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