Bill

HB 200

85(R) - 2017
House Public Health
Read Bill & Check Bill Status
House Public Health
Abortion
Health & Human Services
Healthcare

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Cindy Burkett

Co-Author(s)

Rodney Anderson
Trent Ashby
Ernest Bailes
Cecil Bell Jr.
Dennis Bonnen
Greg Bonnen
DeWayne Burns
Giovanni Capriglione
Tony Dale
Jay Dean
Justin Holland
Mark Keough
Phil King
Jeff Leach
Tom Oliverson
Dennis Paul
Leighton Schubert
Hugh Shine
Ron Simmons
Drew Springer
Phil Stephenson
Lynn Stucky
Valoree Swanson
Ed Thompson
Jason Villalba
Terry Wilson
Paul Workman

Bill Caption

Relating to certain prohibited abortions and the treatment and disposition of a human fetus, human fetal tissue, and other tissue resulting from pregnancy; creating a civil cause of action; creating offenses.

Bill Analysis

HB 200 would prohibit partial-birth abortions. This ban would relate to abortions in which the physician performing the service has the intention of killing a partially delivered living baby, except when necessary to save the mother’s life. The penalty for performing a partial-birth abortion would be a state jail felony. A woman on whom a partial birth abortion was performed may not be prosecuted for conspiracy to commit a violation under this subchapter.

This bill would allow the father of the baby to bring a civil action, and to obtain relief including monetary damages for physical injury, mental anguish, and emotional distress. If the mother of the baby is younger than 18 a parent of the mother may bring a civil action. If the person consented to the partial-birth abortion, or if the person’s criminally injurious conduct resulted in the pregnancy, they may not pursue a civil action. A physician who is the subject of a criminal or civil action under the provisions of this bill would be entitled to a hearing before the Texas Medical Board to determine if the partial birth abortion was necessary. 

This bill would also add a chapter relating to the donation of fetal tissue and other tissue resulting from pregnancy. An authorized facility may donate fetal tissue only to an accredited university for use in research. The donation of the fetal tissue requires the informed consent of the mother. This bill also prohibits purchase and sale of human fetal tissue.  

Vote Recommendation Notes

This bill deals with what we regard primarily as a social issue. Texas Action does not make vote recommendations on social issues, therefore we remain neutral.