Texas Bill Relating to Civil Liability for Performing Certain Abortions (HB 4526)

This law was last updated on Aug 29, 2019

State

Texas

Number

HB 4526

Status

Failed to Pass

Proposed

Mar 8, 2019

Topics

Targeted Regulation of Abortion Providers

Full Bill Text

capitol.texas.gov

HB 4526 would create civil 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 liable for a civil penalty of $30,000 for each violation.

A person who violates Section 171.043—fails to determine the post-fertilization age of the fetus prior to an abortion—would be liable for a civil penalty of $30,000 for each violation.

A person who violates Section 171.044—performs an abortion after 20 or more weeks post-fertilization—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 liable for a civil penalty of $30,000 for each violation.

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

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.

Related Legislation

Similar to HB 4527, which would create both civil and criminal penalties for the same violations.

Latest Action

3/8/19 – Introduced.