Bill Text: TX HB16 | 2019-2020 | 86th Legislature | Enrolled

Texas House Bill 16 (Prior Session Legislation)

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.

Sponsorship: Partisan Bill (Republican 87-1)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB16 Detail]

Download: Texas-2019-HB16-Enrolled.html



	H.B. No. 16




	AN ACT
	relating to the enforcement of the rights of a living unborn child
	after an abortion; 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 PENALTY; CRIMINAL OFFENSE.
	SECTION 2. Section 151.002, Family Code, is amended by
	adding Subsections (c), (d), (e), (f), and (g) 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 to perform
	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
	to a hospital.
	(d) A woman on whom an abortion, as defined by Section
	245.002, Health and Safety Code, is performed or attempted to be
	performed may not be held liable under this section.
	(e) A physician who violates Subsection (c) by failing to
	provide the appropriate medical treatment to a child born alive
	after an abortion or an attempted abortion is liable to the state
	for a civil penalty of not less than $100,000. The attorney general
	may bring a suit to collect the penalty. In addition to the civil
	penalty, the attorney general may recover reasonable attorney's
	fees. The civil penalty described in this subsection is in addition
	to any other recovery authorized under other law.
	(f) A person who has knowledge of a failure to comply with
	this section shall report to the attorney general. The identity and
	any personally identifiable information of the person reporting the
	failure to comply with this section is confidential under Chapter
	552, Government Code.
	(g) A physician or health care practitioner who violates
	Subsection (c) by failing to provide the appropriate medical
	treatment to a child born alive after an abortion or an attempted
	abortion commits an offense. An offense under this subsection is a
	felony of the third degree.
	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. The change in law made by this Act applies only
	to the prosecution of an offense committed on or after the effective
	date of this Act. The prosecution of an offense committed before
	the effective date of this Act is governed by the law in effect on
	the date the offense was committed, and the former law is continued
	in effect for that purpose. For purposes of this section, an
	offense is committed before the effective date of this Act if any
	element of the offense occurs before the effective date.
	SECTION 5. This Act takes effect September 1, 2019.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 16 was passed by the House on April
	17, 2019, by the following vote: Yeas 94, Nays 2, 49 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 16 on May 23, 2019, by the following vote: Yeas 84, Nays 57, 2
	present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 16 was passed by the Senate, with
	amendments, on May 16, 2019, by the following vote: Yeas 21, Nays
	10.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor