By Isett                                              H.B. No. 1382
         76R2677 DLF-D                           
                                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           SECTION 1.  Sections 71.001 and 71.003, Civil Practice and
 1-6     Remedies Code, are amended to read as follows:
 1-7           Sec. 71.001.  DEFINITIONS.  In this subchapter:
 1-8                 (1)  "Corporation" means a municipal, private, public,
 1-9     or quasi-public corporation other than a county or a common or
1-10     independent school district.
1-11                 (2)  "Death" includes, for an individual who is an
1-12     unborn child, the failure to be born alive.
1-13                 (3)  "Individual" includes an unborn child at every
1-14     stage of gestation in the uterus of the mother from fertilization
1-15     until birth.
1-16                 (4)  "Person" means an individual, association of
1-17     individuals, joint-stock company, or corporation or a trustee or
1-18     receiver of an individual, association of individuals, joint-stock
1-19     company, or corporation.
1-20           Sec. 71.003.  APPLICATION; CERTAIN CONDUCT EXCEPTED.  (a)
1-21     This subchapter applies only if the individual injured would have
1-22     been entitled to  bring an action for the injury if the individual
1-23     [he] had lived or been born alive.
1-24           (b)  This subchapter applies whether the injury occurs inside
 2-1     or outside this state.
 2-2           (c)  This subchapter does not apply to the death of an
 2-3     individual who is an unborn child if the death is the result of the
 2-4     conduct of the mother of the unborn child or conduct that occurs at
 2-5     the request or with the consent of the mother.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  This Act applies only to a cause of action that
 2-8     accrues on or after the effective date of this Act.  A cause of
 2-9     action that accrues before the effective date of this Act is
2-10     governed by the law as it existed immediately before the effective
2-11     date of this Act and that law is continued in effect for that
2-12     purpose.
2-13           SECTION 4.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended.