Bill Text: TX SB23 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to enforcement of the rights of a living child born after an abortion; creating a civil cause of action; creating a criminal offense.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Engrossed - Dead) 2019-04-23 - Referred to Judiciary & Civil Jurisprudence [SB23 Detail]
Download: Texas-2019-SB23-Engrossed.html
By: Kolkhorst, et al. | S.B. No. 23 |
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relating to enforcement of the rights of a living child born after | ||
an abortion; creating a civil cause of action; 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 ACTION; CRIMINAL OFFENSE. | ||
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 or attempted 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 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. |