Government Code § 2273.004

Sec. 2273.004. CIVIL REMEDY; WAIVER OF IMMUNITY. (a) The attorney general may bring an action against any party, other than the woman who may procure or procures an abortion, to the actual or proposed prohibited transaction, appropriation, or expenditure, as applicable, of a governmental entity that violates or is seeking to violate Section 2273.003 or 2273.0031 and is entitled to recover in the action: (1) declaratory relief; (2) injunctive relief that terminates and reimburses any value conferred by the prohibited transaction, appropriation, or expenditure and enjoins the party from entering into a prohibited transaction, appropriation, or expenditure in the future; (3) court costs; and (4) reasonable attorney's fees. (b) Sovereign or governmental immunity, as applicable, of a governmental entity to suit and from liability is waived and abolished to the extent of liability created by Subsection (a). (c) Notwithstanding any other law: (1) a court may not award costs or attorney's fees under Rule 91a, Texas Rules of Civil Procedure, to any defendant against whom an action is brought under this section; and (2) Chapters 27 and 110, Civil Practice and Remedies Code, do not apply to an action brought under this section. Added by Acts 2019, 86th Leg., R.S., Ch. 501 (S.B. 22), Sec. 1, eff. September 1, 2019. Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(52), eff. September 1, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 10.008, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 759 (S.B. 33), Sec. 4, eff. September 1, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.06, eff. December 4, 2025.