Bill Text: TX SB25 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to eliminating the wrongful birth cause of action.
Spectrum: Partisan Bill (Republican 21-1)
Status: (Engrossed - Dead) 2017-05-09 - Committee report sent to Calendars [SB25 Detail]
Download: Texas-2017-SB25-Engrossed.html
Bill Title: Relating to eliminating the wrongful birth cause of action.
Spectrum: Partisan Bill (Republican 21-1)
Status: (Engrossed - Dead) 2017-05-09 - Committee report sent to Calendars [SB25 Detail]
Download: Texas-2017-SB25-Engrossed.html
By: Creighton, et al. | S.B. No. 25 |
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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. |