Bill Text: TX SB1440 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the processing of certain credit card transactions; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [SB1440 Detail]
Download: Texas-2023-SB1440-Introduced.html
88R6129 MLH-D | ||
By: Springer | S.B. No. 1440 |
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relating to the processing of certain credit card transactions; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 121 to read as follows: | ||
CHAPTER 121. PROCESSING OF CERTAIN CREDIT CARD TRANSACTIONS | ||
Sec. 121.001. DEFINITIONS. In this chapter: | ||
(1) "Abortion-inducing drug" means a drug, a medicine, | ||
or any other substance, including a regimen of two or more drugs, | ||
medicines, or substances, prescribed, dispensed, or administered | ||
with the intent of terminating a clinically diagnosable pregnancy | ||
of a woman and with knowledge that the termination will, with | ||
reasonable likelihood, cause the death of the woman's unborn child. | ||
The term includes off-label use of drugs, medicines, or other | ||
substances known to have abortion-inducing properties that are | ||
prescribed, dispensed, or administered with the intent of causing | ||
an abortion, including the Mifeprex regimen, misoprostol | ||
(Cytotec), mifepristone, and methotrexate. The term does not | ||
include a drug, medicine, or other substance that may be known to | ||
cause an abortion but is prescribed, dispensed, or administered for | ||
other medical reasons. | ||
(2) "Credit card issuer" has the meaning assigned by | ||
Section 505.001. | ||
Sec. 121.002. PROHIBITED TRANSACTIONS. A credit card | ||
issuer may not process a transaction for the provision of an | ||
abortion-inducing drug by courier, delivery, or mail service. | ||
Sec. 121.003. CRIMINAL OFFENSE. (a) A credit card issuer | ||
that intentionally, knowingly, or recklessly violates this chapter | ||
commits an offense. An offense under this subsection is a state jail | ||
felony. | ||
(b) A pregnant woman on whom a drug-induced abortion is | ||
attempted, induced, or performed in violation of Section 171.063, | ||
Health and Safety Code, is not criminally liable for the violation. | ||
Sec. 121.004. CIVIL ACTION. (a) A person may bring a civil | ||
action against a credit card issuer that violates this chapter. | ||
(b) Notwithstanding Sections 41.003 and 41.004, Civil | ||
Practice and Remedies Code, a person who prevails in an action under | ||
this section is entitled to recover: | ||
(1) treble damages; | ||
(2) court costs; and | ||
(3) attorney's fees. | ||
Sec. 121.005. CONSTRUCTION OF CHAPTER. (a) This chapter | ||
shall be construed, as a matter of state law, to be enforceable up | ||
to but no further than the maximum possible extent consistent with | ||
federal constitutional requirements, even if that construction is | ||
not readily apparent, as such constructions are authorized only to | ||
the extent necessary to save the chapter from judicial | ||
invalidation. Judicial reformation of statutory language is | ||
explicitly authorized only to the extent necessary to save the | ||
statutory provision from invalidity. | ||
(b) If any court determines that a provision of this chapter | ||
is unconstitutionally vague, the court shall interpret the | ||
provision, as a matter of state law, to avoid the vagueness problem | ||
and shall enforce the provision to the maximum possible extent. If | ||
a federal court finds any provision of this chapter or its | ||
application to any person, group of persons, or circumstances to be | ||
unconstitutionally vague and declines to impose the saving | ||
construction described by this subsection, the Supreme Court of | ||
Texas shall provide an authoritative construction of the | ||
objectionable statutory provisions that avoids the constitutional | ||
problems while enforcing the statute's restrictions to the maximum | ||
possible extent and shall agree to answer any question certified | ||
from a federal appellate court regarding the statute. | ||
(c) A state executive or administrative official may not | ||
decline to enforce this chapter, or adopt a construction of this | ||
chapter in a way that narrows its applicability, based on the | ||
official's own beliefs about what the state or federal constitution | ||
requires, unless the official is enjoined by a state or federal | ||
court from enforcing this chapter. | ||
(d) This chapter may not be construed to authorize the | ||
prosecution of or a cause of action to be brought against a woman on | ||
whom an abortion is performed or induced or attempted to be | ||
performed or induced in violation of Section 171.063, Health and | ||
Safety Code. | ||
Sec. 121.006. ENFORCEMENT OF CHAPTER. A state executive or | ||
administrative official may not decline to enforce this chapter, or | ||
adopt a construction of this chapter in a way that narrows its | ||
applicability, based on the official's own beliefs on the | ||
requirements of the state or federal constitution, unless the | ||
official is enjoined by a state or federal court from enforcing this | ||
chapter. | ||
SECTION 2. This Act takes effect September 1, 2023. |