| 1 | 1 | | 84R8271 SCL-F |
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| 2 | 2 | | By: Peña H.B. No. 1367 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eliminating the wrongful birth and wrongful life causes |
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| 8 | 8 | | of action. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 74, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Subchapter L to read as follows: |
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| 12 | 12 | | SUBCHAPTER L. LIABILITY RELATED TO PREGNANCY AND BIRTH |
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| 13 | 13 | | Sec. 74.551. WRONGFUL BIRTH AND WRONGFUL LIFE PROHIBITED. |
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| 14 | 14 | | (a) A person is not liable for damages in a civil action for |
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| 15 | 15 | | wrongful birth based on the claim that, but for an act or omission |
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| 16 | 16 | | of the defendant, a child would not or should not have been born. |
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| 17 | 17 | | (b) A person is not liable in any civil action for wrongful |
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| 18 | 18 | | life based on the claim that, but for an act or omission of the |
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| 19 | 19 | | defendant, the claimant would not or should not have been born. |
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| 20 | 20 | | (c) This section applies to a claim regardless of whether |
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| 21 | 21 | | the child who is the basis of the claim is born healthy or with a |
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| 22 | 22 | | birth defect or other adverse medical condition. |
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| 23 | 23 | | (d) This section does not apply to a claim arising from: |
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| 24 | 24 | | (1) an intentional or grossly negligent act or |
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| 25 | 25 | | omission, including an act or omission that violates a criminal |
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| 26 | 26 | | law; |
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| 27 | 27 | | (2) a wrongful act or omission that caused: |
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| 28 | 28 | | (A) maternal death or injury; or |
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| 29 | 29 | | (B) a disability or disease of a child prior to |
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| 30 | 30 | | birth that would have been prevented, cured, or ameliorated in a |
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| 31 | 31 | | manner that preserved the health and life of the child; or |
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| 32 | 32 | | (3) a failed sterilization resulting in the birth of a |
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| 33 | 33 | | child. |
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| 34 | 34 | | (e) A claimant may only recover damages associated with |
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| 35 | 35 | | disability or disease of a child in a claim described by Subsection |
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| 36 | 36 | | (d)(2)(B). |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to a cause of action that accrues on or after the effective date of |
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| 39 | 39 | | this Act. A cause of action that accrues before the effective date |
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| 40 | 40 | | of this Act is governed by the law applicable to the cause of action |
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| 41 | 41 | | immediately before the effective date of this Act, and that law is |
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| 42 | 42 | | continued in effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2015. |
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