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A BILL TO BE ENTITLED
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AN ACT
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relating to an unborn child's rights and the civil and criminal |
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liability and justification for prohibited conduct regarding an |
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unborn child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.003(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) This subchapter does not apply to a claim for the death |
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of an individual who is an unborn child that is brought against[: |
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[(1)] the mother of the unborn child[; |
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[(2) a physician or other licensed health care |
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provider, if the death is the intended result of a lawful medical |
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procedure performed by the physician or health care provider with |
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the requisite consent; |
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[(3) a person who dispenses or administers a drug in |
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accordance with law, if the death is the result of the dispensation |
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or administration of the drug; or |
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[(4) a physician or other health care provider |
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licensed in this state, if the death directly or indirectly is |
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caused by, associated with, arises out of, or relates to a lawful |
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medical or health care practice or procedure of the physician or the |
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health care provider]. |
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SECTION 2. Section 1.07(a)(26), Penal Code, is amended to |
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read as follows: |
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(26) "Individual" means a human being who is alive, |
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including an unborn child at every stage of development [gestation] |
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from fertilization until birth. |
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SECTION 3. Chapter 1, Penal Code, is amended by adding |
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Section 1.11 to read as follows: |
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Sec. 1.11. APPLICABILITY OF CODE PROVISIONS TO UNBORN |
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VICTIMS. The provisions of this code apply equally to a violation |
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committed against any victim, regardless of whether the victim is |
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an unborn child or an individual who was born alive. |
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SECTION 4. Subchapter B, Chapter 9, Penal Code, is amended |
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by adding Section 9.23 to read as follows: |
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Sec. 9.23. CERTAIN MEDICAL PROCEDURES. Conduct is |
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justified if the conduct charged is a lawful medical procedure |
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that: |
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(1) was performed by a licensed physician; |
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(2) was performed on a pregnant female to avert the |
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death of the pregnant female; |
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(3) resulted in the accidental or unintentional death |
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of the unborn child the pregnant female is carrying; and |
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(4) was performed when reasonable alternatives to save |
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the life of the unborn child were: |
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(A) unavailable; or |
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(B) attempted unsuccessfully before the |
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performance of the medical procedure. |
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SECTION 5. Section 19.06, Penal Code, is amended to read as |
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follows: |
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Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter |
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does not apply to the death of an unborn child if the conduct |
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charged is[: |
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[(1)] conduct committed by the mother of the unborn |
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child[; |
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[(2) a lawful medical procedure performed by a |
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physician or other licensed health care provider with the requisite |
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consent, if the death of the unborn child was the intended result of |
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the procedure; |
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[(3) a lawful medical procedure performed by a |
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physician or other licensed health care provider with the requisite |
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consent as part of an assisted reproduction as defined by Section |
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160.102, Family Code; or |
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[(4) the dispensation of a drug in accordance with law |
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or administration of a drug prescribed in accordance with law]. |
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SECTION 6. Section 22.12, Penal Code, is amended to read as |
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follows: |
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Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. This chapter |
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does not apply to conduct charged as having been committed against |
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an individual who is an unborn child if the conduct is[: |
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[(1)] committed by the mother of the unborn child[; |
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[(2) a lawful medical procedure performed by a |
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physician or other health care provider with the requisite consent; |
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[(3) a lawful medical procedure performed by a |
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physician or other licensed health care provider with the requisite |
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consent as part of an assisted reproduction as defined by Section |
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160.102, Family Code; or |
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[(4) the dispensation of a drug in accordance with law |
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or administration of a drug prescribed in accordance with law]. |
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SECTION 7. (a) Except as otherwise provided by Subsection |
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(b) of this section, the changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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(b) Section 71.003(c), Civil Practice and Remedies Code, as |
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amended by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. A cause of action that |
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accrues before the effective date of this Act is governed by the law |
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as it existed immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 8. 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, 2025. |