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.