By Allen                                               H.B. No. 509
         77R2570 SGA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the death of or injury to 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 from fertilization 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 had 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 a claim for the death
 2-3     of an individual who is an unborn child that is brought against:
 2-4                 (1)  the mother of the unborn child;
 2-5                 (2)  a physician or other licensed health care
 2-6     provider, if the death is the intended result of a lawful medical
 2-7     procedure performed by the physician or health care provider with
 2-8     the requisite consent; or
 2-9                 (3)  a person who dispenses or administers a drug in
2-10     accordance with law, if the death is the result of the dispensation
2-11     or administration of the drug.
2-12           SECTION 1.02.  The changes in law made by this article apply
2-13     only to a cause of action that accrues on or after the effective
2-14     date of this Act.  A cause of action that accrues before the
2-15     effective date of this Act is governed by the law as it existed
2-16     immediately before the effective date of this Act and that law is
2-17     continued in effect for that purpose.
2-18                        ARTICLE 2. CRIMINAL PENALTIES
2-19           SECTION 2.01.  Section 1.07(a), Penal Code, is amended by
2-20     amending Subdivision (26) and adding Subdivision (49) to read as
2-21     follows:
2-22                 (26)  "Individual" means a human being who [has been
2-23     born and] is alive, including an unborn child at every stage of
2-24     gestation from fertilization until birth.
2-25                 (49)  "Death" includes, for an individual who is an
2-26     unborn child, the failure to be born alive.
2-27           SECTION 2.02.  Chapter 19, Penal Code, is amended by adding
 3-1     Section 19.06 to read as follows:
 3-2           Sec. 19.06.  CERTAIN CONDUCT EXCEPTED.  It is an exception to
 3-3     the application of this chapter that the death was the death of an
 3-4     unborn child and that the conduct charged is:
 3-5                 (1)  conduct committed by the mother of the unborn
 3-6     child;
 3-7                 (2)  a lawful medical procedure performed by a
 3-8     physician or other licensed health care provider with the requisite
 3-9     consent, if the death of the unborn child was the intended result
3-10     of the procedure; 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.  Section 20.01, Penal Code, is amended by
3-14     adding Subdivisions (4) and (5) to read as follows:
3-15                 (4)  "Person" means an individual, corporation, or
3-16     association.
3-17                 (5)  Notwithstanding Section 1.07, "individual" means a
3-18     human being who has been born and is alive.
3-19           SECTION 2.04.  Chapter 22, Penal Code, is amended by adding
3-20     Section 22.12 to read as follows:
3-21           Sec. 22.12.  CERTAIN CONDUCT EXCEPTED.  It is an exception to
3-22     the application of this chapter that the conduct charged is
3-23     committed against an individual who is an unborn child and is:
3-24                 (1)  conduct committed by the mother of the unborn
3-25     child;
3-26                 (2)  a lawful medical procedure performed by a
3-27     physician or other licensed health care provider with the requisite
 4-1     consent, if the death of the unborn child was the intended result
 4-2     of the procedure; or
 4-3                 (3)  the dispensation of a drug in accordance with law
 4-4     or administration of a drug prescribed in accordance with law.
 4-5           SECTION 2.05.  Chapter 49, Penal Code, is amended by adding
 4-6     Section 49.12 to read as follows:
 4-7           Sec. 49.12.  CERTAIN CONDUCT EXCEPTED.  It is an exception to
 4-8     the application of Section 49.07 or 49.08 that the injury or death
 4-9     was the injury or death of an unborn child and that the conduct
4-10     charged is conduct committed by the mother of the unborn child.
4-11           SECTION 2.06.  (a)  The changes in law made by this article
4-12     apply only to an offense committed on or after the effective date
4-13     of this Act.  For purposes of this section, an offense is committed
4-14     before the effective date of this Act if any element of the offense
4-15     occurs before the effective date.
4-16           (b)  An offense committed before the effective date of this
4-17     Act is covered by the law in effect when the offense was committed,
4-18     and the former law is continued in effect for that purpose.
4-19                         ARTICLE 3.  EFFECTIVE DATE
4-20           SECTION 3.01.  This Act takes effect September 1, 2001.