86R21987 SCL-F
By: Leach, Bonnen of Galveston, Klick, H.B. No. 16
Oliverson, Morrison, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of the rights of a living unborn child
after an abortion; creating a civil cause of action; providing a
civil penalty; creating a criminal offense.
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), (h), (i), and (j) 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.
The physician 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. In this
subsection, "professional skill, care, and diligence" includes a
requirement that the physician who performed or attempted the
abortion ensure that the child born alive be immediately
transferred and admitted to a hospital.
(d) A child born alive after an abortion or the child's
parent or legal guardian may:
(1) 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; and
(2) recover under a civil action described by
Subdivision (1):
(A) economic damages in an amount equal to three
times the cost of the abortion;
(B) other compensatory damages;
(C) exemplary damages; and
(D) reasonable and necessary attorney's fees.
(e) A physician who prevails in a civil action described by
Subsection (d) may recover reasonable attorney's fees incurred in
defending the action.
(f) Except as provided by Subsection (e), a woman on whom an
abortion is performed may not be held liable under this section.
(g) 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 in an
amount not less than $100,000. The attorney general may bring a
suit to collect the penalty and may recover reasonable attorney's
fees incurred in collecting the penalty. The penalty is in addition
to any other civil liability incurred under Subsection (d) or any
other law.
(h) A physician commits an offense if, in the course of
performing or attempting an abortion, the physician with gross
negligence, as defined by Section 41.001, Civil Practice and
Remedies Code, fails to provide the appropriate medical treatment
in accordance with Subsection (c) to a child born alive after the
abortion. An offense under this subsection is a felony of the third
degree.
(i) A person who has knowledge of a failure to comply with
this section may report the failure to comply to the attorney
general. The identity and personally identifiable information of
the person reporting the failure to comply with this section are
confidential under Chapter 552, Government Code.
(j) In this section, "abortion" has the meaning assigned by
Section 245.002, Health and Safety 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.