88R6129 MLH-D     By: Springer S.B. No. 1440       A BILL TO BE ENTITLED   AN ACT   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.