Texas 2019 - 86th Regular

Texas House Bill HB4199

Caption

Relating to eliminating the wrongful birth cause of action.

Impact

The passing of HB 4199 would amend the Texas Civil Practice and Remedies Code by adding Chapter 71A, specifically prohibiting wrongful birth claims. This change is expected to have significant implications for how similar cases are handled in Texas courts, effectively limiting the scope of liability for physicians and other healthcare practitioners related to decisions about childbirth. The bill notes, however, that it does not eliminate other duties that providers may have under existing law, thereby maintaining certain legal protections for patients.

Summary

House Bill 4199 seeks to eliminate the wrongful birth cause of action in the state of Texas. Under the proposed legislation, individuals would not be able to claim damages on the grounds that they would not have been born alive but for the actions or omissions of another party, such as a healthcare provider. This measure is aimed at clarifying the legal framework surrounding claims related to wrongful birth, potentially reducing the number of lawsuits filed on such bases and their associated legal implications.

Contention

The discussion around HB 4199 highlights a debate over reproductive rights and parental autonomy. Proponents of the bill argue that it is essential to prevent frivolous lawsuits that could have wider implications for medical practice and healthcare delivery. Conversely, opponents may express concern that eliminating such a cause of action undermines the rights of parents to seek recourse in instances involving medical negligence or failure to adequately inform them about the health of their fetus. This aspect of the bill is sensitive and can provoke differing ethical and legal viewpoints.

Notable_points

Lastly, the effective date of the act is tied to legislative voting, requiring a two-thirds majority for immediate effect. If the necessary votes are not secured, the bill would become effective on September 1, 2019. This stipulation indicates the urgency or importance placed on this legislation by its sponsors, suggesting it is part of broader efforts to clarify or reform reproductive-related legal frameworks.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1455

Relating to health care benefits of persons wrongfully imprisoned.

TX HB1453

Relating to equalizing compensation for certain wrongfully imprisoned persons.

TX SB575

Relating to the creation of a cause of action for deprivation of rights and the waiver of immunity.

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

TX HB448

Relating to compensation for damages caused by governmental actions that close or effectively close businesses.

TX HB4378

Relating to a cause of action for drag performances performed in the presence of a minor.

TX HB450

Relating to a cause of action for the bad faith washout of an overriding royalty interest in an oil and gas lease.

TX HB2412

Relating to civil actions by a civilly committed individual.

TX SB1180

Relating to civil actions by a civilly committed individual.

TX SB501

Relating to a cause of action for the bad faith washout of an overriding royalty interest in an oil and gas lease.

Similar Bills

No similar bills found.