| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to wrongful death actions arising from the death of an |
|
|
unborn child resulting from an abortion. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 71.003(c), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(c) This subchapter does not apply to a claim for the death |
|
|
of an individual who is an unborn child that: |
|
|
(1) is brought against: |
|
|
(A) [(1)] the mother of the unborn child; |
|
|
(B) [(2)] a physician or other licensed health |
|
|
care provider, if the death is the intended result of a lawful |
|
|
medical procedure performed by the physician or health care |
|
|
provider with the requisite consent; |
|
|
(C) [(3)] a person who dispenses or administers a |
|
|
drug in accordance with law, if the death is the result of the |
|
|
dispensation or administration of the drug; or |
|
|
(D) [(4)] a physician or other health care |
|
|
provider licensed in this state, if the death directly or |
|
|
indirectly is caused by, associated with, arises out of, or relates |
|
|
to a lawful medical or health care practice or procedure of the |
|
|
physician or the health care provider; or |
|
|
(2) is the result of an abortion, as defined by Section |
|
|
245.002, Health and Safety Code. |
|
|
SECTION 2. Section 71.003, Civil Practice and Remedies |
|
|
Code, as amended by this Act, applies only to a cause of action that |
|
|
accrues on or after the effective date of this Act. A cause of |
|
|
action that accrues before the effective date of this Act is |
|
|
governed by the law as it existed immediately before the effective |
|
|
date of this Act, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |