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A BILL TO BE ENTITLED
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AN ACT
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relating to enforcement of the rights of a living child born after |
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an abortion; creating a civil cause of action; creating a criminal |
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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; CRIMINAL OFFENSE. |
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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), and (h) to read as |
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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 or attempted abortion and the physician who performed or |
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attempted the abortion. A physician who performed or attempted the |
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abortion must exercise the same degree of professional skill, care, |
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and diligence to preserve the life and health of the child as a |
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reasonably diligent and conscientious physician would render to any |
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other child born alive at the same gestational age. |
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(d) A woman on whom an abortion, as defined by Section |
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245.002, Health and Safety Code, is performed or attempted to be |
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performed may not be held liable under this section. |
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(e) 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 or an attempted abortion is liable to the state |
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for a civil penalty of not less than $100,000. The attorney general |
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may bring a suit to collect the penalty. In addition to the civil |
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penalty, the attorney general may recover reasonable attorney's |
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fees. The civil penalty described in this subsection is in addition |
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to any other recovery authorized under other law. |
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(f) A person who has knowledge of a failure to comply with |
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this section shall report to the attorney general. The identity and |
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any personally identifiable information of the person reporting the |
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failure to comply with this section is confidential under Chapter |
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552, Government Code. |
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(g) A physician or health care practitioner who violates |
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Subsection (c) by failing to provide the appropriate medical |
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treatment to a child born alive after an abortion or an attempted |
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abortion commits an offense. An offense under this subsection is a |
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felony of the third degree. |
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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. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense is committed before the effective date of this Act if any |
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element of the offense occurs before the effective date. |
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SECTION 5. This Act takes effect September 1, 2019. |
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