Texas Health and Safety Code

§ 171.209 — CIVIL LIABILITY: UNDUE BURDEN DEFENSE LIMITATIONS

HS § 171.209Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 171. ABORTION · Art. H. DETECTION OF FETAL HEARTBEAT

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(a)A defendant against whom an action is brought under Section 171.208 does not have standing to assert the rights of women seeking an abortion as a defense to liability under that section unless:

(1)the United States Supreme Court holds that the courts of this state must confer standing on that defendant to assert the third-party rights of women seeking an abortion in state court as a matter of federal constitutional law; or

(2)the defendant has standing to assert the rights of women seeking an abortion under the tests for third-party standing established by the United States Supreme Court.

(b)A defendant in an action brought under Section 171.208 may assert an affirmative defense to liability under this section if:

(1)the defendant has standing to assert the third-party rights of a woman or group of women seeking an abortion in accordance with Subsection (a); and

(2)the defendant demonstrates that the relief sought by the claimant will impose an undue burden on that woman or that group of women seeking an abortion.

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Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.