| 1 | 1 | | 89R5804 SCL-D |
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| 2 | 2 | | By: Eckhardt, et al. S.B. No. 2961 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to wrongful death actions arising from the death of an |
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| 10 | 10 | | unborn child resulting from an abortion. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 71.003(c), Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | (c) This subchapter does not apply to a claim for the death |
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| 15 | 15 | | of an individual who is an unborn child that: |
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| 16 | 16 | | (1) is brought against: |
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| 17 | 17 | | (A) [(1)] the mother of the unborn child; |
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| 18 | 18 | | (B) [(2)] a physician or other licensed health |
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| 19 | 19 | | care provider, if the death is the intended result of a lawful |
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| 20 | 20 | | medical procedure performed by the physician or health care |
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| 21 | 21 | | provider with the requisite consent; |
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| 22 | 22 | | (C) [(3)] a person who dispenses or administers a |
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| 23 | 23 | | drug in accordance with law, if the death is the result of the |
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| 24 | 24 | | dispensation or administration of the drug; or |
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| 25 | 25 | | (D) [(4)] a physician or other health care |
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| 26 | 26 | | provider licensed in this state, if the death directly or |
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| 27 | 27 | | indirectly is caused by, associated with, arises out of, or relates |
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| 28 | 28 | | to a lawful medical or health care practice or procedure of the |
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| 29 | 29 | | physician or the health care provider; or |
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| 30 | 30 | | (2) is the result of an abortion, as defined by Section |
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| 31 | 31 | | 245.002, Health and Safety Code. |
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| 32 | 32 | | SECTION 2. Section 71.003, Civil Practice and Remedies |
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| 33 | 33 | | Code, as amended by this Act, applies only to a cause of action that |
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| 34 | 34 | | accrues on or after the effective date of this Act. A cause of |
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| 35 | 35 | | action that accrues before the effective date of this Act is |
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| 36 | 36 | | governed by the law as it existed immediately before the effective |
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| 37 | 37 | | date of this Act, and that law is continued in effect for that |
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| 38 | 38 | | purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2025. |
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