84R8271 SCL-F
By: Peña H.B. No. 1367
A BILL TO BE ENTITLED
AN ACT
relating to eliminating the wrongful birth and wrongful life causes
of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 74, Civil Practice and Remedies Code, is
amended by adding Subchapter L to read as follows:
SUBCHAPTER L. LIABILITY RELATED TO PREGNANCY AND BIRTH
Sec. 74.551. WRONGFUL BIRTH AND WRONGFUL LIFE PROHIBITED.
(a) A person is not liable for damages in a civil action for
wrongful birth based on the claim that, but for an act or omission
of the defendant, a child would not or should not have been born.
(b) A person is not liable in any civil action for wrongful
life based on the claim that, but for an act or omission of the
defendant, the claimant would not or should not have been born.
(c) This section applies to a claim regardless of whether
the child who is the basis of the claim is born healthy or with a
birth defect or other adverse medical condition.
(d) This section does not apply to a claim arising from:
(1) an intentional or grossly negligent act or
omission, including an act or omission that violates a criminal
law;
(2) a wrongful act or omission that caused:
(A) maternal death or injury; or
(B) a disability or disease of a child prior to
birth that would have been prevented, cured, or ameliorated in a
manner that preserved the health and life of the child; or
(3) a failed sterilization resulting in the birth of a
child.
(e) A claimant may only recover damages associated with
disability or disease of a child in a claim described by Subsection
(d)(2)(B).
SECTION 2. The change in law made 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 applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.