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A BILL TO BE ENTITLED
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AN ACT
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relating to eliminating the wrongful birth and wrongful life causes |
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of action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 74, Civil Practice and Remedies Code, is |
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amended by adding Subchapter L to read as follows: |
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SUBCHAPTER L. LIABILITY RELATED TO PREGNANCY AND BIRTH |
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Sec. 74.551. WRONGFUL BIRTH AND WRONGFUL LIFE PROHIBITED. |
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(a) A person is not liable for damages in a civil action for |
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wrongful birth based on the claim that, but for an act or omission |
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of the defendant, a child would not or should not have been born. |
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(b) A person is not liable in any civil action for wrongful |
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life based on the claim that, but for an act or omission of the |
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defendant, the claimant would not or should not have been born. |
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(c) This section applies to a claim regardless of whether |
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the child who is the basis of the claim is born healthy or with a |
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birth defect or other adverse medical condition. |
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(d) This section does not apply to a claim arising from: |
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(1) an intentional or grossly negligent act or |
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omission, including an act or omission that violates a criminal |
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law; |
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(2) a wrongful act or omission that caused: |
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(A) maternal death or injury; or |
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(B) a disability or disease of a child prior to |
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birth that would have been prevented, cured, or ameliorated in a |
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manner that preserved the health and life of the child; or |
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(3) a failed sterilization resulting in the birth of a |
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child. |
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(e) A claimant may only recover damages associated with |
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disability or disease of a child in a claim described by Subsection |
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(d)(2)(B). |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |