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Texas · 89th Legislature Regular Session
HB5422Relating to civil liability for a violation of or for aiding or abetting a violation of fetal heartbeat abortion laws.
Direction
Abortionprovider clinic regulationAI label
↑Expands abortion accessmodel confidence 80%
Amends the civil enforcement mechanism for Texas's fetal heartbeat abortion ban by narrowing who can be sued for aiding or abetting, raising the proof standard to clear and convincing evidence with specific intent, shortening the statute of limitations, adding defenses, and protecting certain speech
Conduct subject to liability under Subsection (a)(2) or (a)(3) is limited to conduct intended to facilitate a violation of this subchapter. General speech, counseling, emotional support, or nonfinancial assistance is not considered aiding or abetting under this section.
✓ Quote verified word for word in the bill text
AbortionexceptionsAI label
↑Expands abortion accessmodel confidence 80%
Adds an exception barring civil actions under the fetal heartbeat law against those who aid or abet an abortion for a survivor of rape, sexual assault, or incest, and bars suits by the perpetrator.
Notwithstanding any other law, a civil action under this section may not be brought: (1) by a person who impregnated the abortion patient through an act of rape, sexual assault, incest, or any other act prohibited by Sections 22.011, 22.021, or 25.02, Penal Code; or (2) against an individual who provided support, assistance, or counseling to a survivor of an act described by Subdivision (1) in connection with an abortion.
✓ Quote verified word for word in the bill text
Abortionpersonhood ivfAI label
=No change to abortion accessmodel confidence 70%
Amends enforcement of the existing fetal heartbeat law (which already treats the fetus as having a detectable heartbeat), but does not newly define personhood, grant legal rights to the unborn, or address IVF.
relating to civil liability for a violation of or for aiding or abetting a violation of fetal heartbeat abortion laws.
Why the model tagged it this way: The bill amends Texas Health & Safety Code §171.208, the civil-liability enforcement provision of the state's existing fetal-heartbeat abortion ban. It narrows aiding-and-abetting liability (requiring specific intent and clear-and-convincing evidence, excluding general speech/counseling/emotional support), shortens the statute of limitations from four to two years, adds defenses based on reasonable investigation or physician assurance, protects First-Amendment speech and information about legal abortion services, and creates exceptions for rape/incest survivors and those assisting them. These,
Related bills
HB948Relating to the repeal of certain laws regulating abortion and the construction of abortion statutes.↑Expands abortion access↑Expands abortion access Filed
HB987Relating to the regulation of abortion, including abortion complication reporting and the repeal of certain laws prohibiting abortion.↑Expands abortion access↑Expands abortion access Filed
SB152Relating to the regulation of limited service pregnancy resource centers; creating a criminal offense; providing a civil penalty.↓Restricts abortion access↓Restricts abortion access Filed
HB438Relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.↓Restricts abortion access↓Restricts abortion access Filed