Bill Text: TX HB434 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to eliminating the wrongful birth cause of action.
Sponsorship: Partisan Bill (Republican 56)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB434 Detail]
Download: Texas-2017-HB434-Comm_Sub.html
| 85R10308 SCL-F | |||
| By: Simmons, et al. | H.B. No. 434 | ||
| Substitute the following for H.B. No. 434: | |||
| By: Cook | C.S.H.B. No. 434 | ||
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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.001. 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. The change in law made by this Act applies only | ||
| to a cause of action that accrues on or after the effective date of | ||
| this Act. A cause of action that accrues before the effective date | ||
| of this Act is governed by the law applicable to the cause of action | ||
| immediately before the effective date of this Act, and that law is | ||
| continued in effect for that purpose. | ||
| 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, 2017. | ||
