Amendment
Passed on 9/17/25
This bill, known as the Woman and Child Protection Act, aims to significantly restrict access to abortion and abortion-inducing drugs in Texas. It establishes a private enforcement mechanism through qui tam actions, prohibits certain abortion-related activities, and creates civil liability for those who violate its provisions. The bill also seeks to protect Texas residents from out-of-state legal actions related to abortions performed in Texas. Key objectives include limiting the availability of abortion-inducing drugs, creating a robust civil enforcement system, and shielding Texas healthcare providers and individuals from external legal consequences related to abortions.
The bill creates a private right of action (qui tam) for individuals to sue those who violate prohibitions on abortion-inducing drugs [§171A.101]. It prohibits manufacturing, distributing, mailing, transporting, delivering, prescribing, providing, or possessing abortion-inducing drugs except in specific medical emergencies [§171A.051]. The bill voids out-of-state judgments related to aiding or abetting abortions and provides relief for persons against whom such judgments are obtained [§171A]. It establishes venue requirements for qui tam actions and prohibits class actions [§171A.102]. The bill also creates affirmative defenses for defendants who did not knowingly violate the law [§171A.103]. Implementation is set to begin on the 91st day after the last day of the legislative session.
The bill relies primarily on private enforcement through qui tam actions, with no direct enforcement by state or local government entities [§171A.052]. It does not specify responsible agencies for implementation. Compliance measures include requirements for defendants to take reasonable precautions to prevent violations [§171A.051]. The bill establishes statutory damages of at least $10,000 per violation [§171A.105] and allows for injunctive relief [§171A.105]. It also provides for compensatory damages, costs, and attorney's fees for persons subjected to out-of-state judgments related to abortions [§171A].
The bill directly impacts healthcare providers, pharmacies, and individuals involved in abortion-related activities in Texas. It creates significant legal risks for those providing or assisting with abortions or abortion-inducing drugs. The bill is likely to reduce access to abortion services and abortion-inducing drugs in Texas. It may also deter out-of-state legal actions against Texas residents related to abortions. The administrative burden on the court system may increase due to the creation of a new category of civil actions. The bill does not include specific cost estimates or sunset provisions.
The bill operates within the framework of Texas state law, amending the Health and Safety Code and Civil Practice and Remedies Code. It explicitly states that Texas law shall apply to actions brought under its provisions, unless compelled otherwise by the Texas Constitution or federal law [§171A.106]. The bill attempts to preempt the application of other states' laws in Texas courts for abortion-related actions [§171A.106]. It does not explicitly address its constitutional basis or provide for judicial review, though it includes a severability clause to preserve valid portions if parts are invalidated [§171A.106].
The bill raises significant constitutional concerns, particularly regarding the right to abortion established by Roe v. Wade and reaffirmed in subsequent cases. The private enforcement mechanism may face legal challenges as an attempt to circumvent constitutional protections. The bill's attempt to void out-of-state judgments may raise issues of full faith and credit under the U.S. Constitution. Implementation challenges may arise from the reliance on private enforcement and the potential for frivolous lawsuits. The bill could have far-reaching consequences for healthcare providers and may lead to a chilling effect on abortion services. Opposition arguments are likely to focus on the bill's impact on women's reproductive rights and healthcare access.