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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 cause of action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 71A to read as follows: |
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CHAPTER 71A. PROHIBITED CAUSES OF ACTION |
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Sec. 71A.0001. WRONGFUL BIRTH. (a) A cause of action may |
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not arise, and damages may not be awarded, on behalf of any person, |
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based on the claim that but for the act or omission of another, a |
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person would not have been permitted to have been born alive but |
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would have been aborted. |
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(b) This section may not be construed to eliminate any duty |
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of a physician or other health care practitioner under any other |
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applicable law. |
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SECTION 2. Section 71A.0001, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |