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A BILL TO BE ENTITLED
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AN ACT
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relating to state liability for denial of health care services |
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arising from laws limiting or prohibiting reproductive health care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 118 to read as follows: |
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CHAPTER 118. STATE LIABILITY FOR DENIAL OF CERTAIN HEALTH CARE |
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SERVICES |
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Sec. 118.001. ACTION FOR HARM RESULTING FROM CERTAIN |
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REPRODUCTIVE HEALTH CARE LAWS. (a) An individual may bring an |
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action against this state for damages resulting from a denial of a |
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health care service arising from a law of this state limiting or |
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prohibiting access to reproductive health care, including |
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abortion. |
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(b) A prevailing claimant in an action brought under this |
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section may recover damages for bodily injury or psychological harm |
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resulting from the denial of the health care service that is the |
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basis for the action. |
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(c) The sovereign immunity of this state to suit and from |
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liability is waived to the extent of liability created by this |
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section. |
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SECTION 2. Section 118.001, 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 September 1, 2025. |