Bill Text: TX HB438 | 2027-2028 | 90th Legislature Regular Session | Introduced

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Bill Title: Relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-11-09 - Filed [HB438 Detail]

Download: Texas-2027-HB438-Introduced.html

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90R1702 SCL-F
By: Flores H.B. No. 438

A BILL TO BE ENTITLED
AN ACT
relating to wrongful death actions arising from the death of an
unborn child resulting from an abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Protect Survivors'
Health Care Decisions Act.
SECTION 2. Section 71.003(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c) This subchapter does not apply to a claim for the death
of an individual who is an unborn child that:
(1) is brought against:
(A) [(1)] the mother of the unborn child;
(B) [(2)] a physician or other licensed health
care provider, if the death is the intended result of a lawful
medical procedure performed by the physician or health care
provider with the requisite consent;
(C) [(3)] a person who dispenses or administers a
drug in accordance with law, if the death is the result of the
dispensation or administration of the drug; or
(D) [(4)] a physician or other health care
provider licensed in this state, if the death directly or
indirectly is caused by, associated with, arises out of, or relates
to a lawful medical or health care practice or procedure of the
physician or the health care provider; or
(2) is the result of an abortion, as defined by Section
245.002, Health and Safety Code.
SECTION 3. Section 71.003, Civil Practice and Remedies
Code, as amended 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 as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. 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, 2027.