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.