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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of the rights of a living unborn child |
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after an abortion; creating a civil cause of action; providing a |
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civil penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 151.002, Family Code, is |
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amended to read as follows: |
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Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR |
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PREMATURE BIRTH; CIVIL ACTION. |
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SECTION 2. Section 151.002, Family Code, is amended by |
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adding Subsections (c), (d), (e), (f), (g), (h), (i), and (j) to |
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read as follows: |
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(c) For purposes of this section, a physician-patient |
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relationship is established between a child born alive after an |
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abortion and the physician who performed or attempted the abortion. |
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The physician must exercise the same degree of professional skill, |
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care, and diligence to preserve the life and health of the child as |
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a reasonably diligent and conscientious physician would render to |
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any other child born alive at the same gestational age. In this |
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subsection, "professional skill, care, and diligence" includes a |
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requirement that the physician who performed or attempted the |
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abortion ensure that the child born alive be immediately |
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transferred and admitted to a hospital. |
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(d) A child born alive after an abortion or the child's |
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parent or legal guardian may: |
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(1) bring a civil action against a physician who |
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performed or attempted the abortion if the physician violates |
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Subsection (c) by failing to provide the appropriate medical |
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treatment to the child; and |
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(2) recover under a civil action described by |
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Subdivision (1): |
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(A) economic damages in an amount equal to three |
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times the cost of the abortion; |
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(B) other compensatory damages; |
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(C) exemplary damages; and |
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(D) reasonable and necessary attorney's fees. |
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(e) A physician who prevails in a civil action described by |
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Subsection (d) may recover reasonable attorney's fees incurred in |
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defending the action. |
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(f) Except as provided by Subsection (e), a woman on whom an |
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abortion is performed may not be held liable under this section. |
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(g) A physician who violates Subsection (c) by failing to |
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provide the appropriate medical treatment to a child born alive |
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after an abortion is liable to the state for a civil penalty in an |
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amount not less than $100,000. The attorney general may bring a |
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suit to collect the penalty and may recover reasonable attorney's |
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fees incurred in collecting the penalty. The penalty is in addition |
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to any other civil liability incurred under Subsection (d) or any |
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other law. |
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(h) A physician commits an offense if, in the course of |
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performing or attempting an abortion, the physician with gross |
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negligence, as defined by Section 41.001, Civil Practice and |
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Remedies Code, fails to provide the appropriate medical treatment |
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in accordance with Subsection (c) to a child born alive after the |
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abortion. An offense under this subsection is a felony of the third |
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degree. |
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(i) A person who has knowledge of a failure to comply with |
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this section may report the failure to comply to the attorney |
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general. The identity and personally identifiable information of |
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the person reporting the failure to comply with this section are |
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confidential under Chapter 552, Government Code. |
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(j) In this section, "abortion" has the meaning assigned by |
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Section 245.002, Health and Safety Code. |
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SECTION 3. Section 151.002, Family Code, as amended by this |
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Act, applies only to a child born alive on or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |