SB 2961
Eckhardt Bill Bars Wrongful Death Suits Over An Abortion
Died in committee
Verdict: No flags
Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.
Caption from analyzed text · version I.
Summary
Current law shields the mother and licensed providers. This covers anyone who might be sued.
This bill bars wrongful death lawsuits over the death of an unborn child when the death results from an abortion, as state health law defines that term. It touches anyone who might sue over an abortion and anyone who might be sued, not just the mother and licensed providers already shielded under current law. Once it takes effect, new wrongful death claims tied to an abortion cannot be brought under this part of the civil code, while claims that arose earlier stay under the old rules.
Labels
Labels: NEVER GOT A HEARING. Filed Mar 14, 2025 and referred to the Senate State Affairs committee. No public hearing. The bill died.
Receipt
The receipt
89R-SB2961 · 2025-03-14
SOLD BY
+ 2 more authors
ITEM
relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.
WHAT IT DOES
Current law shields the mother and licensed providers. This covers anyone who might be sued.
This bill bars wrongful death lawsuits over the death of an unborn child when the death results from an abortion, as state health law defines that term. It touches anyone who might sue over an abortion and anyone who might be sued, not just the mother and licensed providers already shielded under current law. Once it takes effect, new wrongful death claims tied to an abortion cannot be brought under this part of the civil code, while claims that arose earlier stay under the old rules.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
- Received by the Secretary of the Senate
- Filed
- Read first time
- Referred to State Affairs
FILED UNDER
The bill adds a lawsuit shield that blocks wrongful death claims over any unborn child death resulting from an abortion, no matter who is sued.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Jul 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Missing data does not establish zero giving. Display amounts are rounded.
Votes
No floor vote loaded for this bill.
Fiscal
No fiscal note in the loaded record.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Sources
Texas Senate · Filed Mar 14, 2025
04/07/2025 S Referred to State Affairs
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · State Affairs · Final status: Died in committee
Companion
HB 5237 by Flores (identical)
Subjects
Abortion
Civil Remedies & Liabilities
Health Care Providers
MEDICINE & PRESCRIPTION DRUGS
Text
The text as introduced · 351 words
89R5804 SCL-D By: Eckhardt, et al. S.B. No. 2961 A BILL TO BE ENTITLED AN ACT relating to wrongful death actions arising from the death of an unborn child resulting from an abortion. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 71.003(c), Civil Practice and Remedies Code, is amended to read as follows: (c) This subchapter does not apply to a claim for the death of an individual who is an unborn child that : (1) is brought against: (A) [ (1) ] the mother of the unborn child; (B) [ (2) ] a physician or other licensed health care provider, if the death is the intended result of a lawful medical procedure performed by the physician or health care provider with the requisite consent; (C) [ (3) ] a person who dispenses or administers a drug in accordance with law, if the death is the result of the dispensation or administration of the drug; or (D) [ (4) ] a physician or other health care provider licensed in this state, if the death directly or indirectly is caused by, associated with, arises out of, or relates to a lawful medical or health care practice or procedure of the physician or the health care provider ; or (2) is the result of an abortion, as defined by Section 245.002, Health and Safety Code . SECTION 2. Section 71.003, Civil Practice and Remedies Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.