By: Leach H.B. No. 16
A BILL TO BE ENTITLED
AN ACT
relating to enforcement of the rights of a living child born after
an abortion; creating a civil cause of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 151.002, Family Code, is
amended to read as follows:
Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR
PREMATURE BIRTH; CIVIL ACTION.
SECTION 2. Section 151.002, Family Code, is amended by
adding Subsections (c), (d), (e), (f), (g), and (h) to read as
follows:
(c) For purposes of this section, a physician-patient
relationship is established between a child born alive after an
abortion and the physician who performed or attempted the abortion.
A physician who performed or attempted the abortion must exercise
the same degree of professional skill, care, and diligence to
preserve the life and health of the child as a reasonably diligent
and conscientious physician would render to any other child born
alive at the same gestational age.
(d) A child born alive after an abortion, as defined by
Section 245.002, Health and Safety Code, or the child's parent or
legal guardian, may bring a civil action against a physician who
performed or attempted the abortion if the physician violates
Subsection (c) by failing to provide the appropriate medical
treatment to the child. The child, or the child's parent or legal
guardian, may recover the following in the civil action:
(1) compensatory damages;
(2) exemplary damages in an amount equal to three
times the cost of the abortion;
(3) punitive damages; and
(4) reasonable attorney's fees.
(e) A woman on whom an abortion, as defined by Section
245.002, Health and Safety Code, is performed may not be held liable
under this section.
(f) A physician who violates Subsection (c) by failing to
provide the appropriate medical treatment to a child born alive
after an abortion is liable to the state for a civil penalty of not
less than $100,000. The attorney general may bring a suit to collect
the penalty. In addition to the civil penalty, the attorney general
may recover reasonable attorney's fees. The civil penalty described
in this subsection is in addition to any other recovery authorized
under Subsection (d) or other law.
(g) If a physician prevails in an action under Subsection
(f), the physician may recover reasonable attorney's fees incurred
in defending the action.
(h) A person who has knowledge of a failure to comply with
this section may report the failure to comply with the attorney
general. The identity and any personally identifiable information
of the person reporting the failure to comply with this section is
confidential under Chapter 552, Government Code.
SECTION 3. Section 151.002, Family Code, as amended by this
Act, applies only to a child born alive on or after the effective
date of this Act.
SECTION 4. This Act takes effect September 1, 2019.