Bill Text: TX HB16 | 2019-2020 | 86th Legislature | Enrolled
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-Enrolled.html
H.B. No. 16 |
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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 |