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.