By Hupp                                               H.B. No. 2011
         77R6814 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to civil liability for causing injury to a pregnant woman.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Title 4, Civil Practice and Remedies Code, is
 1-5     amended by adding Chapter 99 to read as follows:
 1-6                   CHAPTER 99.  MISCARRIAGE OR STILLBIRTH
 1-7           Sec. 99.001.  DEFINITIONS.   In this chapter:
 1-8                 (1)  "Miscarriage" means the interruption of the normal
 1-9     development of a fetus, other than by a live birth, resulting in
1-10     the complete expulsion or extraction from a pregnant woman of a
1-11     product of human conception.
1-12                 (2)  "Stillbirth" means the death of a fetus before the
1-13     complete expulsion or extraction from its mother, regardless of the
1-14     duration of the pregnancy, as manifested by the fact that after
1-15     expulsion or extraction the fetus does not breathe spontaneously or
1-16     show any other evidence of life such as heartbeat, pulsation of the
1-17     umbilical cord, or definite movement of voluntary muscles.
1-18           Sec. 99.002.  CAUSE OF ACTION.  A person is liable for
1-19     damages  under this chapter if, as a result of the person's
1-20     wrongful act or negligent act or omission, another person who is a
1-21     pregnant woman suffers a bodily injury that results in a
1-22     miscarriage or stillbirth.
1-23           Sec. 99.003.  PERSONS WHO MAY BRING ACTION.  The mother or
1-24     father of the fetus may bring an action under this chapter.
 2-1           Sec. 99.004.  DAMAGES.  (a)  In an action under this chapter,
 2-2     a court may award:
 2-3                 (1)  compensatory damages, including damages for mental
 2-4     anguish and loss of companionship and society; and
 2-5                 (2)  exemplary damages under Chapter 41.
 2-6           (b)  Damages under this chapter are in addition to other
 2-7     damages that may be awarded under law for the injury to the
 2-8     pregnant woman.
 2-9           Sec. 99.005.  ABORTION EXCLUDED.  This chapter does not apply
2-10     to an abortion performed by a physician in accordance with Chapter
2-11     170, Health and Safety Code, and other applicable law.
2-12           SECTION 2.  (a)  This Act takes effect September 1, 2001.
2-13           (b)  Chapter 99, Civil Practice and Remedies Code, as added
2-14     by this Act, applies only to a cause of action that accrues on or
2-15     after the effective date of this Act. A cause of action that
2-16     accrues before the effective date of this Act is governed by the
2-17     law applicable to the cause of action immediately before the
2-18     effective date of this Act, and that law is continued in effect for
2-19     that purpose.