Tex. Health & Safety Code § 171A.104 · Subchapter C. QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO ABORTION-INDUCING DRUGS
REMEDIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding any other law and except as provided by Subsection (b), if a qui tam relator prevails in an action brought under Section 171A.101, the court shall award to the relator:
(1) injunctive relief sufficient to prevent the defendant from violating Section 171A.051;
(2) an amount of not less than $100,000 for each violation of Section 171A.051, to be allocated in accordance with Subsection (b); and
(3) costs and reasonable attorney's fees.
(b) In awarding the amount described by Subsection (a)(2), the court shall ensure that:
(1) the qui tam relator receives the entire amount awarded under Subsection (a)(2) for an action in which the relator is:
(A) a woman who was pregnant at the time the woman obtained or received an abortion-inducing drug that was manufactured, distributed, mailed, transported, delivered, prescribed, provided, or possessed in violation of Section 171A.051; or
(B) the father, sibling, or grandparent of the unborn child with which the woman described by Paragraph (A) was pregnant at the time the woman obtained or received the abortion-inducing drug; and
(2) for an action in which the qui tam relator is a person other than a person described by Subdivision (1):
(A) the relator receives $10,000 of the total amount awarded under Subsection (a)(2); and
(B) the remainder of the amount awarded under Subsection (a)(2) is held in trust by the relator for the benefit of a charitable organization designated by the relator, except that the relator may not designate a charitable organization under this paragraph from which the relator or any of the relator's family members receives a salary, stipend, or any type of remuneration or financial benefit.
(c) A court may not award relief under Subsection (a)(2) or (3) in response to a violation of Section 171A.051 if the defendant demonstrates that:
(1) a court previously ordered the defendant to pay an amount under Subsection (a)(2) in another action for that particular violation; and
(2) the court order described by Subdivision (1) has not been vacated, reversed, or overturned.
(d) A court may not award costs or attorney's fees under the Texas Rules of Civil Procedure or any other rule adopted by the supreme court under Section 22.004, Government Code, to a defendant against whom an action is brought under Section 171A.101.
(e) Subsection (d) does not preclude a court from:
(1) awarding sanctions under Chapter 10, Civil Practice and Remedies Code; or
(2) sanctioning a litigant or attorney for frivolous, malicious, or bad-faith conduct.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 5 (H.B. 7), Sec. 2, eff. December 4, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.171A.htm
- Text hash
- sha256 e4f93be96e879d3c22b3b0904b9bd0a9102f70db60b5a9b61c62e4b798282e83
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.