Bill Text: TX HB4526 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to civil liability for performing certain abortions; providing civil penalties.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2019-05-02 - Committee report sent to Calendars [HB4526 Detail]
Download: Texas-2019-HB4526-Comm_Sub.html
86R16549 LED-D | ||
By: Swanson, et al. | H.B. No. 4526 |
|
||
|
||
relating to civil liability for performing certain abortions; | ||
providing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 71.002, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (f) to read as follows: | ||
(f) A person is liable for damages arising from a violation | ||
of Section 170.002(a), 171.043, 171.044, 171.102, or 171.152, | ||
Health and Safety Code. | ||
SECTION 2. Section 71.004(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) The surviving spouse, children, and parents of the | ||
deceased may bring the action or one or more of those individuals | ||
may bring the action for the benefit of all. A next friend may bring | ||
an action for damages under Section 71.002(f). | ||
SECTION 3. Chapter 170, Health and Safety Code, is amended | ||
by adding Section 170.003 to read as follows: | ||
Sec. 170.003. CIVIL PENALTY. (a) A person who violates | ||
Section 170.002(a) is liable to this state for a civil penalty of | ||
$30,000 for each violation. | ||
(b) The attorney general may sue to collect the penalty. | ||
(c) The attorney general shall file an action under this | ||
section in a district court in Travis County or the county in which | ||
the violation occurred. | ||
(d) The attorney general may recover reasonable expenses | ||
incurred in obtaining a civil penalty under this section, including | ||
court costs, attorney's fees, investigative costs, witness fees, | ||
and deposition expenses. | ||
SECTION 4. Subchapter C, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.049 to read as follows: | ||
Sec. 171.049. CIVIL PENALTY. (a) A person who violates | ||
Section 171.043 or 171.044 is liable to this state for a civil | ||
penalty of $30,000 for each violation. | ||
(b) The attorney general may sue to collect the penalty. | ||
(c) The attorney general shall file an action under this | ||
section in a district court in Travis County or the county in which | ||
the violation occurred. | ||
(d) The attorney general may recover reasonable expenses | ||
incurred in obtaining a civil penalty under this section, including | ||
court costs, attorney's fees, investigative costs, witness fees, | ||
and deposition expenses. | ||
SECTION 5. Subchapter F, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.1045 to read as follows: | ||
Sec. 171.1045. CIVIL PENALTY. (a) A person who violates | ||
Section 171.102 is liable to this state for a civil penalty of | ||
$30,000 for each violation. | ||
(b) The attorney general may sue to collect the penalty. | ||
(c) The attorney general shall file an action under this | ||
section in a district court in Travis County or the county in which | ||
the violation occurred. | ||
(d) The attorney general may recover reasonable expenses | ||
incurred in obtaining a civil penalty under this section, including | ||
court costs, attorney's fees, investigative costs, witness fees, | ||
and deposition expenses. | ||
SECTION 6. Subchapter G, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.1535 to read as follows: | ||
Sec. 171.1535. CIVIL PENALTY. (a) A person who violates | ||
Section 171.152 is liable to this state for a civil penalty of | ||
$30,000 for each violation. | ||
(b) The attorney general may sue to collect the penalty. | ||
(c) The attorney general shall file an action under this | ||
section in a district court in Travis County or the county in which | ||
the violation occurred. | ||
(d) The attorney general may recover reasonable expenses | ||
incurred in obtaining a civil penalty under this section, including | ||
court costs, attorney's fees, investigative costs, witness fees, | ||
and deposition expenses. | ||
SECTION 7. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law applicable to the cause of action | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
SECTION 8. The change in law made by this Act applies only | ||
to an abortion performed on or after the effective date of this Act. | ||
An abortion performed before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 9. This Act takes effect September 1, 2019. |