Tex. Health and Safety Code § 171A.102 — TX Code / Code hs / Chapter 171A / Section 171A.102
§ 171A.102. DEFENSES.
Status: repealed

(a) It is an affirmative defense to an action brought under Section 171A.101 that the defendant:

(1) was unaware the defendant was engaged in the conduct prohibited by Section 171A.051; and

(2) took reasonable precautions to ensure the defendant would not violate Section 171A.051.

(b) It is an affirmative defense to an action brought under Section 171A.101 that:

(1) the imposition of civil liability on the defendant will violate the defendant's rights under federal law, including the United States Constitution;

(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 the third party's rights under federal law, including the United States Constitution;

(3) the imposition of civil liability on the defendant will violate the defendant's rights under the Texas Constitution; or

(4) the imposition of civil liability on the defendant will violate limits on extraterritorial jurisdiction imposed by the United States Constitution or the Texas Constitution.

(c) The defendant has the burden of proving an affirmative defense under this section by a preponderance of the evidence.

(d) The following are not defenses to an action brought under Section 171A.101:

(1) a defendant's ignorance or mistake of law, including a defendant's mistaken belief that the requirements or provisions of this chapter are unconstitutional or were unconstitutional;

(2) a defendant's reliance on a state or federal court decision that is not binding on the court in which the action has been brought;

(3) a defendant's reliance on a federal agency rule or action that has been repealed, superseded, or declared invalid or unconstitutional, even if the federal agency rule or action had not been repealed, superseded, or declared invalid or unconstitutional when the cause of action accrued;

(4) the laws of another state or jurisdiction, including an abortion shield law, unless the Texas Constitution or federal law compels the court to enforce that law;

(5) non-mutual issue preclusion or non-mutual claim preclusion;

(6) sovereign immunity, governmental immunity, or official immunity, other than sovereign immunity, governmental immunity, or official immunity applicable to:

(A) a hospital owned, maintained, or operated by this state that facilitates the availability of or makes available abortion-inducing drugs solely for one or more of the purposes described by Section 171A.002(a)(9);

(B) a political subdivision of this state, including a hospital district, that facilitates the availability of or makes available abortion-inducing drugs solely for one or more of the purposes described by Section 171A.002(a)(9); or

(C) a physician or health care professional employed by a hospital owned or operated by this state or a political subdivision of this state, including a hospital district, acting within the scope of the physician's or professional's employment who prescribes, distributes, administers, or otherwise makes available abortion-inducing drugs solely for one or more of the purposes described by Section 171A.002(a)(9);

(7) a claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional or federally protected rights of third parties, except as provided by Subsection (b); or

(8) consent to the abortion by the claimant or the unborn child's mother.