HBA-AMW, MSH H.B. 509 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 509 By: Allen State Affairs 2/23/2001 Introduced BACKGROUND AND PURPOSE Many states provide civil or criminal penalties relating to the death or injury of an unborn child. In Texas, current law does not provide for a wrongful death cause of action or criminal sanctions for the death of an unborn child. House Bill 509 provides that an individual includes an unborn child at every stage of gestation from fertilization until birth for the purpose of imposing civil and criminal penalties on persons who cause death or injury to an unborn child, with certain exceptions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 509 amends the Civil Practice and Remedies Code to add the definitions of "death" and "individual" for the purpose of permitting an action for actual damages arising from the wrongful death of an unborn child. "Death" includes, for an individual who is an unborn child, the failure to be born alive. "Individual" includes an unborn child at every stage of gestation from fertilization until birth. The bill amends the Penal Code to add the definition of "death" and amend the definition of "individual." "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth, rather than a human being who has been born and is alive. The bill provides that for the purposes of kidnapping or unlawful restraint, "individual" means a human being who has been born and is alive. The bill establishes that provisions relating to wrongful death apply only if the individual injured would have been entitled to bring an action for the injury if the individual had been born alive. The bill establishes that provisions relating to wrongful death, assaultive offenses, and criminal homicide do not apply to death of an unborn child if the claim brought or conduct charged involves the mother of the unborn child, a physician or other licensed health care provider who performs a lawful medical procedure intended to end the life of the unborn child, or a person who legally dispenses or administers a drug intended to do the same. The bill provides an exception for the offenses of intoxication assault and intoxication manslaughter with regard to conduct committed by the mother of an unborn child. EFFECTIVE DATE September 1, 2001.