Amend CSHB 487 as follows:
      (1)  Add appropriately numbered SECTIONS to the bill to read
as follows and renumber the existing SECTIONS of the bill
accordingly:
      SECTION ____.  Section 49.07, Penal Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
      (b)  In this section:
            (1)  "Miscarriage" means the interruption of the normal
development of a fetus, other than by a live birth, resulting in
the complete expulsion or extraction from a pregnant woman of a
product of human conception.
            (2)  "Serious<, "serious> bodily injury" means injury
that creates a substantial risk of death or that causes serious
permanent disfigurement or protracted loss or impairment of the
function of any bodily member or organ. The term includes any
injury that causes a pregnant woman to suffer a miscarriage or
stillbirth.
            (3)  "Stillbirth" means the death of a fetus before the
complete expulsion or extraction from its mother, regardless of the
duration of the pregnancy, as manifested by the fact that after
expulsion or extraction the fetus does not breathe spontaneously or
show any other evidence of life such as heartbeat, pulsation of the
umbilical cord, or definite movement of voluntary muscles.
      (c)  Except as provided by Subsection (d), an <An> offense
under this section is a felony of the third degree.
      (d)  If it is shown on the trial of an offense under this
section that the conduct charged caused a pregnant woman to suffer
a miscarriage or stillbirth, an offense under this section is a
felony of the second degree.
      SECTION ____.  Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 99 to read as follows:
          CHAPTER 99.  INTOXICATION ASSAULT RESULTING IN
                     MISCARRIAGE OR STILLBIRTH
      Sec. 99.001.  DEFINITIONS.  In this chapter:
            (1)  "Miscarriage" means the interruption of the normal
development of a fetus, other than by a live  birth, resulting in
the complete expulsion or extraction from a pregnant woman of a
product of human conception.
            (2)  "Stillbirth" means the death of a fetus before the
complete expulsion or extraction from its mother, regardless of the
duration of the pregnancy, as manifested by the fact that after
expulsion or extraction the fetus does not breathe spontaneously or
show any other evidence of life such as heartbeat, pulsation of the
umbilical cord, or definite movement of voluntary muscles.
      Sec. 99.002.  CAUSE OF ACTION.  A person is liable for
damages  under this chapter if, as a result of violating Section
49.07, Penal Code, a pregnant woman suffers a bodily injury that
results in a miscarriage or stillbirth.
      Sec. 99.003.  PERSONS WHO MAY BRING ACTION.  (a)  An action
under this chapter may be brought by:
            (1)  the mother or father of the fetus;
            (2)  the estate of the mother of the fetus, if the
mother is deceased; and
            (3)  the estate of the father of the fetus, if both the
mother and the father are deceased.
      (b)  The father of the fetus may not bring an action under
this chapter if the pregnancy was the result of an act of the
father that constitutes a crime under Section 22.011 or 22.021,
Penal Code.
      Sec. 99.004.  DAMAGES.  (a)  In an action under this chapter,
a court may award:
            (1)  compensatory damages, including damages for mental
anguish and loss of companionship and society; and
            (2)  exemplary damages under Chapter 41.
      (b)  Damages under this chapter are in addition to other
damages that may be awarded under law for the injury to the
pregnant woman.
      (2)  In SECTION 8(b) of the bill (House committee report,
page 11, line 25), strike "change in law made by Section 1 of this
Act applies" and substitute "changes in law made by Sections 1 and
___ of this Act in amending Sections 49.03 and 49.07, Penal Code,
apply".
      (3)  In SECTION 8 of the bill, at the end of Subsection (h)
(House committee report, page 13, between lines 7 and 8), add the
following:
      (i)  The change in law made by this Act in adding Chapter 99,
Civil Practice and Remedies Code, 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.