BILL ANALYSIS

Senate Research Center	C.S.H.B. 16
86R31863 SCL-D	By: Leach et al. (Kolkhorst)
	Health & Human Services
	5/12/2019
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current Texas law, Chapter 151.002 of the Family Code, establishes the rights of a living child after an abortion or premature birth. However, this "right" is not protected by any state civil enforcement if violated.

H.B. 16 would enforce this right by holding physicians accountable. The bill authorizes the Texas attorney general to impose a $100,000 fine and collect any necessary attorney fees for any physician who fails to provide the appropriate medical attention.

H.B. 16 also clarifies that a physician-patient relationship exists and requires the same degree of professional, skill, care, and diligence to preserve the life and health of the child as any reasonably diligent and conscientious physician would render to any other child born alive at the same gestational age. (Original Author's/Sponsor's Statement of Intent)

C.S.H.B. 16 amends current law relating to the enforcement of the rights of a living unborn child after an abortion; provides a civil penalty; and creates a criminal offense.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Section 151.002, Family Code, to read as follows:

Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR PREMATURE BIRTH; CIVIL PENALTY; CRIMINAL OFFENSE.

SECTION 2. Amends Amend Section 151.002, Family Code, by adding Subsections (c), (d), (e), (f), and (g), as follows:

(c) Provides that, for purposes of this section, a physician-patient relationship is established between a child born alive after an abortion and the physician who performed or attempted to perform the abortion. Requires the physician to exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious physician would render to any other child born alive at the same gestational age. Provides that in this subsection, "professional skill, care, and diligence" includes a requirement that the physician who performed or attempted the abortion ensure that the child born alive be immediately transferred and admitted to a hospital.

(d) Prohibits a woman on whom an abortion, as defined by Section 245.002 (Definitions), Health and Safety Code, is performed or attempted to be performed from being held liable under this section.

(e) Provides that a physician who violates Subsection (c) by failing to provide the appropriate medical treatment to a child born alive after an abortion is liable to the state for a civil penalty in an amount not less than $100,000. Authorizes the Texas attorney general (attorney general) to bring a suit to collect the penalty. Authorizes the attorney general, in addition to the civil penalty, to recover reasonable attorney's fees. Provides that the civil penalty described in this subsection is in addition to any other recovery authorized under other law.

(f) Requires a person who has knowledge of a failure to comply with this section to report to the attorney general. Provides that the identity and any personally identifiable information of the person reporting the failure to comply with this section is confidential under Chapter 552 (Public Information), Government Code.�

(g) Provides that a physician or health care practitioner who violates Subsection (c) by failing to provide the appropriate medical treatment to a child born alive after an abortion or an attempted abortion commits an offense. Provides that an offense under this subsection is a felony of the third degree.

SECTION 3. Makes application of Section 151.002, Family Code, as amended by this Act, prospective.

SECTION 4. Makes application of this Act prospective. Provides that, for purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

SECTION 5. Effective date: September 1, 2019.