Texas 2019 - 86th Regular

Texas Senate Bill SB23 Compare Versions

Version 1 (Old)

Version 2 (New)

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