HB82 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.

↓Restricts abortion access model confidence 90%

Prohibits manufacture, distribution, mailing, transport, delivery, prescription or provision of abortion-inducing drugs in or to the state (with narrow exceptions), so less access to medication abortion.

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.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 90%

Prohibits manufacture, distribution, mailing, transport, delivery, prescription or provision of abortion-inducing drugs in or to the state (with narrow exceptions), so less access to medication abortion.

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.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 85%

Imposes civil liability for wrongful death or personal injury of an 'unborn child' from use of an abortion-inducing drug and allows the mother or father to sue for the unborn child's wrongful death, so expands legal recognition of the unborn as a rights-bearing person.

a person who manufactures, distributes, mails, prescribes, or provides an abortion-inducing drug, or who engages in any conduct prohibited by Section 171A.051 is strictly, absolutely, and jointly and severally liable for: (1) the wrongful death of an unborn child or pregnant woman from the use of the abortion-inducing drug; and (2) personal injury of an unborn child or pregnant woman from the use of the abortion-inducing drug.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 80%

Authorizes private civil actions and qui tam suits imposing strict liability, statutory damages, injunctive relief, and attorney's fees against those who distribute abortion-inducing drugs or facilitate abortion, creating new civil enforcement mechanisms that deter providers.

a person who manufactures, distributes, mails, prescribes, or provides an abortion-inducing drug, or who engages in any conduct prohibited by Section 171A.051 is strictly, absolutely, and jointly and severally liable for: (1) the wrongful death of an unborn child or pregnant woman from the use of the abortion-inducing drug; and (2) personal injury of an unborn child or pregnant woman from the use of the abortion-inducing drug.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 75%

Applies Texas law to use of abortion-inducing drugs by a Texas resident regardless of where the use occurs, voids choice-of-law or choice-of-forum provisions favoring other jurisdictions, and bars reliance on out-of-state or interstate abortion shield laws as a defense, so reduces interstate travel/

the law of this state applies to the use of an abortion-inducing drug by a resident of this state, regardless of where the use of the drug occurs, and to an action brought under Section 171A.101 to the maximum extent permitted by the Texas Constitution and federal law, including the United States Constitution.

✓ Quote verified word for word in the bill text

↓Restricts abortion access model confidence 80%

Creates private civil right of action and qui tam enforcement for violations involving abortion-inducing drugs, with long statute of limitations, no class actions, market-share liability, waived defenses, and protections against counter-suits, expanding civil liability for facilitating abortion.

Notwithstanding any other law and except as provided by this subchapter, a person who manufactures, distributes, mails, prescribes, or provides an abortion-inducing drug, or who engages in any conduct prohibited by Section 171A.051 is strictly, absolutely, and jointly and severally liable for: (1) the wrongful death of an unborn child or pregnant woman from the use of the abortion-inducing drug; and (2) personal injury of an unborn child or pregnant woman from the use of the abortion-inducing drug.

✓ Quote verified word for word in the bill text