Texas 2019 - 86th Regular

Texas House Bill HB16 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 16
	1	+	By: Leach, et al. (Senate Sponsor - Kolkhorst, Hall) H.B. No. 16
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 25, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 13, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 3;
	6	+	May 13, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 16 By: Buckingham
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the enforcement of the rights of a living unborn child
6	14		after an abortion; providing a civil penalty; creating a criminal
7	15		offense.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. The heading to Section 151.002, Family Code, is
10	18		amended to read as follows:
11	19		Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR
12	20		PREMATURE BIRTH; CIVIL PENALTY; CRIMINAL OFFENSE.
13	21		SECTION 2. Section 151.002, Family Code, is amended by
14	22		adding Subsections (c), (d), (e), (f), and (g) to read as follows:
15	23		(c) For purposes of this section, a physician-patient
16	24		relationship is established between a child born alive after an
17	25		abortion and the physician who performed or attempted to perform
18	26		the abortion. The physician must exercise the same degree of
19	27		professional skill, care, and diligence to preserve the life and
20	28		health of the child as a reasonably diligent and conscientious
21	29		physician would render to any other child born alive at the same
22	30		gestational age. In this subsection, "professional skill, care, and
23	31		diligence" includes a requirement that the physician who performed
24	32		or attempted the abortion ensure that the child born alive be
25		-	immediately transferred
26		-	to a hospital.
	33	+	immediately transferred and admitted to a hospital.
27	34		(d) A woman on whom an abortion, as defined by Section
28	35		245.002, Health and Safety Code, is performed or attempted to be
29	36		performed may not be held liable under this section.
30	37		(e) A physician who violates Subsection (c) by failing to
31	38		provide the appropriate medical treatment to a child born alive
32	39		after an abortion or an attempted abortion is liable to the state
33	40		for a civil penalty of not less than $100,000. The attorney general
34	41		may bring a suit to collect the penalty. In addition to the civil
35	42		penalty, the attorney general may recover reasonable attorney's
36	43		fees. The civil penalty described in this subsection is in addition
37	44		to any other recovery authorized under other law.
38	45		(f) A person who has knowledge of a failure to comply with
39	46		this section shall report to the attorney general. The identity and
40	47		any personally identifiable information of the person reporting the
41	48		failure to comply with this section is confidential under Chapter
42	49		552, Government Code.
43	50		(g) A physician or health care practitioner who violates
44	51		Subsection (c) by failing to provide the appropriate medical
45	52		treatment to a child born alive after an abortion or an attempted
46	53		abortion commits an offense. An offense under this subsection is a
47	54		felony of the third degree.
48	55		SECTION 3. Section 151.002, Family Code, as amended by this
49	56		Act, applies only to a child born alive on or after the effective
50	57		date of this Act.
51	58		SECTION 4. The change in law made by this Act applies only
52	59		to the prosecution of an offense committed on or after the effective
53	60		date of this Act. The prosecution of an offense committed before
54	61		the effective date of this Act is governed by the law in effect on
55	62		the date the offense was committed, and the former law is continued
56	63		in effect for that purpose. For purposes of this section, an
57	64		offense is committed before the effective date of this Act if any
58	65		element of the offense occurs before the effective date.
59	66		SECTION 5. This Act takes effect September 1, 2019.
60		-	______________________________ ______________________________
61		-	President of the Senate Speaker of the House
62		-	I certify that H.B. No. 16 was passed by the House on April
63		-	17, 2019, by the following vote: Yeas 94, Nays 2, 49 present, not
64		-	voting; and that the House concurred in Senate amendments to H.B.
65		-	No. 16 on May 23, 2019, by the following vote: Yeas 84, Nays 57, 2
66		-	present, not voting.
67		-	______________________________
68		-	Chief Clerk of the House
69		-	I certify that H.B. No. 16 was passed by the Senate, with
70		-	amendments, on May 16, 2019, by the following vote: Yeas 21, Nays
71		-	10.
72		-	______________________________
73		-	Secretary of the Senate
74		-	APPROVED: __________________
75		-	Date
76		-	__________________
77		-	Governor
	67	+	* * * * *