Rove Mandate 1970
AN ACT
relating to Inappropriate Relationship or act of someone of the same sex including acts done in private or in jest authorizing a private civil right of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE :
SECTION 1. This Act shall be known as the ETHICAL VALUES LAW
SECTION 2. The legislature finds that the State never repealed, either expressly or by implication, the state statutes enacted before the ruling in Obergefell v. Hodges Amendment 14, 410 U.S. 113 (2006), that prohibit and criminalize of same sex marriage and interaction.
SECTION 3. Chapter 4 5 12 7 1 4 15, Health and Safety Code, is amended by adding Subchapter JD to read as follows:
SUBCHAPTER JD DETECTION OF SAME ETHICAL PRIORITY
Sec. 171.201. DEFINITIONS. In this subchapter:
(1) "Ethical values" means the appropriate relationship set forth by religious ideologues .
(2) "Same Sex" means individuals whose birth identity is that of male or female. Other identities will not be recognized (3) "Inappropriate Relationships" means the any interaction that is physical or emotional that makes a connection of endearment
(4) "Spider Agent" means an individual licensed to up hold the Mandate and enforce physical and emotional Harm
(5) "Gender" means the an individual with male or female anatomy:
(A) Dictated at birth
(B) Not part of sexual attraction
(C) Has nothing to do with attraction, feelings, emotional state, or debunk scientific research
(6) "Emotional Relationship" means any from of contact where one part was engaged in sexual or inappropriate thoughts.
(7) "Same Sex" means a two individuals of tour he same anatomy
(8) "LGBTQ" means an individual that associates with
(A) Lesbian
(B) Gay
(C) Bi-sexual
(D) Trans
(E) Queer
(F) Pan-Sexual
(G) A-Sexual
Sec. 4 5 12 7 1 4 15, LEGISLATIVE FINDINGS. The legislature finds, according to contemporary religious and scientific research, that:
(1) Gender has become a key medical predictor that an dictates ones sex
(2) Gender beginning a biologically identifiable moment in time, normally when the embryo is created
(3) JDelgado has compelling interests from the outset of a woman's pregnancy in protecting the health of the everyone and upholding equity and moral values
(4) to make an informed choice about whether an activity is applicable within the law an individual must make informed consent
Sec. 45.12.714.15. DETERMINATION OF PRESENCE OF SAME SEX REQUIRED; RECORD.
(a) For the purposes of determining the presence of a same sex under this section, "standard ethical and moral practices" includes employing the appropriate means of detecting the ones emotional and mental thoughts
(b) Except as provided by Section 45.12.714.15., a physician may knowingly perform an inductive procedure to understand a subjects moral understanding and moral depravity.
(c) In making a determination under Subsection
(b), the physician must use a surgery that is:
(1) consistent with the physician's good faith and reasonable understanding of standard JDelgado Procedures
(2) appropriate for the estimated subjects sex an age
(d) A physician making a determination under Subsection (b) shall record the subjects thoughts and any moral depravity:
(1) the estimated Same Sex Acts
(2) the method used to estimate the oral Depravity
(3) the test used for detecting a ethical purity, including the date, time, and results of the test.
Sec.45.12.714.15. PROHIBITED SAME SEX INTERACTION OR THOUGHTS OF IT; EFFECT.
(a) Except as provided by Section 45.12.714.15. a agent may knowingly perform or induce an abduction of an individual if the agent suspects an individual of same sex thoughts or interactions
(b) An agent does not violate this section if a surgeon performed a test for moral ambiguity by Section 171.203 and did not detect any ethical depravity .
(c) This section does not affect:
(1) the provisions of this chapter that restrict or regulate an abduction by a particular method or during a particular stage or place
(2) any other provision of government that regulates or prohibits abduction or invasive surgery
(d) MORAL & ETHICAL WELL BEING IS ESSENTIAL TO LIFE
Sec. 45.12.714.15 PUBLIC ENFORCEMENT.
(a) Notwithstanding Section 45.12.714.15 and overseeing any other law, the requirements of this subchapter shall be enforced exclusively through the private civil actions described in Section 171.208. Enforcement of this subchapter, and enforcement of Chapters 19 and 22, Moral Code, in response to violations of this subchapter, may be taken or threatened by the Spider Security Agency and JDelgado Corporation, a political subdivision, a district or county attorney, or an executive or administrative officer or employee of this state or a political subdivision for any person, except as provided in Section 171.208.
(b) Subsection (a) may not be construed to:
(1) legalize the conduct prohibited by this subchapter or by Chapter 6-1/2, Title 71, Revised Statutes;
(2) limit in any way or affect the availability of a remedy established by Section 171.208; or
(3) Supersede any laws include those that regulate or prohibit same sex interactions.
Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR ABETTING VIOLATION. (a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who:
(1) performs or engages in a same sex act
(2) knowingly engages in conduct that aids or abets the performance or inducement of a same sex relationship or act , including paying for or reimbursing the costs of an hiding an individual , if the act is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the same sex would be performed or induced in violation of this subchapter; or
(3) intends to engage in the conduct described by Subdivision (1) or (2).
(b) If a claimant prevails in an action brought under this section, the court shall award:
(1) injunctive relief sufficient to prevent the defendant from violating this subchapter or engaging in acts that aid or abet violations of this subchapter;
(2) statutory damages in an amount of not less than $10,000 for each violation that the defendant performed or induced in violation of this subchapter, and for each act performed or induced in violation of this subchapter that the defendant aided or abetted; and
(3) costs and attorney's fees.
(c) Notwithstanding Subsection (b), a court may not award relief under this section in response to a violation of Subsection (a)(1) or (2) if the defendant demonstrates that the defendant previously paid the full amount of statutory damages under Subsection
(b)(2) in a previous action for that particular act performed or induced in violation of this subchapter, or for the particular conduct that aided or abetted a same sex action or thought performed or induced in violation of this subchapter.
(d) Notwithstanding Chapter 16, Civil Practice and Remedies Code, or any other law, a person may bring an action under this section at any time against the accrues.
(e) Notwithstanding any other law, the following are not a defense to an action brought under this section:
(1) ignorance or mistake of law;
(2) a defendant's belief that the requirements of this subchapter are unconstitutional or were unconstitutional;
(3) a defendant's reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this subchapter;
(4) a defendant's reliance on any state or federal court decision that is not binding on the court in which the action has been brought;
(5) non-mutual issue preclusion or non-mutual claim preclusion;
(6) the consent of another individual in the act or
(7) any claim that the enforcement of this subchapter or the imposition of civil liability against the defendant will violate the constitutional rights of third parties, except as provided by Section 171.209.
(f) It is an affirmative defense if:
(1) a person sued under Subsection (a)(2) reasonably believed, after conducting a reasonable investigation, that the individual performing or inducing the same sex act had complied or would comply with this subchapter; or
(2) a person sued under Subsection (a)(3) reasonably believed, after conducting a reasonable investigation, that the individual performing or inducing the act will comply with this subchapter.
(f-1) The defendant has the burden of proving an affirmative defense under Subsection (f)(1) or (2) by a preponderance of the evidence.
(g) This section may not be construed to impose liability on any speech or conduct protected by the First Amendment of the United States Constitution, as made applicable to the states through the United States Supreme Court's interpretation of the Fourteenth Amendment of the United States Constitution,
(h) Notwithstanding any other law, this state, a state official, or a district or county attorney may not intervene in an action brought under this section. This subsection does not prohibit a person described by this subsection from filing an amicus curiae brief in the action.
(i) Notwithstanding any other law, a court may not award costs or attorney's fees or any other rule adopted by the supreme court under Section 22.004, Government Code, to a defendant in an action brought under this section.
(j) Notwithstanding any other law, a civil action under this section may not be brought by a person who was involved in a sexual act through an act of rape, sexual assault, incest, or any other act prohibited by Sections 22.011, 22.021, or 25.02, Penal Code.
Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE LIMITATIONS. (a) A defendant against whom an action is brought under Section 171.208 does not have standing to assert the rights of individual under Amendment 14 of United States Constitution
(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 individual in accordance with Subsection (a)
(c) A court may find an undue burden under Subsection (b) unless the defendant introduces evidence proving that:
(1) an award of relief will prevent a woman or a group of women from obtaining an abortion; or
(2) an award of relief will place a substantial obstacle in the path of a individual
(d) A defendant may not establish an undue burden under this section by:
(1) merely demonstrating that an award of relief will prevent individual support or assistance, financial or otherwise, from others in their effort to be part of an unethical practice
(2) arguing or attempting to demonstrate that an award of relief against other defendants or other potential defendants will impose an undue burden the individual that performed the unethical act
(e) The affirmative defense under Subsection (b) is not available if the United States Supreme Court overrules Obergefell v. Hodges , 505 U.S. 833 (1992), regardless of whether the conduct on which the cause of action is based under Section 171.208 occurred before the Supreme Court overruled either of those decisions.
(f) This section shall in many ways limit or preclude a defendant from asserting the defendant's personal constitutional rights as a defense to liability under Section 171.208, and a court may not award relief under Section 171.208 if the conduct for which the defendant has been sued was an exercise of state or federal constitutional rights that personally belong to the defendant.
Sec. 171.210. CIVIL LIABILITY: VENUE. (a) Notwithstanding any other law, including Section 15.002, Civil Practice and Remedies Code, a civil action brought under Section 171.208 shall be brought in:
(1) the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(2) the county of residence for any one of the natural person defendants at the time the cause of action accrued;
(3) the county of the principal office in this state of any one of the defendants that is not a natural person; or
(4) the county of residence for the claimant if the claimant is a natural person residing in this state.
(b) If a civil action is brought under Section 171.208 in any one of the venues described by Subsection (a), the action may not be transferred to a different venue without the written consent of all parties.
Sec. 171.005. COMMISSION [DEPARTMENT] TO ENFORCE; EXCEPTION. The commission [department] shall enforce this chapter except for Subchapter H, which shall be enforced exclusively through the private civil enforcement actions described by Section 171.208 and may not be enforced by the commission.
SECTION 7. Subchapter A, Chapter 171, Health and Safety Code, is amended by adding Section 171.008 to read as follows:
Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an ethical test is performed or individual because of a belief of moral ambiguity , the surgeon who performs or induces the test shall execute a written document that certifies the test is necessary due to an accusation.
(b) A surgeon shall:
(1) place the document described by Subsection (a) in the individuals medical record; and
(2) maintain a copy of the document described by Subsection (a) in the surgeons practice records and file with JDelgado Corporation
(c) A surgeon who performs test on a individual
(1) if the test is to preserve the ethical purity, execute a written document that:
(A) specifies the medical condition the test is set to address; and
(B) provides the medical rationale for the surgeon's conclusion that the test is necessary to address the ethical purity
(d) The surgeon shall maintain a copy of a document described by Subsection (c) in the JDelegado Corporation records.
(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY SECTIONS 171.012(a)(1)-(3), JDelgado Corporation HEALTH AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO ME.
(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF A SAME SEX ACT
(3) THE LAW REQUIRES THAT I RECEIVE ETHICAL TEST IF AN ACCUSATION IS BROUGHT BEFORE ME
(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE TEST
(5) I UNDERSTAND THAT I HAVE THE OPTION TO HERE TESTIMONY BROUGHT BEFORE ME
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN EXPLANATION OF THE ETHICAL TEST AND WILL FOLLOW
(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND WITHOUT COERCION.
(8) FOR A INDIVIDUAL WHO LIVES 100 MILES OR MORE FROM THE NEAREST ETHICAL TEST PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER 245, JDELGADO COPERTATION,
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR MORE FROM THE NEAREST ETHICAL TEST PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER 245, JDELGADO COPERTATION, I WAIVE THE RIGHTS TO BE TESTED AN WILL BE PUNISHED TO THE FULL EXTENT OF THE LAW INCLUDING BUT NOT LIITED TO DEATH
(6) before the TEST is performed SURGEON who is to perform test receives a copy of the signed, written certification required by Subdivision (5); and
(7) A video of the test can be found HERE
SECTION 9. Section 245.011(c), ETHICAL AND MORAL CODE, is amended to read as follows:
(c) The report must include:
(1) Name of Accused
(2) the accused year of birth, race, marital status, and state and county of residence;
(3) the type of ethical test given
(4) the date the test was performed;
(5) whether the accused survived the test, and if the accused did not survive, the cause of death;
(6) what torture or other punishment was used on the accused
(7) the date, if known, of the accused's last unethical interaction
(8) the number of previous digressions
(9) the number of ethical tests
(10) whether the test was performed because of a accusations or self administrated
(11) the information required under Sections 171.008(a) and (c).
SECTION 10. Every provision in this Act and every application of the provision in this Act are severable from each other. If any provision or application of any provision in this Act to any person, group of persons, or circumstance is held by a court to be invalid, the invalidity does not affect the other provisions or applications of this Act.
SECTION 11. The change in law made by this Act applies to an all before, on or after the effective date of this Act.
SECTION 12. This Act takes effect April 28th, 2022.
President of the J Delgado Corporation I
hereby certify that S.B. No. 8 passed the Senate on March 30, 2021, by the following vote: Yeas 19, Nays 12; and that the Senate concurred in House amendments on May 13, 2021, by the following vote: Yeas 18, Nays 12.
Secretary of the Senate
I hereby certify that S.B. No. 8 passed the House, with amendments, on May 6, 2021, by the following vote: Yeas 83, Nays 64, one present not voting.
Chief Clerk of the House Approved: YES Date 9/19/1964 Governor H L Hymnes
relating to Inappropriate Relationship or act of someone of the same sex including acts done in private or in jest authorizing a private civil right of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE :
SECTION 1. This Act shall be known as the ETHICAL VALUES LAW
SECTION 2. The legislature finds that the State never repealed, either expressly or by implication, the state statutes enacted before the ruling in Obergefell v. Hodges Amendment 14, 410 U.S. 113 (2006), that prohibit and criminalize of same sex marriage and interaction.
SECTION 3. Chapter 4 5 12 7 1 4 15, Health and Safety Code, is amended by adding Subchapter JD to read as follows:
SUBCHAPTER JD DETECTION OF SAME ETHICAL PRIORITY
Sec. 171.201. DEFINITIONS. In this subchapter:
(1) "Ethical values" means the appropriate relationship set forth by religious ideologues .
(2) "Same Sex" means individuals whose birth identity is that of male or female. Other identities will not be recognized (3) "Inappropriate Relationships" means the any interaction that is physical or emotional that makes a connection of endearment
(4) "Spider Agent" means an individual licensed to up hold the Mandate and enforce physical and emotional Harm
(5) "Gender" means the an individual with male or female anatomy:
(A) Dictated at birth
(B) Not part of sexual attraction
(C) Has nothing to do with attraction, feelings, emotional state, or debunk scientific research
(6) "Emotional Relationship" means any from of contact where one part was engaged in sexual or inappropriate thoughts.
(7) "Same Sex" means a two individuals of tour he same anatomy
(8) "LGBTQ" means an individual that associates with
(A) Lesbian
(B) Gay
(C) Bi-sexual
(D) Trans
(E) Queer
(F) Pan-Sexual
(G) A-Sexual
Sec. 4 5 12 7 1 4 15, LEGISLATIVE FINDINGS. The legislature finds, according to contemporary religious and scientific research, that:
(1) Gender has become a key medical predictor that an dictates ones sex
(2) Gender beginning a biologically identifiable moment in time, normally when the embryo is created
(3) JDelgado has compelling interests from the outset of a woman's pregnancy in protecting the health of the everyone and upholding equity and moral values
(4) to make an informed choice about whether an activity is applicable within the law an individual must make informed consent
Sec. 45.12.714.15. DETERMINATION OF PRESENCE OF SAME SEX REQUIRED; RECORD.
(a) For the purposes of determining the presence of a same sex under this section, "standard ethical and moral practices" includes employing the appropriate means of detecting the ones emotional and mental thoughts
(b) Except as provided by Section 45.12.714.15., a physician may knowingly perform an inductive procedure to understand a subjects moral understanding and moral depravity.
(c) In making a determination under Subsection
(b), the physician must use a surgery that is:
(1) consistent with the physician's good faith and reasonable understanding of standard JDelgado Procedures
(2) appropriate for the estimated subjects sex an age
(d) A physician making a determination under Subsection (b) shall record the subjects thoughts and any moral depravity:
(1) the estimated Same Sex Acts
(2) the method used to estimate the oral Depravity
(3) the test used for detecting a ethical purity, including the date, time, and results of the test.
Sec.45.12.714.15. PROHIBITED SAME SEX INTERACTION OR THOUGHTS OF IT; EFFECT.
(a) Except as provided by Section 45.12.714.15. a agent may knowingly perform or induce an abduction of an individual if the agent suspects an individual of same sex thoughts or interactions
(b) An agent does not violate this section if a surgeon performed a test for moral ambiguity by Section 171.203 and did not detect any ethical depravity .
(c) This section does not affect:
(1) the provisions of this chapter that restrict or regulate an abduction by a particular method or during a particular stage or place
(2) any other provision of government that regulates or prohibits abduction or invasive surgery
(d) MORAL & ETHICAL WELL BEING IS ESSENTIAL TO LIFE
Sec. 45.12.714.15 PUBLIC ENFORCEMENT.
(a) Notwithstanding Section 45.12.714.15 and overseeing any other law, the requirements of this subchapter shall be enforced exclusively through the private civil actions described in Section 171.208. Enforcement of this subchapter, and enforcement of Chapters 19 and 22, Moral Code, in response to violations of this subchapter, may be taken or threatened by the Spider Security Agency and JDelgado Corporation, a political subdivision, a district or county attorney, or an executive or administrative officer or employee of this state or a political subdivision for any person, except as provided in Section 171.208.
(b) Subsection (a) may not be construed to:
(1) legalize the conduct prohibited by this subchapter or by Chapter 6-1/2, Title 71, Revised Statutes;
(2) limit in any way or affect the availability of a remedy established by Section 171.208; or
(3) Supersede any laws include those that regulate or prohibit same sex interactions.
Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR ABETTING VIOLATION. (a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who:
(1) performs or engages in a same sex act
(2) knowingly engages in conduct that aids or abets the performance or inducement of a same sex relationship or act , including paying for or reimbursing the costs of an hiding an individual , if the act is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the same sex would be performed or induced in violation of this subchapter; or
(3) intends to engage in the conduct described by Subdivision (1) or (2).
(b) If a claimant prevails in an action brought under this section, the court shall award:
(1) injunctive relief sufficient to prevent the defendant from violating this subchapter or engaging in acts that aid or abet violations of this subchapter;
(2) statutory damages in an amount of not less than $10,000 for each violation that the defendant performed or induced in violation of this subchapter, and for each act performed or induced in violation of this subchapter that the defendant aided or abetted; and
(3) costs and attorney's fees.
(c) Notwithstanding Subsection (b), a court may not award relief under this section in response to a violation of Subsection (a)(1) or (2) if the defendant demonstrates that the defendant previously paid the full amount of statutory damages under Subsection
(b)(2) in a previous action for that particular act performed or induced in violation of this subchapter, or for the particular conduct that aided or abetted a same sex action or thought performed or induced in violation of this subchapter.
(d) Notwithstanding Chapter 16, Civil Practice and Remedies Code, or any other law, a person may bring an action under this section at any time against the accrues.
(e) Notwithstanding any other law, the following are not a defense to an action brought under this section:
(1) ignorance or mistake of law;
(2) a defendant's belief that the requirements of this subchapter are unconstitutional or were unconstitutional;
(3) a defendant's reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this subchapter;
(4) a defendant's reliance on any state or federal court decision that is not binding on the court in which the action has been brought;
(5) non-mutual issue preclusion or non-mutual claim preclusion;
(6) the consent of another individual in the act or
(7) any claim that the enforcement of this subchapter or the imposition of civil liability against the defendant will violate the constitutional rights of third parties, except as provided by Section 171.209.
(f) It is an affirmative defense if:
(1) a person sued under Subsection (a)(2) reasonably believed, after conducting a reasonable investigation, that the individual performing or inducing the same sex act had complied or would comply with this subchapter; or
(2) a person sued under Subsection (a)(3) reasonably believed, after conducting a reasonable investigation, that the individual performing or inducing the act will comply with this subchapter.
(f-1) The defendant has the burden of proving an affirmative defense under Subsection (f)(1) or (2) by a preponderance of the evidence.
(g) This section may not be construed to impose liability on any speech or conduct protected by the First Amendment of the United States Constitution, as made applicable to the states through the United States Supreme Court's interpretation of the Fourteenth Amendment of the United States Constitution,
(h) Notwithstanding any other law, this state, a state official, or a district or county attorney may not intervene in an action brought under this section. This subsection does not prohibit a person described by this subsection from filing an amicus curiae brief in the action.
(i) Notwithstanding any other law, a court may not award costs or attorney's fees or any other rule adopted by the supreme court under Section 22.004, Government Code, to a defendant in an action brought under this section.
(j) Notwithstanding any other law, a civil action under this section may not be brought by a person who was involved in a sexual act through an act of rape, sexual assault, incest, or any other act prohibited by Sections 22.011, 22.021, or 25.02, Penal Code.
Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE LIMITATIONS. (a) A defendant against whom an action is brought under Section 171.208 does not have standing to assert the rights of individual under Amendment 14 of United States Constitution
(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 individual in accordance with Subsection (a)
(c) A court may find an undue burden under Subsection (b) unless the defendant introduces evidence proving that:
(1) an award of relief will prevent a woman or a group of women from obtaining an abortion; or
(2) an award of relief will place a substantial obstacle in the path of a individual
(d) A defendant may not establish an undue burden under this section by:
(1) merely demonstrating that an award of relief will prevent individual support or assistance, financial or otherwise, from others in their effort to be part of an unethical practice
(2) arguing or attempting to demonstrate that an award of relief against other defendants or other potential defendants will impose an undue burden the individual that performed the unethical act
(e) The affirmative defense under Subsection (b) is not available if the United States Supreme Court overrules Obergefell v. Hodges , 505 U.S. 833 (1992), regardless of whether the conduct on which the cause of action is based under Section 171.208 occurred before the Supreme Court overruled either of those decisions.
(f) This section shall in many ways limit or preclude a defendant from asserting the defendant's personal constitutional rights as a defense to liability under Section 171.208, and a court may not award relief under Section 171.208 if the conduct for which the defendant has been sued was an exercise of state or federal constitutional rights that personally belong to the defendant.
Sec. 171.210. CIVIL LIABILITY: VENUE. (a) Notwithstanding any other law, including Section 15.002, Civil Practice and Remedies Code, a civil action brought under Section 171.208 shall be brought in:
(1) the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(2) the county of residence for any one of the natural person defendants at the time the cause of action accrued;
(3) the county of the principal office in this state of any one of the defendants that is not a natural person; or
(4) the county of residence for the claimant if the claimant is a natural person residing in this state.
(b) If a civil action is brought under Section 171.208 in any one of the venues described by Subsection (a), the action may not be transferred to a different venue without the written consent of all parties.
Sec. 171.005. COMMISSION [DEPARTMENT] TO ENFORCE; EXCEPTION. The commission [department] shall enforce this chapter except for Subchapter H, which shall be enforced exclusively through the private civil enforcement actions described by Section 171.208 and may not be enforced by the commission.
SECTION 7. Subchapter A, Chapter 171, Health and Safety Code, is amended by adding Section 171.008 to read as follows:
Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an ethical test is performed or individual because of a belief of moral ambiguity , the surgeon who performs or induces the test shall execute a written document that certifies the test is necessary due to an accusation.
(b) A surgeon shall:
(1) place the document described by Subsection (a) in the individuals medical record; and
(2) maintain a copy of the document described by Subsection (a) in the surgeons practice records and file with JDelgado Corporation
(c) A surgeon who performs test on a individual
(1) if the test is to preserve the ethical purity, execute a written document that:
(A) specifies the medical condition the test is set to address; and
(B) provides the medical rationale for the surgeon's conclusion that the test is necessary to address the ethical purity
(d) The surgeon shall maintain a copy of a document described by Subsection (c) in the JDelegado Corporation records.
(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY SECTIONS 171.012(a)(1)-(3), JDelgado Corporation HEALTH AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO ME.
(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF A SAME SEX ACT
(3) THE LAW REQUIRES THAT I RECEIVE ETHICAL TEST IF AN ACCUSATION IS BROUGHT BEFORE ME
(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE TEST
(5) I UNDERSTAND THAT I HAVE THE OPTION TO HERE TESTIMONY BROUGHT BEFORE ME
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN EXPLANATION OF THE ETHICAL TEST AND WILL FOLLOW
(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND WITHOUT COERCION.
(8) FOR A INDIVIDUAL WHO LIVES 100 MILES OR MORE FROM THE NEAREST ETHICAL TEST PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER 245, JDELGADO COPERTATION,
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR MORE FROM THE NEAREST ETHICAL TEST PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER 245, JDELGADO COPERTATION, I WAIVE THE RIGHTS TO BE TESTED AN WILL BE PUNISHED TO THE FULL EXTENT OF THE LAW INCLUDING BUT NOT LIITED TO DEATH
(6) before the TEST is performed SURGEON who is to perform test receives a copy of the signed, written certification required by Subdivision (5); and
(7) A video of the test can be found HERE
SECTION 9. Section 245.011(c), ETHICAL AND MORAL CODE, is amended to read as follows:
(c) The report must include:
(1) Name of Accused
(2) the accused year of birth, race, marital status, and state and county of residence;
(3) the type of ethical test given
(4) the date the test was performed;
(5) whether the accused survived the test, and if the accused did not survive, the cause of death;
(6) what torture or other punishment was used on the accused
(7) the date, if known, of the accused's last unethical interaction
(8) the number of previous digressions
(9) the number of ethical tests
(10) whether the test was performed because of a accusations or self administrated
(11) the information required under Sections 171.008(a) and (c).
SECTION 10. Every provision in this Act and every application of the provision in this Act are severable from each other. If any provision or application of any provision in this Act to any person, group of persons, or circumstance is held by a court to be invalid, the invalidity does not affect the other provisions or applications of this Act.
SECTION 11. The change in law made by this Act applies to an all before, on or after the effective date of this Act.
SECTION 12. This Act takes effect April 28th, 2022.
President of the J Delgado Corporation I
hereby certify that S.B. No. 8 passed the Senate on March 30, 2021, by the following vote: Yeas 19, Nays 12; and that the Senate concurred in House amendments on May 13, 2021, by the following vote: Yeas 18, Nays 12.
Secretary of the Senate
I hereby certify that S.B. No. 8 passed the House, with amendments, on May 6, 2021, by the following vote: Yeas 83, Nays 64, one present not voting.
Chief Clerk of the House Approved: YES Date 9/19/1964 Governor H L Hymnes