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.