HBA-AMW, MSH H.B. 509 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 509
By: Allen
State Affairs
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Many states provide civil or criminal penalties relating to the death or
injury of an unborn child.  In Texas, current law does not provide for a
wrongful death cause of action or criminal sanctions for the death of an
unborn child.  House Bill 509 provides that an individual includes an
unborn child at every stage of gestation from fertilization until birth for
the purpose of imposing civil and criminal penalties on persons who cause
death or injury to an unborn child, with certain exceptions.   

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. 

ANALYSIS

House Bill 509 amends the Civil Practice and Remedies Code to add the
definitions of "death" and "individual" for the purpose of permitting an
action for actual damages arising from the wrongful death of an unborn
child.  "Death" includes, for an individual who is an unborn child, the
failure to be born alive. "Individual" includes an unborn child at every
stage of gestation from fertilization until birth.   

The bill amends the Penal Code to add the definition of "death" and amend
the definition of "individual." "Individual" means a human being who is
alive, including an unborn child at every stage of gestation from
fertilization until birth, rather than a human being who has been born and
is alive.  The bill provides that for the purposes of kidnapping or
unlawful restraint, "individual" means a human being who has been born and
is alive.  The bill establishes that provisions relating to wrongful death
apply only if the individual injured would have been entitled to bring an
action for the injury if the individual had been born alive.  The bill
establishes that provisions relating to wrongful death, assaultive
offenses, and criminal homicide do not apply to death of an unborn child if
the claim brought or conduct charged involves the mother of the unborn
child, a physician or other licensed health care provider who performs a
lawful medical procedure intended to end the life of the unborn child, or a
person who legally dispenses or administers a drug intended to do the same.
The bill provides an exception for the offenses of intoxication assault and
intoxication manslaughter with regard to conduct committed by the mother of
an unborn child. 
 
EFFECTIVE DATE

September 1, 2001.