| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R3454 SCL-D | |
| 2 | 2 | By: Flynn H.B. No. 4199 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to eliminating the wrongful birth cause of action. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Title 4, Civil Practice and Remedies Code, is | |
| 10 | 10 | amended by adding Chapter 71A to read as follows: | |
| 11 | 11 | CHAPTER 71A. PROHIBITED CAUSES OF ACTION | |
| 12 | 12 | Sec. 71A.0001. WRONGFUL BIRTH. (a) A cause of action may | |
| 13 | 13 | not arise, and damages may not be awarded, on behalf of any person, | |
| 14 | 14 | based on the claim that but for the act or omission of another, a | |
| 15 | 15 | person would not have been permitted to have been born alive but | |
| 16 | 16 | would have been aborted. | |
| 17 | 17 | (b) This section may not be construed to eliminate any duty | |
| 18 | 18 | of a physician or other health care practitioner under any other | |
| 19 | 19 | applicable law. | |
| 20 | 20 | SECTION 2. Section 71A.0001, Civil Practice and Remedies | |
| 21 | 21 | Code, as added by this Act, applies only to a cause of action that | |
| 22 | 22 | accrues on or after the effective date of this Act. | |
| 23 | 23 | SECTION 3. This Act takes effect immediately if it receives | |
| 24 | 24 | a vote of two-thirds of all the members elected to each house, as | |
| 25 | 25 | provided by Section 39, Article III, Texas Constitution. If this | |
| 26 | 26 | Act does not receive the vote necessary for immediate effect, this | |
| 27 | 27 | Act takes effect September 1, 2019. |