Texas Bill Relating to Civil Liability and Criminal Penalties for Performing Certain Abortions (HB 4527)

HB 4527 would create civil and criminal penalties for certain violations of state law regarding abortion.

A person who violates Section 170.002—performs an abortion on a person who is pregnant with a viable fetus during the third trimester of the pregnancy—would be committing a felony of the second degree and would be liable for a civil penalty of $30,000 for each violation.

A person who violates Section 171.102—performs a partial-birth abortion—would be committing a felony of the second degree and would liable for a civil penalty of $30,000 for each violation.

A person who violates Section 171.152—performs a “dismemberment abortion”—would be committing a felony of the second degree and would be liable for a civil penalty of $30,000 for each violation.

A felony of the second degree is punishable by imprisonment for any term between two and 20 years. The felony charges for each offense could be increased to a felony of the first degree if the person has previously been convicted of certain other offenses.

The bill provides that the state attorney general may sue to collect the penalty, and that they would need to file an action in a district court in Travis County or the county in which the violation occurred.

Civil Practice and Remedies

Current state law allows the surviving spouse, children, and parents of the deceased to bring the action for damages. The bill would allow a next friend to bring an action for damages arising from an injury that causes an individual’s death.

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Related Legislation

Similar to HB 4526, which would only create civil penalties for the same offenses.

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Latest Action

3/8/19 – Introduced.

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People