Bill Text: TX HB16 | 2019-2020 | 86th Legislature | Introduced
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-Introduced.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-Introduced.html
By: Leach | H.B. No. 16 |
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relating to enforcement of the rights of a living child born after | ||
an abortion; creating a civil cause of action. | ||
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), and (h) 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. | ||
A physician who performed or attempted the abortion 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. | ||
(d) A child born alive after an abortion, as defined by | ||
Section 245.002, Health and Safety Code, or the child's parent or | ||
legal guardian, may 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. The child, or the child's parent or legal | ||
guardian, may recover the following in the civil action: | ||
(1) compensatory damages; | ||
(2) exemplary damages in an amount equal to three | ||
times the cost of the abortion; | ||
(3) punitive damages; and | ||
(4) reasonable attorney's fees. | ||
(e) A woman on whom an abortion, as defined by Section | ||
245.002, Health and Safety Code, is performed may not be held liable | ||
under this section. | ||
(f) 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 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 Subsection (d) or other law. | ||
(g) If a physician prevails in an action under Subsection | ||
(f), the physician may recover reasonable attorney's fees incurred | ||
in defending the action. | ||
(h) A person who has knowledge of a failure to comply with | ||
this section may report the failure to comply with 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. | ||
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. |