Flores Bill Ends Wrongful Death Suits Over Abortions

The text as introduced · 364 words

90R1702 SCL-F

By: Flores
H.B. No. 438

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. This Act may be cited as the Protect Survivors'

Health Care Decisions Act.

SECTION 2. 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 3. 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 4. 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, 2027.