Bill Text: TX HB3738 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the validity and enforcement of laws restricting or regulating abortion.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to State Affairs [HB3738 Detail]
Download: Texas-2023-HB3738-Introduced.html
| By: Cain | H.B. No. 3738 | |
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| relating to the validity and enforcement of laws restricting or | ||
| regulating abortion. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 110, Civil Practice and Remedies Code, | ||
| is amended by adding Section 110.013 to read as follows: | ||
| Sec. 110.013. LAWS REGULATING OR RESTRICTING ABORTION NOT | ||
| AFFECTED. Notwithstanding any other law, nothing in this chapter | ||
| may be construed to limit in any way the validity or enforcement of | ||
| any law regulating or restricting abortion or any law that | ||
| withholds taxpayer funds from entities that perform or promote | ||
| abortions. | ||
| SECTION 2. Section 110.005(c), Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| (c) An action under this section must be brought in a state | ||
| or federal district court. | ||
| SECTION 3. Section 110.008, Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| Sec. 110.008. SOVEREIGN IMMUNITY WAIVED. (a) Subject to | ||
| Section 110.006 and except as provided by Subsection (b), sovereign | ||
| immunity to suit and from liability is waived and abolished in state | ||
| and federal court to the extent of liability created by Section | ||
| 110.005, and no immunity defense may be invoked to prevent a | ||
| claimant from suing [ |
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| allowed by that section, or from suing a government officer for | ||
| declaratory and injunctive relief allowed by Section 110.005, | ||
| notwithstanding any other law. | ||
| (b) Notwithstanding Subsection (a), this chapter does not | ||
| waive or abolish sovereign immunity to suit and from liability | ||
| under the Eleventh Amendment to the United States Constitution, | ||
| which prohibits the citizens of another state or the citizens or | ||
| subjects of a foreign state from suing this state or any arm of this | ||
| state in federal court. | ||
| SECTION 4. If any provision of this Act or its application | ||
| to any person or circumstance is held invalid, the invalidity does | ||
| not affect other provisions or applications of this Act that can be | ||
| given effect without the invalid provision or application, and to | ||
| this end the provisions of this Act are declared to be severable. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
