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.