| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 89R5390 SCL-D | |
| 2 | 2 | By: Bryant H.B. No. 1919 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to state liability for denial of health care services | |
| 10 | 10 | arising from laws limiting or prohibiting reproductive health care. | |
| 11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 12 | SECTION 1. Title 5, Civil Practice and Remedies Code, is | |
| 13 | 13 | amended by adding Chapter 118 to read as follows: | |
| 14 | 14 | CHAPTER 118. STATE LIABILITY FOR DENIAL OF CERTAIN HEALTH CARE | |
| 15 | 15 | SERVICES | |
| 16 | 16 | Sec. 118.001. ACTION FOR HARM RESULTING FROM CERTAIN | |
| 17 | 17 | REPRODUCTIVE HEALTH CARE LAWS. (a) An individual may bring an | |
| 18 | 18 | action against this state for damages resulting from a denial of a | |
| 19 | 19 | health care service arising from a law of this state limiting or | |
| 20 | 20 | prohibiting access to reproductive health care, including | |
| 21 | 21 | abortion. | |
| 22 | 22 | (b) A prevailing claimant in an action brought under this | |
| 23 | 23 | section may recover damages for bodily injury or psychological harm | |
| 24 | 24 | resulting from the denial of the health care service that is the | |
| 25 | 25 | basis for the action. | |
| 26 | 26 | (c) The sovereign immunity of this state to suit and from | |
| 27 | 27 | liability is waived to the extent of liability created by this | |
| 28 | 28 | section. | |
| 29 | 29 | SECTION 2. Section 118.001, Civil Practice and Remedies | |
| 30 | 30 | Code, as added by this Act, applies only to a cause of action that | |
| 31 | 31 | accrues on or after the effective date of this Act. | |
| 32 | 32 | SECTION 3. This Act takes effect September 1, 2025. |