Relating to prohibitions on the manufacture and provision of abortion-inducing drugs, including the jurisdiction of and effect of certain judgments by courts within and outside this state with respect to the manufacture and provision of those drugs, and to protections from certain counteractions under the laws of other states and jurisdictions; authorizing qui tam actions.

Contracts

• Logistics & Supply Chain MSAs: Master Service Agreements with upstream shippers must be amended to include strict indemnification clauses. Require shippers to warrant that packages do not contain prohibited pharmaceuticals.
• PBM & TPA Agreements: Employers must amend contracts with Pharmacy Benefit Managers (PBMs) and Third-Party Administrators (TPAs) to explicitly block mail-order fulfillment of mifepristone/misoprostol to Texas zip codes.
• Venue Clauses: Be aware that Sec. 171A.106(c) voids any contract provision attempting to transfer venue outside Texas or apply another state's law regarding these claims.

Hiring/Training

• "Common Carrier" Policy Training: To utilize the statutory exemption for carriers, you must prove you adopted and implemented a policy prohibiting the transport of these drugs. You must train logistics staff on this policy and retain attendance logs as proof of implementation.
• Mailroom Protocols: Staff handling incoming mail for large corporate campuses should be trained to identify and segregate potential pharmaceutical shipments for review.

Reporting & Record-Keeping

• Affirmative Defense Log: Create an internal compliance log documenting "reasonable precautions" taken to prevent the delivery of these drugs. This is your primary evidence in a defense scenario.
• Board Resolutions: For common carriers, the policy prohibiting transport must be formally adopted. Keep the Board Resolution or Executive Order on file indefinitely.

Fees & Costs

• Litigation Reserves: The statutory minimum penalty is $100,000 per violation, plus attorney’s fees.
• Insurance Review: General Liability and Professional Liability policies likely exclude these civil penalties. Review Directors & Officers (D&O) coverage, as failure to implement the "Common Carrier Policy" may be viewed as a breach of fiduciary duty.