Amend SB 319 (House Third Reading Engrossment) as follows:
(1) In SECTION 1.01 of the bill, on page 1, line 12, strike
"fertilization" and substitute "viability".
(2) In SECTION 1.01 of the bill, on page 1, line 12, insert
after the period the following:
"(5) "Miscarriage" means the interruption of the normal
development of a fetus, other than by a live birth, resulting in the
expulsion or extraction from a pregnant woman of a product of human
consumption.
(6) "Stillbirth" means the death of a fetus before the
complete expulsion or extraction from the pregnant woman,
regardless of the duration of the pregnancy, as manifested by the
fact that after expulsion or extraction the fetus does not breathe
spontaneously or show any other evidence of life such as heartbeat,
pulsation of the umbilical cord, or definite movement of voluntary
muscles."
(3) In SECTION 1.02 of the bill, on page 2, line 11, insert
between the word "care" and the period ", including an abortion
performed in accordance with Chapter 170, Health and Safety Code,
and other applicable law".
(4) In ARTICLE 1 of the bill, insert the following
appropriately-numbered SECTION:
"SECTION 1._____. Section 71.002, Civil Practice and
Remedies Code, is amended by adding Subsection (f) to read as
follows:
"(f) A person is liable for damages under this chapter if, as
a result of the person's wrongful act or negligent act or omission,
another person who is a pregnant woman suffers a bodily injury that
results in a miscarriage or stillbirth.".
(5) In ARTICLE 1 of the bill, insert the following
appropriately-numbered SECTION:
"SECTION 1._____. Section 71.004, Civil Practice and
Remedies Code, is amended by adding a new Subsection (d) to read as
follows:
"(d) For liability imposed under Subsection (f), Section
71.002, the action may be brought by:
(1) the pregnant woman;
(2) any person who would have become a parent had the
pregnancy not resulted in a miscarriage or stillbirth unless the
act of such person which resulted in the pregnancy was done without
consent of the pregnant woman.".
(6) In ARTICLE 1 of the bill, insert the following
appropriately-numbered SECTION:
"SECTION 1._____. Section 41.008, Civil Practice and
Remedies Code, is amended by adding a new Subsection (f) to read as
follows:
(f) Subsection (b) does not apply to a cause of action against
a defendant from whom a plaintiff seeks recovery of exemplary
damages based on conduct described in Section 71.002(f) of this
code.".
(7) In SECTION 2.01 of the bill, on page 2, line 24, strike
"fertilization" and substitute "viability".
(8) In SECTION 2.02 of the bill, on page 3, line 7, between
"procedure" and "performed", insert ", including but not limited to
an abortion performed in accordance with Chapter 170, Health and
Safety Code or other applicable law,".
(9) In SECTION 2.04 of the bill, on page 3, line 26, between
"procedure" and "performed", insert ", including but not limited to
an abortion performed in accordance with Chapter 170, Health and
Safety Code or other applicable law,".
(10) In ARTICLE 2 of the bill, insert the following
appropriately-numbered SECTION:
"SECTION 2._____. Section 22.01, Penal Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse; [or]
(3) intentionally or knowingly causes physical contact
with another when the person knows or should reasonable believe
that the other will regard the contact as offensive or provocative;
or
(4) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse, who is a
pregnant woman.
(g) An offense under Subsection (a)(4) is a felony of the