By: Kolkhorst, et al. S.B. No. 23
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; 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; CRIMINAL OFFENSE.
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 or attempted 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 woman on whom an abortion, as defined by Section
245.002, Health and Safety Code, is performed or attempted to be
performed may not be held liable under this section.
(e) A physician who violates Subsection (c) by failing to
provide the appropriate medical treatment to a child born alive
after an abortion or an attempted 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 other law.
(f) A person who has knowledge of a failure to comply with
this section shall report to 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.
(g) A physician or health care practitioner who violates
Subsection (c) by failing to provide the appropriate medical
treatment to a child born alive after an abortion or an attempted
abortion commits an offense. An offense under this subsection is a
felony of the third degree.
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. The change in law made by this Act applies only
to the prosecution of an offense committed on or after the effective
date of this Act. The prosecution of an offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense is committed before the effective date of this Act if any
element of the offense occurs before the effective date.
SECTION 5. This Act takes effect September 1, 2019.