under Rule 202, Texas Rules of Civil Procedure, to 10-35 investigate a potential claim or in anticipation of an action under 10-36 those chapters;

or 10-37 (15)AAan action brought under Section 30.022, Civil 10-38 Practice and Remedies Code.

10-39 SECTIONA4.AAChapter 110, Civil Practice and Remedies Code, 10-40 is amended by adding Section 110.013 to read as follows:

Sec.10-41 Sec.A110.013.AALAWS REGULATING OR RESTRICTING ABORTION NOT 10-42 AFFECTED.

A110.013.AALAWSNothing REGULATINGin ORthis RESTRICTINGchapter ABORTIONmay NOTbe AFFECTED.construed to limit the 10-43 scope or enforcement of Chapter 170, 170A, 171, or 171A, Health and 10-44 Safety Code, or Chapter 6-1/2, Title 71, Revised Statutes, or any 10-45 other law that regulates or restricts abortion or that withholds 10-46 taxpayer funds from entities that perform or promote abortions.

Nothing10-47 inSECTIONA5.AASubchapter thisH, chapter may be construed to limit the scope or enforcement of Chapter 170, 170A, 171, or 171A, Health and Safety 10-48 Code, oris Chapteramended 6-1/2,by Titleadding 71,Section Revised171.2105 Statutes,to orread anyas otherfollows: law that regulates or restricts abortion or that withholds taxpayer funds from entities that perform or promote abortions.

SECTIONA5.AASubchapter10-49 H,Sec.A171.2105.AAJURISDICTION. Chapter 171, Health and Safety Code, is amended by adding Section 171.2105 to read as follows:

Sec.Notwithstanding any other 10-50 law, including Chapter 37, Civil Practice and Remedies Code, a 10-51 court of this state does not have jurisdiction to consider and may 10-52 not award relief under any action, claim, cross-claim, or 10-53 counterclaim that seeks declaratory or injunctive relief, or any 10-54 type of writ, including a writ of prohibition, that would pronounce 10-55 any provision or application of this subchapter invalid or 10-56 unconstitutional.

A171.2105.AAJURISDICTION.10-57 SECTIONA6.AASection 30.022, Civil Practice and Remedies 10-58 Code, is amended to read as follows:

Notwithstanding10-59 anySec.A30.022.AAAWARD otherOF law,ATTORNEY’S includingFEES ChapterIN 37,ACTIONS Civil10-60 PracticeCHALLENGING andABORTION RemediesLAWS. Code, a court of this state does not have jurisdiction to consider and may S.B.ANo.A7 not award relief under any action, claim, cross-claim, or counterclaim that seeks declaratory or injunctive relief, or any type of writ, including a writ of prohibition, that would pronounce any provision or application of this subchapter invalid or unconstitutional.

SECTIONA6.AASection(a)AANotwithstanding 30.022,any Civilother Practicelaw, andany Remedies10-61 Code,person, including an entity, attorney, or law firm, who seeks 10-62 declaratory or injunctive relief to prevent this state, a political 10-63 subdivision, any governmental entity or public official in this 10-64 state, or any person [in this state] from enforcing or bringing an 10-65 action to enforce any statute, ordinance, rule, regulation, or any 10-66 other type of law that regulates or restricts abortion or that 10-67 limits taxpayer funding for individuals or entities that perform or 10-68 promote abortions, in any state or federal court, or that 10-69 represents any litigant seeking such relief in any state or federal S.B.ANo.A7 11-1 court, is amendedjointly and severally liable to readpay asthe follows:costs and 11-2 reasonable attorney ’s fees of the prevailing party, including the 11-3 costs and reasonable attorney’ s fees that the prevailing party 11-4 incurs in the party’s efforts to recover costs and fees.

Sec.A30.022.AAAWARD11-5 OF(b)AAFor ATTORNEY’Spurposes FEESof INthis ACTIONSsection, CHALLENGINGa ABORTIONparty LAWS.is considered a 11-6 prevailing party if [a state or federal court]:

(a)AANotwithstanding11-7 any(1)AAa other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, any governmental entity or public official in this state, or any person in this state from enforcing or bringingfederal ancourt actiondismisses to enforce any statute,claim ordinance, rule, regulation, or any11-8 othercause type of lawaction thatbrought regulatesagainst orthe restrictsparty abortionby ora thatlitigant limits taxpayer funding for individuals or entities that performseeks or11-9 promotethe abortions,declaratory in any state or federalinjunctive court, or that represents any litigant seeking such relief indescribed anyby stateSubsection or(a), federal11-10 court,regardless is jointly and severally liable to pay the costs and reasonable attorney’ s fees of the prevailingreason party,for including the costsdismissal; and reasonable attorney s fees that the prevailing party incurs in the party’s efforts to recover costs and fees.

(b)[or] AAFor11-11 purposes(2)AAa ofstate thisor section,federal acourt partyenters isjudgment consideredin athe prevailing11-12 party ifs afavor stateon any such claim or federalcause court:of action;

(1)AAaor state11-13 or(3)AAthe federallitigant courtthat dismissesseeks anythe claimdeclaratory or cause11-14 ofinjunctive actionrelief broughtdescribed by Subsection (a) voluntarily 11-15 dismisses or nonsuits its claims against the party byunder aRule litigant41, that11-16 seeksFederal theRules declaratoryof orCivil injunctiveProcedure, reliefRule described162, byTexas SubsectionRules (a),of S.B.ANo.A7Civil regardless11-17 ofProcedure, theor reasonany forother theprocedural dismissal;rule.

or11-18 (2)AAa(c)AAA stateprevailing orparty federalmay courtrecover enterscosts judgmentand inreasonable 11-19 attorney’s fees under this section only to the partyextent those costs 11-20 and attorney s favorfees onwere anyincurred suchwhile claimdefending claims or causecauses 11-21 of action;action on which the party prevailed, or while attempting to 11-22 recover those costs and attorney’s fees.

or11-23 (3)AAthe(d)[(c)]AARegardless litigantof thatwhether seeksa theprevailing declaratoryparty orsought injunctiveto relief11-24 describedrecover bycosts Subsectionor (a)attorney voluntarilys dismissesfees orin nonsuitsthe itsunderlying claimsaction, againsta the11-25 prevailing party under Rulethis 41,section Federalmay Rulesbring ofa Civilcivil Procedure,action Ruleto 162,11-26 Texasrecover Rulescosts ofand Civilattorney’ Procedure,s fees against a person, including an 11-27 entity, attorney, or anylaw otherfirm, proceduralthat rule.sought declaratory or 11-28 injunctive relief described by Subsection (a) not later than the 11-29 third anniversary of the date on which, as applicable:

(c)11-30 AAA(1)AAthe prevailingdismissal partyor mayjudgment recoverdescribed costsby andSubsection reasonable11-31 attorney(b) sbecomes feesfinal underon this section only to the extentconclusion those costs and attorney s fees were incurred while defending claims or causes of actionappellate onreview; which the party prevailed, or while attempting to recover those costs and attorney’s fees.

(cd)AARegardless of whether a prevailing party sought to recover costs or attorney’s11-32 fees(2)AAthe intime thefor underlyingseeking action,appellate areview prevailingexpires. party under this section may bring a civil action to recover costs and attorney s fees against a person, including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by Subsection (a) not later than the third anniversary of the date on which, as applicable:

(1)AAthe11-33 dismissal(e)[(d)]AANotwithstanding orany judgmentother describedlaw, byit[It] Subsectionis (b)not becomesa final11-34 ondefense theto conclusionan ofaction appellatebrought review;under Subsection (c) that:

or11-35 (2)AAthe(1)AAa timeprevailing forparty seekingunder appellatethis reviewsection expires.failed to 11-36 seek recovery of costs or attorney’s fees in the underlying action;

(de)11-37 AANotwithstanding(2)AAthe anycourt otherin law,the iItunderlying isaction notdeclined ato defense11-38 torecognize anor actionenforce broughtthe underrequirements Subsectionof (c)this that:section;

(1)AAaor prevailing11-39 party(3)AAthe undercourt thisin sectionthe failedunderlying toaction seekheld recoverythat any 11-40 provisions of coststhis section are invalid, unconstitutional, or attorney’s11-41 feespreempted inby federal law, notwithstanding the underlyingdoctrines action;of issue or 11-42 claim preclusion.

S.B.ANo.A711-43 (2)AAthe(f)AANotwithstanding courtany inother thelaw, underlyingincluding actionChapter declined15, to11-44 recognizeCivil orPractice enforceand theRemedies requirementsCode, ofa thiscivil section;action brought under 11-45 Subsection (d) may be brought in:

or11-46 (3)AAthe(1)AAthe courtcounty in thewhich underlyingall actionor helda thatsubstantial anypart provisions of this11-47 sectionthe areevents invalid, unconstitutional, or preemptedomissions bygiving federalrise law,to notwithstanding the doctrines of issue or claim preclusion.occurred;

(f)AANotwithstanding11-48 any(2)AAthe othercounty law,of includingresidence Chapterof 15,a Civildefendant Practiceat andthe Remediestime Code,11-49 athe civilcause of action broughtaccrued, underif Subsectionthe (d)defendant mayis bean broughtindividual; in:

(1)AAthe11-50 (3)AAthe county inof whichthe allprincipal oroffice ain substantialthis partstate of the11-51 eventsa ordefendant omissionsthat givingis risenot toan theindividual; claim occurred;

(2)AAtheor 11-52 (4)AAthe county of residence of athe defendantclaimant, atif the time11-53 theclaimant causeis ofan actionindividual accrued,residing ifin thethis defendantstate. is an individual;

(3)AAthe11-54 county(g)AAIf ofa thecivil principalaction officeunder inSubsection this(d) stateis ofbrought in a defendant11-55 thatvenue isdescribed by Subsection (f), the action may not anbe individual;11-56 transferred to a different venue without the written consent of all 11-57 parties.

or11-58 (4)AAthe(h)AANotwithstanding countyany ofother residencelaw, ofany thecontractual claimant,11-59 ifchoice-of-forum theprovision claimantthat ispurports anto individualrequire residinga civil action 11-60 under Subsection (d) be litigated in another forum is void based on 11-61 this state.state’ s public policy and is not enforceable in any state or 11-62 federal court.

(g)11-63 AAIf(i)AANotwithstanding aany civilother actionlaw, underChapter Subsection27, (d)Civil is11-64 broughtPractice inand aRemedies venueCode, describeddoes by Subsection (f), the action may not beapply transferred to aan differentaction venuebrought without11-65 theunder writtenSubsection consent(d). of all parties.

(h)AANotwithstanding11-66 (j)AANotwithstanding any other law, anythe contractualFifteenth choice-of-forumCourt provisionof that11-67 purportsAppeals toshall requirehave aexclusive civilintermediate actionappellate underjurisdiction Subsection11-68 (d)over beany litigatedappeal inor anotheroriginal forumproceeding isarising voidout basedof ona thiscivil stateaction s11-69 publicbrought policyunder andSubsection is(d) not enforceable in anythe statecourts orof federalthis court.state.

(i)S.B.ANo.A7 AANotwithstanding12-1 anySECTIONA7.AAChapter other171A, law,Health Chapterand 27,Safety CivilCode, S.B.ANo.A7as Practiceadded andby Remedies12-2 Code,this doesAct, notapplies applyonly to ana cause of action broughtthat underaccrues Subsectionon (d).or after 12-3 the effective date of this Act.

(j)12-4 AANotwithstandingSECTIONA8.AAIt anyis otherthe law,intent of the Fifteenthlegislature Courtthat ofevery Appeals12-5 shallprovision, havesection, exclusivesubsection, intermediatesentence, appellateclause, jurisdictionphrase, overor anyword appeal12-6 orin originalthis proceedingAct, arisingand outevery application of athe civilprovisions actionin broughtthis underAct Subsectionto (d)12-7 inevery theperson, courtsgroup of thispersons, state.or circumstances, is severable from 12-8 each other.

SECTIONA7.AAChapterIf 171A,any Healthapplication andof Safetyany Code,provision asin addedthis byAct thisto Act,any applies12-9 onlyperson, togroup of persons, or circumstances is found by a causecourt ofto actionbe that12-10 accruesinvalid onfor orany afterreason, the effectiveremaining dateapplications of thisthat Act.12-11 provision to all other persons and circumstances shall be severed 12-12 and may not be affected.

SECTION12-13 A8.AAItSECTIONA9.AAThis 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 totakes everyeffect person,September group1, of2025. persons, or circumstances, is severable from each other.

If12-14 any* application* of* any* provision* in12 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 A9.AAThis Act takes effect September 1, 2025.

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