Bill Text: TX HB16 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the enforcement of the rights of a living unborn child after an abortion; providing a civil penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 87-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB16 Detail]
Download: Texas-2019-HB16-Comm_Sub.html
Bill Title: Relating to the enforcement of the rights of a living unborn child after an abortion; providing a civil penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 87-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB16 Detail]
Download: Texas-2019-HB16-Comm_Sub.html
86R21987 SCL-F | |||
By: Leach, Bonnen of Galveston, Klick, | H.B. No. 16 | ||
Oliverson, Morrison, et al. | |||
Substitute the following for H.B. No. 16: | |||
By: Smith | C.S.H.B. No. 16 |
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relating to the enforcement of the rights of a living unborn child | ||
after an abortion; creating a civil cause of action; providing a | ||
civil penalty; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 151.002, Family Code, is | ||
amended to read as follows: | ||
Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR | ||
PREMATURE BIRTH; CIVIL ACTION. | ||
SECTION 2. Section 151.002, Family Code, is amended by | ||
adding Subsections (c), (d), (e), (f), (g), (h), (i), and (j) to | ||
read as follows: | ||
(c) For purposes of this section, a physician-patient | ||
relationship is established between a child born alive after an | ||
abortion and the physician who performed or attempted the abortion. | ||
The physician must exercise the same degree of professional skill, | ||
care, and diligence to preserve the life and health of the child as | ||
a reasonably diligent and conscientious physician would render to | ||
any other child born alive at the same gestational age. In this | ||
subsection, "professional skill, care, and diligence" includes a | ||
requirement that the physician who performed or attempted the | ||
abortion ensure that the child born alive be immediately | ||
transferred and admitted to a hospital. | ||
(d) A child born alive after an abortion or the child's | ||
parent or legal guardian may: | ||
(1) bring a civil action against a physician who | ||
performed or attempted the abortion if the physician violates | ||
Subsection (c) by failing to provide the appropriate medical | ||
treatment to the child; and | ||
(2) recover under a civil action described by | ||
Subdivision (1): | ||
(A) economic damages in an amount equal to three | ||
times the cost of the abortion; | ||
(B) other compensatory damages; | ||
(C) exemplary damages; and | ||
(D) reasonable and necessary attorney's fees. | ||
(e) A physician who prevails in a civil action described by | ||
Subsection (d) may recover reasonable attorney's fees incurred in | ||
defending the action. | ||
(f) Except as provided by Subsection (e), a woman on whom an | ||
abortion is performed may not be held liable under this section. | ||
(g) A physician who violates Subsection (c) by failing to | ||
provide the appropriate medical treatment to a child born alive | ||
after an abortion is liable to the state for a civil penalty in an | ||
amount not less than $100,000. The attorney general may bring a | ||
suit to collect the penalty and may recover reasonable attorney's | ||
fees incurred in collecting the penalty. The penalty is in addition | ||
to any other civil liability incurred under Subsection (d) or any | ||
other law. | ||
(h) A physician commits an offense if, in the course of | ||
performing or attempting an abortion, the physician with gross | ||
negligence, as defined by Section 41.001, Civil Practice and | ||
Remedies Code, fails to provide the appropriate medical treatment | ||
in accordance with Subsection (c) to a child born alive after the | ||
abortion. An offense under this subsection is a felony of the third | ||
degree. | ||
(i) A person who has knowledge of a failure to comply with | ||
this section may report the failure to comply to the attorney | ||
general. The identity and personally identifiable information of | ||
the person reporting the failure to comply with this section are | ||
confidential under Chapter 552, Government Code. | ||
(j) In this section, "abortion" has the meaning assigned by | ||
Section 245.002, Health and Safety Code. | ||
SECTION 3. Section 151.002, Family Code, as amended by this | ||
Act, applies only to a child born alive on or after the effective | ||
date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |