Bill Text: TX HB1909 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the protection of pregnancy resource centers as essential businesses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to State Affairs [HB1909 Detail]
Download: Texas-2021-HB1909-Introduced.html
87R6105 MWC-D | ||
By: Leach | H.B. No. 1909 |
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relating to the protection of pregnancy resource centers as | ||
essential businesses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle H, Title 10, Government Code, is | ||
amended by adding Chapter 2402 to read as follows: | ||
CHAPTER 2402. PROTECTION OF PREGNANCY RESOURCE CENTERS | ||
Sec. 2402.001. DEFINITIONS. In this chapter: | ||
(1) "Disaster" has the meaning assigned by Section | ||
418.004. | ||
(2) "Governmental entity" has the meaning assigned by | ||
Section 2252.001. | ||
(3) "Public health disaster" has the meaning assigned | ||
by Section 81.003, Health and Safety Code. | ||
Sec. 2402.002. ESSENTIAL BUSINESS; PROHIBITED | ||
RESTRICTIONS. (a) A pregnancy resource center is considered an | ||
essential business at all times in this state, including during a | ||
declared state of disaster or public health disaster, and the | ||
center's services are considered essential regardless of whether | ||
the services are listed as essential or included in a category of | ||
services allowed to operate in an order issued under Chapter 418 or | ||
Chapter 81, Health and Safety Code. | ||
(b) An order issued under Chapter 418 or Chapter 81, Health | ||
and Safety Code, may not: | ||
(1) prohibit a pregnancy resource center from | ||
continuing to operate in the discharge of the center's purpose; or | ||
(2) require a pregnancy resource center to close. | ||
(c) This section does not prohibit a governmental entity | ||
from closing an individual pregnancy resource center in relation to | ||
an allegation of criminal activity at the center or a violation of | ||
law protecting public health and safety by the center. | ||
Sec. 2402.003. RELIEF AVAILABLE. (a) A person may assert | ||
an actual or threatened violation of Section 2402.002 as a claim or | ||
defense in a judicial or administrative proceeding and obtain: | ||
(1) injunctive relief; | ||
(2) declaratory relief; and | ||
(3) court costs and reasonable attorney's fees. | ||
(b) Notwithstanding any other law, a person may commence an | ||
action under this section and relief may be granted regardless of | ||
whether the person has sought or exhausted available administrative | ||
remedies. | ||
Sec. 2402.004. IMMUNITY WAIVED. A person who alleges a | ||
violation of Section 2402.002 may sue for the relief provided under | ||
Section 2402.003. Sovereign or governmental immunity, as | ||
applicable, is waived and abolished to the extent of liability for | ||
that relief. | ||
Sec. 2402.005. ATTORNEY GENERAL ACTION; INTERVENTION IN | ||
PROCEEDING. (a) The attorney general may bring an action for | ||
injunctive or declaratory relief to enforce compliance with this | ||
chapter. | ||
(b) This section may not be construed to deny, impair, or | ||
otherwise affect any authority of the attorney general or a | ||
governmental entity acting under other law to institute or | ||
intervene in a proceeding. | ||
(c) The attorney general may not recover expenses incurred | ||
in bringing, instituting, or intervening in an action under this | ||
section. | ||
SECTION 2. Chapter 2402, Government Code, as added 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 accrued before | ||
the effective date of this Act is governed by the law in effect | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |