Bill Text: TX SB25 | 2017-2018 | 85th Legislature | Engrossed


Bill Title: Relating to eliminating the wrongful birth cause of action.

Spectrum: Partisan Bill (Republican 20-1)

Status: (Engrossed) 2017-03-22 - Received from the Senate [SB25 Detail]

Download: Texas-2017-SB25-Engrossed.html
 
 
  By: Creighton, et al. S.B. No. 25
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
feedback