HBA-ALS H.B. 1382 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1382
By: Isett
State Affairs
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, the mother of a child can bring a suit for civil damages
against a person for injuries inflicted upon the mother's unborn child
during gestation only if the child is born alive but dies as a result of
those injuries.  A wrongful death action cannot be taken against a person
for injuries resulting in the death of an unborn child.  Currently, there
are thirty-seven states that allow courts to award civil damages for the
wrongful death of an unborn child.  H.B. 1382 holds a person liable for
damages arising from an injury to an unborn child at any stage of gestation
that causes the unborn child's failure to be born alive.  The bill also
provides that this bill does not apply if the unborn child's death results
from the conduct of, at the request of, or with the consent of the unborn
child's mother. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 71.001 and 71.003, Civil Practice and Remedies
Code, as follows: 

Sec.  71.001.  DEFINITIONS.  Defines "death" and "individual."
Redesignates existing Subsection (2) to Subsection (4). 

Sec.  71.003.  New title: APPLICATION; CERTAIN CONDUCT EXCEPTED.  Provides
that this subchapter applies only if the injured individual would have been
entitled to bring an action for the injury if the individual had lived or
been born alive.  Provides that this subchapter does not apply to the death
of an unborn child if the death results from the conduct of the unborn
child's mother or occurs at the request or with the consent of the mother. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Makes application of this Act prospective.

SECTION 4.Emergency clause.