By Harris S.B. No. 142
75R2374 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to death of a viable fetus; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. CIVIL REMEDIES
1-5 SECTION 1.01. Title 4, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 99 to read as follows:
1-7 CHAPTER 99. DEATH OF VIABLE FETUS
1-8 Sec. 99.001. DEFINITIONS. In this chapter:
1-9 (1) "Fetus" means an individual human organism from
1-10 fertilization until birth.
1-11 (2) "Viable" means capable of being born alive.
1-12 Sec. 99.002. CAUSE OF ACTION. A person is liable for
1-13 damages for the person's wrongful act or negligent act or omission
1-14 that causes a viable fetus not to be born alive.
1-15 Sec. 99.003. PERSONS WHO MAY BRING ACTION. The natural
1-16 mother or father of the fetus may bring an action under this
1-17 chapter.
1-18 Sec. 99.004. DAMAGES. In an action under this chapter, a
1-19 court may award:
1-20 (1) compensatory damages, including damages for:
1-21 (A) mental anguish and loss of companionship and
1-22 society; and
1-23 (B) medical expenses; and
1-24 (2) exemplary damages under Chapter 41.
2-1 Sec. 99.005. CERTAIN CONDUCT EXCLUDED. Section 99.002 does
2-2 not apply to:
2-3 (1) a wrongful or negligent act or omission of the
2-4 mother of the fetus;
2-5 (2) a medical procedure performed by a physician or
2-6 other licensed health care provider at the request of the mother of
2-7 the fetus or the mother's legal guardian; or
2-8 (3) the dispensation or administration of a drug
2-9 prescribed in accordance with law.
2-10 SECTION 1.02. Chapter 99, Civil Practice and Remedies Code,
2-11 as added by this Act, applies only to a cause of action that
2-12 accrues on or after the effective date of this Act. A cause of
2-13 action that accrues before the effective date of this Act is
2-14 governed by the law applicable to the cause of action immediately
2-15 before the effective date of this Act, and that law is continued in
2-16 effect for that purpose.
2-17 ARTICLE 2. CRIMINAL PENALTIES
2-18 SECTION 2.01. Section 1.07(a)(26), Penal Code, is amended to
2-19 read as follows:
2-20 (26) "Individual" means a human being who has been
2-21 born and is alive, except as provided by Section 19.01 or 49.08.
2-22 SECTION 2.02. Section 19.01, Penal Code, is amended by
2-23 adding Subsection (c) to read as follows:
2-24 (c) In this chapter:
2-25 (1) "Fetus" means an individual human organism from
2-26 fertilization until birth.
2-27 (2) "Individual" includes a viable fetus.
3-1 (3) "Viable" means capable of being born alive.
3-2 SECTION 2.03. Chapter 19, Penal Code, is amended by adding
3-3 Section 19.06 to read as follows:
3-4 Sec. 19.06. CERTAIN CONDUCT EXCLUDED. It is an affirmative
3-5 defense to prosecution under this chapter for the death of a fetus
3-6 that the conduct charged is:
3-7 (1) an act of the mother of the fetus;
3-8 (2) a medical procedure performed by a physician or
3-9 other licensed health care provider at the request of the mother of
3-10 the fetus or the mother's legal guardian; or
3-11 (3) the dispensation or administration of a drug
3-12 prescribed in accordance with law.
3-13 SECTION 2.04. Section 49.08, Penal Code, is amended by
3-14 amending Subsection (a) and adding Subsection (c) to read as
3-15 follows:
3-16 (a) A person commits an offense if the person:
3-17 (1) operates a motor vehicle in a public place, an
3-18 aircraft, or a watercraft; and
3-19 (2) is intoxicated and by reason of that intoxication
3-20 causes the death of an individual [another] by accident or mistake.
3-21 (c) In this section:
3-22 (1) "Fetus" means an individual human organism from
3-23 fertilization until birth.
3-24 (2) "Individual" includes a viable fetus.
3-25 (3) "Viable" means capable of being born alive.
3-26 SECTION 2.05. (a) The change in law made by this article
3-27 applies only to the punishment for an offense committed on or after
4-1 the effective date of this Act. For purposes of this section, an
4-2 offense is committed before the effective date of this Act if any
4-3 element of the offense occurs before the effective date.
4-4 (b) An offense committed before the effective date of this
4-5 Act is covered by the law in effect when the offense was committed,
4-6 and the former law is continued in effect for that purpose.
4-7 ARTICLE 3. EFFECTIVE DATE; EMERGENCY
4-8 SECTION 3.01. This Act takes effect September 1, 1997.
4-9 SECTION 3.02. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.