Bill Text: TX HB4199 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to eliminating the wrongful birth cause of action.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-04-18 - Committee report sent to Calendars [HB4199 Detail]
Download: Texas-2019-HB4199-Introduced.html
| 86R3454 SCL-D | ||
| By: Flynn | H.B. No. 4199 | |
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| relating to eliminating the wrongful birth cause of action. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 71A to read as follows: | ||
| CHAPTER 71A. PROHIBITED CAUSES OF ACTION | ||
| Sec. 71A.0001. WRONGFUL BIRTH. (a) A cause of action may | ||
| not arise, and damages may not be awarded, on behalf of any person, | ||
| based on the claim that but for the act or omission of another, a | ||
| person would not have been permitted to have been born alive but | ||
| would have been aborted. | ||
| (b) This section may not be construed to eliminate any duty | ||
| of a physician or other health care practitioner under any other | ||
| applicable law. | ||
| SECTION 2. Section 71A.0001, Civil Practice and Remedies | ||
| Code, as added by this Act, applies only to a cause of action that | ||
| accrues on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
