COMMISSIONERS COURT OF MITCHELL COUNTY

ORDINANCE NO. ___________________

AN ORDINANCE OF THE COMMISSIONERS COURT OF MITCHELL COUNTY,

TEXAS, OUTLAWING ABORTION WITHIN THE UNINCORPORATED AREA OF
MITCHELL COUNTY, DECLARING MITCHELL COUNTY A SANCTUARY COUNTY
FOR THE UNBORN, MAKING VARIOUS PROVISIONS AND FINDINGS;
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, the Mitchell County Commissioners’ Court finds that human life begins at
conception; and

WHEREAS, the Mitchell County Commissioners’ Court finds that abortion is a murderous act of
violence that purposefully and knowingly terminates an unborn human life; and

WHEREAS, the Mitchell County Commissioners’ Court finds all unborn children are human
beings who are entitled to the full and equal protection of the laws that prohibit violence against
other human beings; and

WHEREAS, the Mitchell County Commissioners’ Court finds that Texas men and women are
being hurt and traumatized by abortion across our Texas–New Mexico border and sent back to
Texas for our county and our cities to deal with the aftermath in our homes, schools, churches,
and our hospital; and
WHEREAS, the Mitchell County Commissioners’ Court finds that in addition to the
life-affirming services which are already being provided by organizations in Mitchell County, the
Texas Alternatives to Abortion program is in place, which promotes childbirth and provides
support services to pregnant mothers and their families, adoptive parents, and parents whose
lives have been affected by miscarriage or loss of a child, finding the services provided as a part
of the Alternatives to Abortion program to include: counseling, mentoring, educational
information and resources including classes on pregnancy, parenting, adoption, life skills and
employment preparedness; material assistance covering basic needs, such as car seats, clothing,
diapers, and formula; care coordination help through referrals to government assistance programs
and other social services programs; call center for information and appointment scheduling; and
housing and support services through maternity homes, and finding that the program is available
to any Texas resident who is a United States citizen or legal immigrant and is: the biological
mother or father of an unborn child, the biological mother or father of a child, for up to three
years postpartum; the parent, legal guardian, or adult caregiver of a minor who is a program
client; a parent who has experienced miscarriage or loss of a child; or an adoptive parent of a
child of any age, for up to two years after adoption finalization, and finds these services clearly
accessible at the Texas Pregnancy Care Network website at www.texaspregnancy.org; and
WHEREAS, the Mitchell County Commissioners’ Court finds that the United States Supreme
Court’s ruling in Dobbs v. Jackson Women’s Health Organization, No. 19-1392, correctly
overruled the Court’s lawless and unconstitutional pronouncements in Roe v. Wade, 410 U.S. 113
(1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992),
which had invented and perpetuated a supposed constitutional right to abortion that cannot be
found anywhere in the language of the Constitution; and
WHEREAS, the Mitchell County Commissioners’ Court finds that the ruling in Dobbs restores
the prerogatives of state and local governments to regulate and prohibit abortion as they see fit;
and
WHEREAS, the Mitchell County Commissioners’ Court finds that in the 86th Legislative
Session, the State of Texas prohibited any political subdivision of the State of Texas, including
Mitchell County, from using taxpayer dollars to fund any abortion provider or any affiliate of an
abortion provider. In the prohibition the State Legislature made clear that the law may not be
construed to restrict a municipality or county from prohibiting abortion. See Tex. Gov’t Code
§ 2272.005. (“This chapter may not be construed to restrict a municipality or county from
prohibiting abortion.”); and
WHEREAS, the Mitchell County Commissioners’ Court finds that in the 87th Legislative
Session, the State of Texas explicitly allowed municipalities and political subdivisions to outlaw
and prohibit abortion, and to establish penalties and remedies against those who perform or
enable unlawful abortions. See Tex. Gov’t Code § 311.036(b) (“A statute may not be construed
to restrict a political subdivision from regulating or prohibiting abortion in a manner that is at
least as stringent as the laws of this state unless the statute explicitly states that political
subdivisions are prohibited from regulating or prohibiting abortion in the manner described by
the statute.”); and
WHEREAS, the Mitchell County Commissioners’ Court finds that federal law imposes felony
criminal liability on every person who ships or receives abortion pills or abortion-related
paraphernalia in interstate or foreign commerce, see 18 U.S.C. §§ 1461–62, and all such acts are
predicate offenses under the federal Racketeer Influenced and Corrupt Organizations Act
(RICO), see 18 U.S.C. § 1961; and
WHEREAS, the Mitchell County Commissioners’ Court finds that the members of the county
commission are bound by oath to support and defend the Constitution of the United States, and
that the statutory provisions codified at 18 U.S.C. §§ 1461–62 are the “supreme Law of the
Land” under Article VI of the Constitution and must be obeyed and respected by every person
within Mitchell County. See U.S. Const. art. VI (“[T]he Laws of the United States . . . shall be
the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in
the Constitution or Laws of any State to the Contrary notwithstanding.”); and
WHEREAS, the Mitchell County Commissioners’ Court finds that in order to protect the health
and welfare of all residents within the unincorporated area of Mitchell County, including the
unborn, and to ensure the federal prohibitions on the shipment of abortion pills and
abortion-related paraphernalia are obeyed, that an ordinance can and should be passed impacting
the unincorporated area of Mitchell County. See Tex. Gov’t Code § 2272.005 and Tex. Gov’t
Code § 311.036(b); and
WHEREAS, the Mitchell County Commissioners’ Court recognizes their ordinance as only
covering the unincorporated area of the county, any incorporated municipality within Mitchell
County wishing to have similar protections for unborn children should make sure their cities
have ordinances covering the area within their city limits - as allowed by state law. See Tex.
Local Gov’t Code § 54.001(b)(1); Tex. Gov’t Code § 2272.005; and Tex. Gov’t Code
§ 311.036(b).
NOW, THEREFORE BE IT ORDAINED BY THE COMMISSIONERS COURT OF
MITCHELL COUNTY, TEXAS:
 SECTION 1: GENERAL INFORMATION

A. PURPOSE AND INTENT

(1) The purpose of this Ordinance is to prohibit abortion and abortion-inducing drugs in the
unincorporated area of Mitchell County and to make itself expressly clear that Mitchell
County has every intention to stand in full compliance with the state and federal laws on
abortion which Mitchell County is obligated to abide by.

(2) To protect public health, safety, and/or welfare, the provisions herein are to be recognized
and enforced to their full extent.

B. STATUTORY AUTHORITY

The intent of the Mitchell County Commissioners Court is that this ordinance is well within our
authority and in full agreement with Texas Government Code § 2272.005 and Texas Government
Code § 311.036(b).

C. DEFINITIONS

For the purposes of this ordinance, the following definitions shall apply:
(1) “Abortion” means the act of using, prescribing, administering, procuring, or selling of
any instrument, medicine, drug, or any other substance, device, or means with the
purpose to terminate the pregnancy of a woman, with knowledge that the termination by
any of those means will with reasonable likelihood cause the death of an unborn child.
The term does not include:
(A) In vitro fertilization or fertility treatments of any type;
(B) The use, prescription, administration, procuring, or selling of Plan B,
morning-after pills, intrauterine devices, or any other type of contraception or
emergency contraception; or
(C) An act performed with the purpose to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy, the implantation of a fertilized egg or
embryo outside of the uterus.
(2) “Abortion-inducing drugs” includes mifepristone, misoprostol, and any drug or
medication that is used to terminate the life of an unborn child. The term does not
include:
(A) Plan B, morning-after pills, intrauterine devices, or any other type of
contraception or emergency contraception; or
(B) Drugs or medications that are possessed or distributed for a purpose that does
not include the termination of a pregnancy, such as misoprostol that is possessed
or distributed for the purpose of treating stomach ulcers.
(3) “Abortion doula services” include acts that aid or abet abortions by providing
informational, logistical, emotional, or physical support that would make someone an
accomplice to abortion under the principles of complicity set forth in section 7.02 of the
Texas Penal Code. The term does not include:
(A) The provision of truthful information regarding the availability of abortion
services that are legally permitted under the law of the jurisdiction in which they
offered; or
(B) The provision of emotional support to a woman who has completed an
abortion.
(4) “Abortion fund” means a corporation, organization, government or governmental
subdivision or agency, business trust, estate, trust, partnership, association, or any other
legal entity that exists for the purpose of aiding or abetting elective abortions, and that
pays for, reimburses, or subsidizes in any way the costs associated with obtaining an
elective abortion.
(5) “Abortion provider” means a person, corporation, organization, government or
governmental subdivision or agency, business trust, estate, trust, partnership, association,
or any other legal entity that performs elective abortions.
(6) “Affiliate” means a person or entity who enters into with another person or entity a
legal relationship created or governed by at least one written instrument, including a
certificate of formation, a franchise agreement, standards of affiliation, bylaws, or a
license, that demonstrates:
(A) common ownership, management, or control between the parties to the
relationship;
(B) a franchise granted by the person or entity to the affiliate; or
(C) the granting or extension of a license or other agreement authorizing the
affiliate to use the other person’s or entity’s brand name, trademark, service mark,
or other registered identification mark.
(7) “County” shall mean the county of Mitchell County, Texas.
(8) “Elective abortion” means any abortion that is not performed or induced in response
to a medical emergency.
(9) “Fertilization” means the fusion of a human spermatozoon with a human ovum.
(10) “Governmental entity” means this state, a state agency in the executive, judicial, or
legislative branch of state government, or a political subdivision of this state.
(11) “Human being” means an individual member of the species Homo sapiens at any
stage of development beginning at fertilization;
(12) “Interactive computer service” means any information service, system, or access
software provider that provides or enables computer access by multiple users to a
computer server, including specifically a service or system that provides access to the
Internet and such systems operated or services offered by libraries or educational
institutions.
 (13) “Medical emergency” means a life-threatening physical condition aggravated by,
caused by, or arising from a pregnancy that, as certified by a physician, places the woman
in danger of death or a serious risk of substantial impairment of a major bodily function
unless an abortion is performed.
(14) “Unborn child” means an individual organism of the species Homo sapiens in any
stage of gestation from fertilization until live birth;
(15) “Woman” and “women” include (but are not limited to) any person whose biological
sex is female, including any person with XX chromosomes and any person with a uterus,
regardless of any gender identity that the person may attempt to assert or claim.
SECTION 2: UNLAWFUL ACTIONS

A. ABORTION PROHIBITED WITHIN THE UNINCORPORATED AREA OF

MITCHELL COUNTY, TEXAS
(a) It shall be unlawful for any person to procure or perform an elective abortion of any type and
at any stage of pregnancy in the unincorporated area of Mitchell County, Texas. The prohibition
in this section extends to drug-induced abortions in which any portion of the drug regimen is
ingested in the unincorporated area of Mitchell County, Texas, and it applies regardless of where
the person who performs or procures the abortion is located.
(b) It shall be unlawful for any person to knowingly engage in conduct that aids or abets an
abortion if the abortion is performed in violation of subsection (a), regardless of whether the
person knew that the abortion would be performed in violation of subsection (a). The phrase
“conduct that aids or abets an abortion” includes but is not limited to, the following acts:
(1) Providing transportation to or from an abortion provider;
(2) Giving instructions over the telephone, the internet, or any other medium of
communication regarding self-administered abortion or self-managed abortion or the
means of obtaining elective abortions, regardless of where the person giving the
instructions is located;
(3) Creating, editing, uploading, publishing, hosting, maintaining, or registering a domain
name for a website, platform, or other interactive computer service that assists or
facilitates efforts to obtain elective abortions;
(4) Creating, editing, programming, or distributing any application or software for use on
a computer or electronic device that is intended to enable individuals to obtain elective
abortions or to facilitate access to such abortions;
(5) Offering or providing money, digital currency, or other resources with the knowledge
that it will be used to pay for, offset, or reimburse the costs of an abortion or the costs
associated with procuring an abortion, including any type of donation to an abortion
provider or abortion fund that performs or aids or abets abortions;
(6) Offering, providing, or lending money, digital currency, resources, or any other thing
of value to an abortion provider, an abortion fund, or an affiliate of an abortion provider
or abortion fund;
 (7) Performing or providing any type of work or services for an abortion provider or
abortion fund, regardless of whether such work or services is done on a paid, contract, or
volunteer basis;
(8) Paying, offering to pay, or providing insurance that covers the legal expenses or court
judgments or settlements of those who perform or assist elective abortions;
(9) Providing or arranging for insurance coverage of an elective abortion;
(10) Offering or providing “abortion doula” services for an elective abortion;
(11) Providing referrals to an abortion provider for a woman seeking an elective abortion;
(12) Coercing or pressuring a pregnant woman to have an abortion against her will; and
(13) Engaging in any conduct that would make one an accomplice to an elective abortion
under the principles of complicity set forth in section 7.02 of the Texas Penal Code.
(c) Notwithstanding any other law, subsections (a) and (b) do not prohibit:
(1) abortions performed or induced in response to a medical emergency, or any conduct
that aids or abets or attempts to aid or abet such abortions;
(2) speech or conduct protected by the First Amendment of the United States
Constitution, as made applicable to the states through the Supreme Court of the United
States’ interpretations of the Fourteenth Amendment of the United States Constitution, or
by article 1, section 8 of the Texas Constitution;
(3) conduct that Mitchell County is forbidden to regulate under federal law or the
Constitution of the United States;
(4) conduct taken by a pregnant woman who aborts or seeks to abort her unborn child;
(5) The provision of basic public services, including fire and police protection and
utilities, by a governmental entity or a common carrier to an abortion provider, an
abortion fund, or an affiliate of an abortion provider or abortion fund in the same manner
as the entity provides those services to the general public;
(6) conduct taken at the behest of federal agencies, contractors, or employees that are
carrying out duties under federal law, if a prohibition on that conduct would violate the
doctrines of preemption or intergovernmental immunity.
(d) Under no circumstance may the mother of the unborn child that has been aborted, or the
pregnant woman who seeks to abort her unborn child, be subject to prosecution or penalty under
this section.
(e) Notwithstanding any other law, the requirements of this section shall be enforced exclusively
through the private civil actions described in Section 2E. No direct or indirect enforcement of
this section may be taken or threatened by Mitchell County, or by any officer or employee of this
county, by any means whatsoever, and no violation of this section may be used to justify or
trigger the enforcement of any other law or any type of adverse consequence under any other
law, except as provided in Section 2E. This section does not preclude or limit the enforcement of
any other law or regulation against conduct that is independently prohibited by such other law or
regulation, and that would remain prohibited by such other law or regulation in the absence of
this section.
B. ABORTIONS PERFORMED ON RESIDENTS OF THE UNINCORPORATED AREA
OF MITCHELL COUNTY, TEXAS
(a) It is the policy of Mitchell County to protect its unborn residents in the unincorporated area of
our county from individuals and organizations that aid or abet the killing of unborn children, and
to protect the unborn from those who seek to kill or otherwise harm them, to the maximum
extent permissible under state and federal law. The prohibitions in this section and chapter shall
apply extraterritorially to the maximum extent permitted by the Constitution of the United States
and the Texas Constitution.
(b) Except as provided by Subsection (c), it shall be unlawful for any person to knowingly
perform an elective abortion or knowingly engage in conduct that aids or abets an elective
abortion if the abortion is performed on a resident of the unincorporated area of Mitchell County,
regardless of the location of the abortion, regardless of the law in the jurisdiction where the
abortion occurred, and regardless of whether the person knew or should have known that the
abortion was performed or induced on a resident of the unincorporated area of Mitchell County.
The phrase “conduct that aids or abets an abortion” includes but is not limited to, the following
acts:
(1) Providing transportation to or from an abortion provider;
(2) Giving instructions over the telephone, the internet, or any other medium of
communication regarding self-administered abortion or self-managed abortion or the
means of obtaining elective abortions, regardless of where the person giving the
instructions is located;
(3) Creating, editing, uploading, publishing, hosting, maintaining, or registering a domain
name for a website, platform, or other interactive computer service that assists or
facilitates efforts to obtain elective abortions;
(4) Creating, editing, programming, or distributing any application or software for use on
a computer or electronic device that is intended to enable individuals to obtain elective
abortions or to facilitate access to such abortions;
(5) Offering or providing money, digital currency, or other resources with the knowledge
that it will be used to pay for, offset, or reimburse the costs of an abortion or the costs
associated with procuring an abortion, including any type of donation to an abortion
provider or abortion fund that performs or aids or abets abortions;
(6) Offering, providing, or lending money, digital currency, resources, or any other thing
of value to an abortion provider, an abortion fund, or an affiliate of an abortion provider
or abortion fund;
(7) Performing or providing any type of work or services for an abortion provider or
abortion fund, regardless of whether such work or services is done on a paid, contract, or
volunteer basis;
(8) Paying, offering to pay, or providing insurance that covers the legal expenses or court
judgments or settlements of those who perform or assist elective abortions;
(9) Providing or arranging for insurance coverage of an elective abortion;
(10) Offering or providing “abortion doula” services for an elective abortion;
 (11) Providing referrals to an abortion provider for a woman seeking an elective abortion;
(12) Coercing or pressuring a pregnant woman to have an abortion against her will; and
(13) Engaging in any conduct that would make one an accomplice to an elective abortion
under the principles of complicity set forth in section 7.02 of the Texas Penal Code.
(c) Notwithstanding any other law, subsection (b) does not prohibit:
(1) abortions performed or induced in response to a medical emergency, or any conduct
that aids or abets or attempts to aid or abet such abortions;
(2) speech or conduct protected by the First Amendment of the United States
Constitution, as made applicable to the states through the Supreme Court of the United
States’ interpretations of the Fourteenth Amendment of the United States Constitution, or
by article 1, section 8 of the Texas Constitution;
(3) conduct that Mitchell County is forbidden to regulate under federal law or the
Constitution of the United States;
(4) conduct taken by a pregnant woman who aborts or seeks to abort her unborn child;
(5) The provision of basic public services, including fire and police protection and
utilities, by a governmental entity or a common carrier to an abortion provider, an
abortion fund, or an affiliate of an abortion provider or abortion fund in the same manner
as the entity provides those services to the general public; and
(6) conduct taken at the behest of federal agencies, contractors, or employees that are
carrying out duties under federal law, if a prohibition on that conduct would violate the
doctrines of preemption or intergovernmental immunity.
(d) Notwithstanding any other law, the requirements of this section shall be enforced exclusively
through the private civil actions described in Section 2E. No direct or indirect enforcement of
this section may be taken or threatened by Mitchell County, or by any officer or employee of this
county, by any means whatsoever, and no violation of this section may be used to justify or
trigger the enforcement of any other law or any type of adverse consequence under any other
law, except as provided in Section 2E. This section does not preclude or limit the enforcement of
any other law or regulation against conduct that is independently prohibited by such other law or
regulation, and that would remain prohibited by such other law or regulation in the absence of
this section.
C. ABORTION-INDUCING DRUGS PROHIBITED WITHIN THE
UNINCORPORATED AREA OF MITCHELL COUNTY, TEXAS
(a) Except as provided by subsection (b), it shall be unlawful for any person to:
(1) Manufacture, possess, or distribute abortion-inducing drugs in the unincorporated area
of Mitchell County;
(2) Mail, transport, deliver, or provide abortion-inducing drugs in any manner to or from
any person or location in the unincorporated area of Mitchell County;
(3) Engage in any conduct that would make one an accomplice to the conduct described
in subsections (a)(1) and (a)(2) under the principles of complicity set forth in section 7.02
of the Texas Penal Code.
(b) Notwithstanding any other law, subsection (a) does not prohibit:
(1) speech or conduct protected by the First Amendment of the United States
Constitution, as made applicable to the states through the Supreme Court of the United
States’ interpretations of the Fourteenth Amendment of the United States Constitution, or
by article 1, section 8 of the Texas Constitution;
(2) conduct that Mitchell County is forbidden to regulate under federal or state law;
(3) conduct taken by a pregnant woman who aborts or seeks to abort her unborn child;
(4) the possession, distribution, mailing, transporting, delivery, or provision of
abortion-inducing drugs for a purpose that does not include termination of a pregnancy;
(5) the possession of abortion-inducing drugs resulting from an effort to entrap
individuals or entities that violate this section; and
(6) conduct taken at the behest of federal agencies, contractors, or employees that are
carrying out duties under federal law, if a prohibition on that conduct would violate the
doctrines of preemption or intergovernmental immunity.
(c) Notwithstanding any other law, the requirements of this section shall be enforced exclusively
through the private civil actions described in Section 2E. No direct or indirect enforcement of
this section may be taken or threatened by Mitchell County, or by any officer or employee of this
county, by any means whatsoever, and no violation of this section may be used to justify or
trigger the enforcement of any other law or any type of adverse consequence under any other
law, except as provided in Section 2E. This section does not preclude or limit the enforcement of
any other law or regulation against conduct that is independently prohibited by such other law or
regulation, and that would remain prohibited by such other law or regulation in the absence of
this section.
D. PROHIBITED ABORTION TRAFFICKING
(a) Except as provided by subsection (c), it shall be unlawful for any person to knowingly
transport any individual for the purpose of providing or obtaining an elective abortion, regardless
of where the elective abortion will occur. This section shall apply only if the transportation of
such individual begins, ends, or passes through the unincorporated area of Mitchell County.
(b) It shall be unlawful for any person to knowingly aid or abet the conduct described in
subsection (a). The prohibition in this section includes, but is not limited to, the following acts:
(1) Offering, providing, or lending money, digital currency, or other resources with the
knowledge that it will be used to pay for, offset, or reimburse the costs of transportation
prohibited by subsection (a); and
(2) Engaging in any conduct that would make one an accomplice to a violation of
subsection (a) under the principles of complicity set forth in section 7.02 of the Texas
Penal Code.
(c) Notwithstanding any other provision of law, this section shall not apply to:
(1) speech or conduct protected by the First Amendment of the United States
Constitution, as made applicable to the states through the Supreme Court of the United
 States’ interpretations of the Fourteenth Amendment of the United States Constitution, or
by Article 1, Section 8 of the Texas Constitution;
(2) conduct that Mitchell County is forbidden to regulate under federal or state law;
(3) conduct taken by a pregnant woman who aborts or seeks to abort her unborn child, or
who travels for the purpose of aborting her unborn child; and
(4) conduct taken at the behest of federal agencies, contractors, or employees that are
carrying out duties under federal law, if a prohibition on that conduct would violate the
doctrines of preemption or intergovernmental immunity.
(d) Under no circumstance may the mother of the unborn child that has been aborted, or the
pregnant woman who seeks to abort her unborn child, be subject to prosecution or penalty or
civil liability under this section.
(e) Notwithstanding any other law, the requirements of this section shall be enforced exclusively
through the private civil actions described in Section 2E. No direct or indirect enforcement of
this section may be taken or threatened by Mitchell County, or by any officer or employee of this
county, by any means whatsoever, and no violation of this section may be used to justify or
trigger the enforcement of any other law or any type of adverse consequence under any other
law, except as provided in Section 2E. This section does not preclude or limit the enforcement of
any other law or regulation against conduct that is independently prohibited by such other law or
regulation, and that would remain prohibited by such other law or regulation in the absence of
this section.
E. PRIVATE RIGHT OF ACTION
(a) Any person, other than Mitchell County, and any officer or employee of the county, has
standing to bring and may bring a civil action against any person or entity that:
(1) violates any provision of Section 2A, 2B, 2C, or 2D; or
(2) intends to violate any provision of Section 2A, 2B, 2C, or 2D.
PROVIDED, that no lawsuit may be brought under this section against a provider or user of an
interactive computer service if such a lawsuit would be preempted by 47 U.S.C. § 230(c).
(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 Section 2A, 2B,
2C, or 2D.
(2) nominal and compensatory damages if the plaintiff has suffered injury or harm from
the defendant’s conduct, including but not limited to loss of consortium and emotional
distress;
(3) statutory damages in an amount of not less than $10,000 for each violation of Section
2A, 2B, 2C, or 2D.; and
(4) costs and attorney’s fees.
(c) Notwithstanding Subsection (b), a court may not award relief under Subsection (b)(3) or
(b)(4) in response to a violation of Subsection (a)(1) if the defendant demonstrates that a court
has already ordered the defendant to pay the full amount of statutory damages under Subsection
(b)(3) in another action for that particular violation of Section 2A, 2B, 2C, or 2D.
(d) Notwithstanding any other law, a person may bring an action under this section not later than
the sixth anniversary of the date the cause of action 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 or provisions of this ordinance are
unconstitutional or were unconstitutional;
(3) a defendant’s reliance on any court decision that has been vacated, reversed, or
overruled on appeal or by a subsequent court, even if that court decision had not been
vacated, reversed, or overruled when the cause of action accrued;
(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) a defendant’s reliance on any federal statute, agency rule or action, or treaty that has
been repealed, superseded, or declared invalid or unconstitutional, even if that federal
statute, agency rule or action, or treaty had not been repealed, superseded, or declared
invalid or unconstitutional when the cause of action accrued;
(6) non-mutual issue preclusion or non-mutual claim preclusion;
(7) the consent of the plaintiff or the unborn child’s mother to the abortion;
(8) contributory or comparative negligence;
(9) assumption of risk; and
(10) any claim that the enforcement of this chapter or the imposition of civil liability
against the defendant will violate the constitutional rights of third parties, except as
provided by Section 2F.
(f) It is an affirmative defense if a person sued under this section:
(1) was unaware that it was engaged in conduct described in Section 2A, 2B, 2C, or 2D;
and
(2) took every reasonable precaution to ensure that it would not violate Section 2A, 2B,
2C, or 2D.
The defendant has the burden of proving an affirmative defense under this Subsection 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, or by article 1, section 8 of the Texas Constitution.
(h) Notwithstanding any other law, neither Mitchell County, nor any officer or employee of
Mitchell County may:
 (1) act in concert or participation with anyone who brings suit under this section;
(2) establish or attempt to establish any type of agency or fiduciary relationship with a
person who brings suit under this section;
(3) make any attempt to control or influence a person’s decision to bring suit under this
section or that person’s conduct of the litigation; or
(4) intervene in any action brought under this section.
This subsection does not prohibit a person or entity described by this subsection from filing an
amicus curiae brief in the action, so long as that person or entity does not act in concert or
participation with the plaintiff or plaintiffs who sue under this section or violate any provision of
Subsection (h)(1)–(4).
(i) Notwithstanding any other law, a court may not award costs or attorneys’ fees to a litigant
who is sued under this section.
(j) Notwithstanding any other law, a civil action under this section may not be brought:
(1) against the woman upon whom the abortion was performed or induced or attempted to
be performed or induced in violation of this ordinance, or against a pregnant woman who
intends or seeks to abort her unborn child in violation of this ordinance;
(2) against any person or entity that performs, aids or abets, or attempts or intends to
perform or aid or abet an abortion at the behest of federal agencies, contractors, or
employees that are carrying out duties under federal law, if a prohibition on that abortion
would violate the doctrines of preemption or intergovernmental immunity;
(3) against any common carrier that transports a pregnant woman to an abortion provider,
if the common carrier is unaware that the woman intends to abort her unborn child; or
(4) by any person who impregnated a woman seeking an abortion through an act of rape,
sexual assault, or incest, or by anyone who acts in concert or participation with such a
person.
(k) Notwithstanding any other law, a civil action under this section may be brought only in the
district courts of the state of Texas and may not be considered by any municipal or county court.
F. AFFIRMATIVE DEFENSES
(a) A defendant against whom an action is brought under Section 2E may assert an affirmative
defense to liability under this section if:
(1) the imposition of civil liability on the defendant will violate constitutional or federally
protected rights that belong to the defendant personally; or
(2) the defendant
(A) has standing to assert the rights of a third party under the tests for third-party
standing established by the Supreme Court of the United States; and
(B) demonstrates that the imposition of civil liability on the defendant will violate
constitutional or federally protected rights belonging to that third party.
 The defendant shall bear the burden of proving the affirmative defense in Subsection (a)
by a preponderance of the evidence.
(b) Nothing in this section or chapter shall limit or preclude a defendant from asserting the
unconstitutionality of any provision or application of this chapter as a defense to liability under
Section 2E, or from asserting any other defense that might be available under any other source of
law.
(c) Notwithstanding any other law, no court may apply the law of another state or jurisdiction to
any civil action brought under Section 2E, unless article VI of the Constitution of the United
States or the constitution or laws of the State of Texas compels it to do so.
SECTION 3: SEVERABILITY

A. SEVERABILITY

(a)  Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining
the severability of a state statute regulating abortion the Supreme Court of the United States held
that an explicit statement of legislative intent is controlling, it is the intent of the county that
every provision, section, subsection, sentence, clause, phrase, or word in this chapter, and every
application of the provisions in this chapter to every person, group of persons, or circumstances,
are severable from each other.

(b)  If any application of any provision in this chapter to any person, group of persons, or
circumstances is found by a court to be invalid, preempted, or unconstitutional, for any reason
whatsoever, then the remaining applications of that provision to all other persons and
circumstances shall be severed and preserved, and shall remain in effect. All constitutionally
valid applications of the provisions in this chapter shall be severed from any applications that a
court finds to be invalid, preempted, unconstitutional, because it is the county’s intent and
priority that every single valid application of every provision in this chapter be allowed to stand
alone.
(c) The county further declares that it would have enacted this chapter, and each provision,
section, subsection, sentence, clause, phrase, or word, and all constitutional applications of the
provisions of this chapter, irrespective of the fact that any provision, section, subsection,
sentence, clause, phrase, or word, or applications of this chapter were to be declared invalid,
preempted, or unconstitutional.
(d) If any provision of this chapter is found by any court to be unconstitutionally vague, then the
applications of that provision that do not present constitutional vagueness problems shall be
severed and remain in force, consistent with the severability requirements of Subsections (a), (b),
and (c).
(e) No court may decline to enforce the severability requirements of Subsections (a), (b), (c), and
(d) on the ground that severance would “rewrite” the ordinance or involve the court in legislative
or lawmaking activity. A court that declines to enforce or enjoins a state or county official from
enforcing a statute or ordinance is never rewriting a statute or engaging in legislative or
lawmaking activity, as the statute or ordinance continues to contain the same words as before the
court’s decision. A judicial injunction or declaration of unconstitutionality:
(1)  is nothing more than an edict prohibiting enforcement that may subsequently be
vacated by a later court if that court has a different understanding of the law;
 (2)  is not a formal amendment of the language in a statute or ordinance; and
(3)  no more rewrites a statute or ordinance than a decision by the executive not to
enforce a duly enacted statute or ordinance in a limited and defined set of circumstances.
(f) If any state or federal court disregards any of the severability requirements in Subsections (a),
(b), (c), (d), or (e), and declares or finds any provision of this chapter facially invalid, preempted,
or unconstitutional, when there are discrete applications of that provision can be enforced against
a person, group of persons, or circumstances without violating federal or state law, then that
provision shall be interpreted, as a matter of county law, as if the county had enacted a provision
limited to the persons, group of persons, or circumstances for which the provision’s application
will not violate federal or state law, and every court shall adopt this saving construction of that
provision until the court ruling that pronounced the provision facially invalid, preempted, or
unconstitutional is vacated or overruled.
SECTION 4: EFFECTIVE DATE

A. EFFECTIVE DATE

This ordinance shall go into immediate effect upon majority vote by the Mitchell County
Commissioner’s Court,

PASSED, ADOPTED, SIGNED and APPROVED,

COUNTY SEAL

__________ County Judge

__________ Commissioner Precinct 1
__________ Commissioner Precinct 2
__________ Commissioner Precinct 3
__________ Commissioner Precinct 4

ATTEST: _________ Mitchell County Clerk

FURTHER ATTESTED BY "WE THE PEOPLE", THE CITIZENS and WITNESSES TO THIS
PASSAGE OF THIS ORDINANCE, THIS ________ OF __________, THE YEAR OF OUR
LORD 2023.

WITNESS: ___________________________________________________________________

WITNESS: ___________________________________________________________________