Texas § 171.104 CIVIL LIABILITY.

Texas Statutes

§ 171.104 — CIVIL LIABILITY.

Texas § 171.104

Code HSHealth and Safety Code

This text of Texas § 171.104 (CIVIL LIABILITY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 171.104 (2026).

Text

Sec. 171.104. CIVIL LIABILITY.

(a)Except as provided by Subsection (b), the father of the fetus or a parent of the mother of the fetus, if the mother is younger than 18 years of age at the time of the partial-birth abortion, may bring a civil action to obtain appropriate relief, including:

(1)money damages for physical injury, mental anguish, and emotional distress; and

(2)exemplary damages equal to three times the cost of the partial-birth abortion.

(b)A person may not bring or maintain an action under this section if:

(1)the person consented to the partial-birth abortion; or

(2)the person's criminally injurious conduct resulted in the pregnancy.

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Sec. 171.104. CIVIL LIABILITY. (a) Except as provided by Subsection (b), the father of the fetus or a parent of the mother of the fetus, if the mother is younger than 18 years of age at the time of the partial-birth abortion, may bring a civil action to obtain appropriate relief, including:
(1) money damages for physical injury, mental anguish, and emotional distress; and
(2) exemplary damages equal to three times the cost of the partial-birth abortion.
(b) A person may not bring or maintain an action under this section if:
(1) the person consented to the partial-birth abortion; or
(2) the person's criminally injurious conduct resulted in the pregnancy.