Vote Smart's Synopsis:

Vote to pass a bill that prohibits the manufacture, distribution, mailing, transporting, delivery, and prescribing of abortion-inducing pills for the purpose of obtaining an illegal abortion in Texas.

Highlights:

• Prohibits the manufacture, distribution, mailing, transport, delivery, prescription, providing, or possession of an abortion-inducing drug in Texas (Sec. 2).

• Specifies that this chapter does not impose liability on the speech or conduct of an internet service provider, a search engine, or a cloud service provider (Sec. 2).

• Specifies that this chapter does not impose liability on any action to manufacture, distribute, mail, transport, deliver, prescribe, provide, or possess an abortion-inducing drug solely for any of the following purposes (Sec. 2):

• Treating a medical emergency;

• Removing an ectopic pregnancy;

• Removing a fetus who died by spontaneous abortion; or

• A purpose that does not include performing, inducing, attempting, or assisting an abortion.

• Authorizes individuals to bring a qui tam action (legal action by a citizen on behalf of the government) against a person who violates the prohibition of this chapter (Sec. 2).

• Specifies that a qui tam action may not be brought under this chapter in the following cases (Sec. 2):

• Against a woman for using, obtaining, or seeking to obtain abortion-inducing drugs;

• Against a person that acted under the direction of a federal agency, contractor, or employee who is carrying out duties under federal law;

• Against a common carrier that unknowingly transports a pregnant individual to an abortion provider;

• By any person who impregnated a woman through sexual assault; or

• Against a physician, hospital, healthcare provider, pharmacy, pharmaceutical manufacturer/distributor, or common carrier that took reasonable precaution not to violate the prohibition under this Section.

• Specifies that the following do not qualify as a legal defense of a violation of this chapter (Sec. 2):

• A defendant’s belief that the provisions of this chapter are unconstitutional;

• A court decision that has been or is to be vacated, reversed, or overruled on appeal;

• A state or federal court decision that is not binding on the court in which the action is brought;

• A federal statute, agency rule or action, or treaty that has been or is to be repealed, superseded, or declared invalid or unconstitutional;

• The laws of another state or jurisdiction;

• Sovereign, governmental, or official immunity; or

• A claim that this chapter violates the constitutional or federally protected rights of third parties.

• Establishes a statute of limitations for violations of this chapter of six years after the date of the cause of action (Sec. 2).

• Requires a court to award a relator of a qui tam action under this chapter with the following (Sec. 2):

• Injunctive relief to prevent the defendant from violating the prohibitions of this chapter;

• Statutory damages of at least $100,000 for each violation; and

• Costs and attorney’s fees.

• Prohibits the state, a political subdivision of the state, or an officer or employee of the state from involving itself in any qui tam action brought on by a relator under this chapter (Sec. 2).

• Defines “clawback provision” as any law of another state that authorizes lawsuits against a person for restricting or criminalizing abortion (Sec. 2).

• Requires a court to issue a temporary, preliminary, or permanent injunction that restrains each defendant and other individuals involved with them from any lawsuit brought under a clawback provision of another state (Sec. 2).

• Prohibits any court in Texas from enforcing an out-of-state judgment obtained under a clawback provision (Sec. 2).

• Authorizes the attorney general to bring action for damages or injunctive relief on behalf of an unborn child in the case of a violation of abortion law (Sec. 2).

• Specifies that this Act takes effect September 1, 2025 (Sec. 9).

Full Bill Text