Bill Text: TX HB21 | 2023 | 88th Legislature 2nd Special Session | Introduced


Bill Title: Relating to civil liability for the sterilization, castration, or genital mutilation of children.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-06-27 - Filed [HB21 Detail]

Download: Texas-2023-HB21-Introduced.html
  88S20016 MZM-F
 
  By: Toth H.B. No. 21
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for the sterilization, castration, or
  genital mutilation of children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 74, Civil Practice and Remedies Code, is
  amended by adding Subchapter M to read as follows:
  SUBCHAPTER M. LIABILITY FOR STERILIZATION, CASTRATION, OR GENITAL
  MUTILATION OF CHILDREN
         Sec. 74.601.  CAUSE OF ACTION. Notwithstanding any other
  law, a person is strictly and jointly and severally liable to an
  individual for personal injury to the individual resulting from
  knowingly:
               (1)  prescribing puberty blockers or hormone therapy to
  a minor for the purpose of transitioning a child's biological sex as
  determined by the sex organs, chromosomes, and endogenous profiles
  of the child or affirming the child's perception of the child's sex
  if that perception is inconsistent with the child's biological sex;
               (2)  performing a sex-change operation on a minor; or
               (3)  aiding or abetting the conduct described by
  Subdivision (1) or (2).
         Sec. 74.602.  STANDING AND DAMAGES. Notwithstanding any
  other law, an individual described by Section 74.601 may bring an
  action under this subchapter and is entitled to recover in the
  action:
               (1)  nominal damages;
               (2)  compensatory damages;
               (3)  exemplary damages in an amount of not less than $10
  million from each defendant if the conduct that is the basis for the
  action resulted in the individual's irreversible sterilization or
  sexual dysfunction; and
               (4)  costs and reasonable attorney's fees incurred in
  bringing the action.
         Sec. 74.603.  LIMITATIONS. Notwithstanding any other law, a
  person may bring an action under this subchapter not later than the
  20th anniversary of the date the cause of action accrues.
         Sec. 74.604.  DEFENSES. (a) A defendant against whom an
  action is brought under this subchapter may assert as an
  affirmative defense to liability that:
               (1)  the imposition of civil liability on the defendant
  will violate constitutional or federally protected rights that
  belong to the defendant personally; or
               (2)  the defendant:
                     (A)  has standing to assert the rights of a third
  party under the tests for third-party standing established by the
  United States Supreme Court; and
                     (B)  demonstrates that the imposition of civil
  liability on the defendant will violate constitutional or federally
  protected rights belonging to that third party.
         (b)  Notwithstanding any other law, the following are not a
  defense to an action brought under this subchapter:
               (1)  ignorance or mistake of law;
               (2)  a defendant's belief that the requirements or
  provisions of this subchapter are unconstitutional or were
  unconstitutional;
               (3)  a defendant's reliance on a court decision that has
  been vacated, reversed, or overruled on appeal or by a subsequent
  court, even if that court decision had not been vacated, reversed,
  or overruled when the cause of action accrued;
               (4)  a defendant's reliance on any state or federal
  court decision that is not binding on the court in which the action
  has been brought;
               (5)  a defendant's reliance on any federal statute,
  agency rule or action, or treaty that has been repealed,
  superseded, or declared invalid or unconstitutional, even if that
  federal statute, agency rule or action, or treaty had not been
  repealed, superseded, or declared invalid or unconstitutional when
  the cause of action accrued;
               (6)  non-mutual issue preclusion or non-mutual claim
  preclusion;
               (7)  the consent to the defendant's conduct that is the
  basis of the action by:
                     (A)  the claimant;
                     (B)  one or both of the parents of the claimant if
  the claimant was an unemancipated minor; or
                     (C)  the legal guardian or conservator of the
  claimant;
               (8)  contributory or comparative negligence;
               (9)  assumption of risk;
               (10)  sovereign immunity, governmental immunity,
  official immunity, or qualified immunity;
               (11)  the claimant's waiver or purported waiver of the
  claimant's right to bring the action;
               (12)  the claimant's failure to exhaust administrative
  remedies; or
               (13)  a claim that the enforcement of this subchapter
  or the imposition of civil liability against the defendant will
  violate the constitutional rights of third parties, except as
  provided by Subsection (a)(2).
         (c)  A civil action under this subchapter may not be brought
  against a person that acted at the behest of a federal agency,
  contractor, or employee who is carrying out duties under federal
  law if the imposition of liability would violate the doctrines of
  preemption or intergovernmental immunity.
         (d)  Nothing in this section or subchapter shall limit or
  preclude a defendant from asserting the unconstitutionality of any
  provision or application of a law of this state as a defense to
  liability, or from asserting any other defense that might be
  available under any other source of law.
         Sec. 74.605.  LONG-ARM JURISDICTION. Notwithstanding any
  other law, including Subchapter C, Chapter 17, the courts of this
  state have personal jurisdiction over a defendant sued under this
  subchapter to the maximum extent permitted by the Fourteenth
  Amendment to the United States Constitution.
         Sec. 74.606.  VENUE. (a) Notwithstanding any other law,
  including Chapter 15, a civil action brought under this subchapter
  must be brought in:
               (1)  the county in which all or a substantial part of
  the events or omissions giving rise to the claim occurred;
               (2)  the county of residence for any one of the natural
  person defendants at the time the cause of action accrued;
               (3)  the county of the principal office in this state of
  any one of the defendants that is not a natural person; or
               (4)  the county of residence for the claimant if the
  claimant is a natural person residing in this state.
         (b)  Notwithstanding any other law, if a civil action is
  brought under this subchapter in a venue described by Subsection
  (a), the action may not be transferred to a different venue without
  the written consent of all parties.
         (c)  Any contractual provision that purports to require a
  civil action under this subchapter to be litigated in another venue
  is void as against public policy, and may not be enforced in any
  state or federal court.
         Sec. 74.607.  CHOICE OF LAW. (a) Notwithstanding any other
  law, the law of this state applies to any gender-transitioning
  treatment provided to a resident of this state, regardless of where
  that treatment occurs, and to any civil action brought under this
  subchapter, to the maximum extent permitted by the United States
  Constitution and the Texas Constitution.
         (b)  Any contractual choice of law provision that purports to
  require the law of another jurisdiction to govern a civil action
  brought under this subchapter is void as against public policy and
  may not be enforced in any state or federal court.
         (c)  This section applies extraterritorially to the maximum
  extent permitted by the United States Constitution and the Texas
  Constitution.
         Sec. 74.608.  PRIVATE ENFORCEMENT EXCLUSIVE.  
  Notwithstanding any other law, direct or indirect enforcement of
  this subchapter may not be taken or threatened by the state, a
  political subdivision, a district or county attorney, or an officer
  of this state or a political subdivision against any person by any
  means, and this subchapter may not be used to justify or trigger the
  enforcement of any other law or any type of adverse consequence
  under any other law, except as provided by this subchapter. This
  section does not preclude or limit the enforcement of any other law
  or regulation against conduct that is independently prohibited by
  the law or regulation and that would remain prohibited by such other
  law or regulation in the absence of this subchapter.
         Sec. 74.609.  IMMUNITY FROM SUIT. (a) Subject to Subsection
  (b) but notwithstanding any other law, the state has sovereign
  immunity, a political subdivision has governmental immunity, and an
  officer or employee of this state or a political subdivision has
  official immunity, as well as sovereign or governmental immunity,
  as appropriate, in any action, claim, counterclaim, or any type of
  legal or equitable action that:
               (1)  challenges the validity of any provision or
  application of this subchapter, on constitutional grounds or
  otherwise; or
               (2)  seeks to prevent or enjoin the state, a political
  subdivision, or an officer or employee of this state or a political
  subdivision from:
                     (A)  enforcing any provision or application of
  this subchapter; or
                     (B)  hearing, adjudicating, or docketing a civil
  action brought under this subchapter.
         (b)  Subsection (a) does not apply to the extent that
  immunity has been abrogated or preempted by federal law in a manner
  consistent with the United States Constitution.
         (c)  The sovereign immunity conferred by this section on the
  state and its officers and employees includes the constitutional
  sovereign immunity recognized by the United States Supreme Court,
  which applies in both state and federal court and may not be
  abrogated by Congress or by a state or federal court except under
  legislation authorized by:
               (1)  Section 5 of the Fourteenth Amendment, United
  States Constitution;
               (2)  the Bankruptcy Clause of Article I, United States
  Constitution; or
               (3)  Congress's powers to raise and support armies and
  to provide and maintain a navy.
         (d)  Notwithstanding any other law, the immunities conferred
  by Subsection (a) shall apply in every court, both state and
  federal, and in every type of adjudicative proceeding.
         (e)  Notwithstanding any other law, a provision of state law
  may not be construed to waive or abrogate an immunity described by
  Subsection (a) unless it expressly waives or abrogates immunity
  with specific reference to this section.
         (f)  Notwithstanding any other law, an attorney representing
  the state, a political subdivision, or an officer, employee, or
  agent of this state or a political subdivision may not waive an
  immunity described by Subsection (a) or take an action that would
  result in a waiver of that immunity. A purported waiver or action
  described by this subsection is void and considered an ultra vires
  act.
         Sec. 74.610.  LIMITS ON STATE COURT JURISDICTION. (a)
  Notwithstanding any other law, including Chapter 37 of this code
  and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and
  24.011, Government Code, a court of this state may not award
  declaratory or injunctive relief, or any type of writ, that would:
               (1)  pronounce any provision or application of this
  subchapter invalid or unconstitutional; or
               (2)  restrain the state, a political subdivision, an
  officer, employee, or agent of this state or a political
  subdivision, or any person from:
                     (A)  enforcing any provision or application of
  this subchapter; or
                     (B)  hearing, adjudicating, docketing, or filing
  a civil action brought under this subchapter.
         (b)  A court of this state does not have jurisdiction to
  consider an action, claim, or counterclaim that seeks relief
  described by Subsection (a).
         (c)  This subchapter may not be construed to prevent a
  litigant from asserting the invalidity or unconstitutionality of a
  provision or application of this subchapter as a defense to an
  action, claim, or counterclaim brought against the litigant.
         (d)  Notwithstanding any other law, judicial relief issued
  by a court of this state that disregards immunity conferred by
  Section 74.609(a) or the jurisdictional limitations imposed by this
  section:
               (1)  is void because the court is without jurisdiction;
  and
               (2)  may not be enforced or obeyed by an officer,
  employee, or agent of this state or a political subdivision,
  judicial or otherwise.
         (e)  Notwithstanding any other law, a writ, injunction, or
  declaratory judgment issued by a court of this state that purports
  to restrain the state, a political subdivision, an officer,
  employee, or agent of this state or a political subdivision, or any
  person from hearing, adjudicating, docketing, or filing a civil
  action brought under this subchapter is void and may not be enforced
  or obeyed by an officer, employee, or agent of this state or a
  political subdivision, judicial or otherwise.
         (f)  Notwithstanding any other law, an officer, employee, or
  agent of this state or a political subdivision, judicial or
  otherwise, who issues, enforces, or obeys a writ, injunction, or
  declaratory judgment described by Subsection (a) is liable to any
  person who is prevented from or delayed in bringing a civil action
  under this subchapter. A claimant who prevails in an action brought
  under this subsection is entitled to:
               (1)  injunctive relief;
               (2)  compensatory damages;
               (3)  exemplary damages of not less than $100,000; and
               (4)  costs and reasonable attorney's fees.
         (g)  Notwithstanding any other law, a person who violates
  Subsection (a) or (e):
               (1)  may not assert and is not entitled to any type of
  immunity defense, including sovereign immunity, governmental
  immunity, official immunity, or judicial immunity;
               (2)  may not be indemnified for an award of damages or
  costs and attorney's fees entered against the person or for the
  costs of the person's legal defense; and
               (3)  may not receive or obtain legal representation
  from the attorney general of this state in an action brought against
  the person under Subsection (f).
         (h)  Notwithstanding any other law, a person who brings an
  action and seeks any writ, injunction, or declaratory judgment that
  would restrain any person from hearing, adjudicating, docketing, or
  filing a civil action brought under this subchapter shall pay the
  costs and attorney's fees of the person against whom the action is
  brought. A person entitled to recover costs and attorney's fees
  under this subsection may bring a civil action to recover these
  costs and attorney's fees in state or federal court. It is not a
  defense to a civil action brought under this subsection that:
               (1)  the claimant failed to seek recovery of costs or
  attorney's fees in the underlying action;
               (2)  the court in the underlying action declined to
  recognize or enforce the requirements of this section; or
               (3)  the court in the underlying action held that any
  provision of this section is invalid, unconstitutional, or
  preempted by federal law, notwithstanding the doctrines of issue or
  claim preclusion.
         SECTION 2.  Subchapter M, Chapter 74, Civil Practice and
  Remedies Code, as added by this Act, applies only to a cause of
  action that accrues on or after the effective date of this Act.
         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 on the 91st day after the last day of the
  legislative session.
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