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Texas Bill Relating to the Rights of a Living Child After an Abortion (HB 16)

This law was last updated on Sep 2, 2019


This law is Anti–Choice

State

Texas

Number

HB 16

Status

Current

Proposed

Mar 7, 2019

Topics

Later Abortion

Full Bill Text

capitol.texas.gov

HB 16 requires a physician to exercise the same degree of “professional skill, care, and diligence” to preserve the life and health of a child born alive after an abortion as they would render to any other child born alive at the same gestational age. This includes the requirement that the physician who performed or attempted to perform the abortion ensure that the child born alive be immediately transferred to a hospital.

A physician who fails to provide the appropriate medical treatment to a child born alive after an abortion would be liable to the state for a civil penalty of at least $100,000. The attorney general would be authorized to bring a suit to collect the penalty.

A physician or health-care practitioner who fails to provide the appropriate medical treatment to a child born alive after an abortion or an attempted abortion would be committing a felony of the third degree, punishable by imprisonment for any term between two to 10 years.

The bill allows the child born alive, or their parent or legal guardian, to bring a civil action against a physician who performed or attempted the abortion if the physician fails to provide the appropriate medical treatment to the child.


Related Legislation

Similar to SB 23.


Latest Action

3/7/19 – Introduced.

4/17/19 – Passed the House in a 94-2 vote.

5/16/19 – Amended; passed the Senate in a 21-10 vote.

5/23/19 – Concurred in House.

6/14/19 – Signed into law by Republican Gov. Greg Abbott.


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