| 1 | 1 | | By: Creighton, et al. S.B. No. 25 |
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| 2 | 2 | | (Simmons) |
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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 cause of action. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 10 | 10 | | amended by adding Chapter 71A to read as follows: |
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| 11 | 11 | | CHAPTER 71A. PROHIBITED CAUSES OF ACTION |
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| 12 | 12 | | Sec. 71A.001. WRONGFUL BIRTH. (a) A cause of action may |
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| 13 | 13 | | not arise, and damages may not be awarded, on behalf of any person, |
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| 14 | 14 | | based on the claim that but for the act or omission of another, a |
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| 15 | 15 | | person would not have been permitted to have been born alive but |
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| 16 | 16 | | would have been aborted. |
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| 17 | 17 | | (b) This section may not be construed to eliminate any duty |
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| 18 | 18 | | of a physician or other health care practitioner under any other |
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| 19 | 19 | | applicable law. |
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| 20 | 20 | | SECTION 2. The change in law made by this Act applies only |
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| 21 | 21 | | to a cause of action that accrues on or after the effective date of |
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| 22 | 22 | | this Act. A cause of action that accrues before the effective date |
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| 23 | 23 | | of this Act is governed by the law applicable to the cause of action |
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| 24 | 24 | | immediately before the effective date of this Act, and that law is |
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| 25 | 25 | | continued in effect for that purpose. |
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| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2017. |
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