By Allen H.B. No. 682
76R4042 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the death to or injury of an unborn child; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. CIVIL REMEDIES
1-6 SECTION 1.01. Sections 71.001 and 71.003, Civil Practice and
1-7 Remedies Code, are amended to read as follows:
1-8 Sec. 71.001. DEFINITIONS. In this subchapter:
1-9 (1) "Corporation" means a municipal, private, public,
1-10 or quasi-public corporation other than a county or a common or
1-11 independent school district.
1-12 (2) "Death" includes, for an individual who is an
1-13 unborn child, the failure to be born alive.
1-14 (3) "Individual" includes an unborn child at every
1-15 stage of gestation in the uterus of the mother from fertilization
1-16 until birth.
1-17 (4) "Person" means an individual, association of
1-18 individuals, joint-stock company, or corporation or a trustee or
1-19 receiver of an individual, association of individuals, joint-stock
1-20 company, or corporation.
1-21 Sec. 71.003. APPLICATION; CERTAIN CONDUCT EXCEPTED. (a)
1-22 This subchapter applies only if the individual injured would have
1-23 been entitled to bring an action for the injury if the individual
1-24 [he] had lived or been born alive.
2-1 (b) This subchapter applies whether the injury occurs inside
2-2 or outside this state.
2-3 (c) This subchapter does not apply to a claim for the death
2-4 of an individual who is an unborn child that is brought against:
2-5 (1) the mother of the unborn child;
2-6 (2) a physician or other licensed health care
2-7 provider, if the death is the result of a medical procedure
2-8 performed in accordance with law by the physician or health care
2-9 provider; or
2-10 (3) a person who dispenses or administers a drug in
2-11 accordance with law, if the death is the result of the dispensation
2-12 or administration of the drug.
2-13 SECTION 1.02. The changes in law made by this article apply
2-14 only to a cause of action that accrues on or after the effective
2-15 date of this Act. A cause of action that accrues before the
2-16 effective date of this Act is governed by the law as it existed
2-17 immediately before the effective date of this Act and that law is
2-18 continued in effect for that purpose.
2-19 ARTICLE 2. CRIMINAL PENALTIES
2-20 SECTION 2.01. Section 1.07(a), Penal Code, is amended by
2-21 amending Subdivision (26) and adding Subdivision (49) to read as
2-22 follows:
2-23 (26) "Individual" means a human being who [has been
2-24 born and] is alive, including an unborn child at every stage of
2-25 gestation in the uterus of the mother from fertilization until
2-26 birth.
2-27 (49) "Death" includes, for an individual who is an
3-1 unborn child, the failure to be born alive.
3-2 SECTION 2.02. Chapter 19, Penal Code, is amended by adding
3-3 Section 19.06 to read as follows:
3-4 Sec. 19.06. CERTAIN CONDUCT EXCEPTED. It is an exception to
3-5 the application of this chapter that the death was the death of an
3-6 unborn child and that the conduct charged is:
3-7 (1) conduct committed by the mother of the unborn
3-8 child;
3-9 (2) a medical procedure performed in accordance with
3-10 law by a physician or other licensed health care provider; or
3-11 (3) the dispensation of a drug in accordance with law
3-12 or administration of a drug prescribed in accordance with law.
3-13 SECTION 2.03. Chapter 22, Penal Code, is amended by adding
3-14 Section 22.11 to read as follows:
3-15 Sec. 22.11. CERTAIN CONDUCT EXCEPTED. It is an exception to
3-16 the application of this chapter that the conduct charged is
3-17 committed against an individual who is an unborn child and is:
3-18 (1) conduct committed by the mother of the unborn
3-19 child;
3-20 (2) a medical procedure performed in accordance with
3-21 law by a physician or other licensed health care provider; or
3-22 (3) the dispensation of a drug in accordance with law
3-23 or administration of a drug prescribed in accordance with law.
3-24 SECTION 2.04. Chapter 49, Penal Code, is amended by adding
3-25 Section 49.012 to read as follows:
3-26 Sec. 49.012. CERTAIN CONDUCT EXCEPTED. It is an exception
3-27 to the application of Section 49.07 or 49.08 that the injury or
4-1 death was the injury or death of an unborn child and that the
4-2 conduct charged is conduct committed by the mother of the unborn
4-3 child.
4-4 SECTION 2.05. (a) The changes in law made by this article
4-5 apply only to an offense committed on or after the effective date
4-6 of this Act. For purposes of this section, an offense is committed
4-7 before the effective date of this Act if any element of the offense
4-8 occurs before the effective date.
4-9 (b) An offense committed before the effective date of this
4-10 Act is covered by the law in effect when the offense was committed,
4-11 and the former law is continued in effect for that purpose.
4-12 ARTICLE 3. EFFECTIVE DATE; EMERGENCY
4-13 SECTION 3.01. This Act takes effect September 1, 1999.
4-14 SECTION 3.02. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.