HB 16

86(R) - 2019
House Judiciary & Civil Jurisprudence
Senate Health & Human Services
House Judiciary & Civil Jurisprudence
Senate Health & Human Services
Civil Remedies

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Positive


Jeff Leach
Greg Bonnen
Stephanie Klick
Geanie Morrison
Tom Oliverson


Steve Allison
Charles Anderson
Trent Ashby
Ernest Bailes
Cecil Bell Jr.
Keith Bell
Kyle Biedermann
Dwayne Bohac
Brad Buckley
DeWayne Burns
Dustin Burrows
Angie Chen Button
Briscoe Cain
Giovanni Capriglione
Travis Clardy
John Cyrier
Drew Darby
Jay Dean
Dan Flynn
James Frank
John Frullo
Charlie Geren
Craig Goldman
Sam Harless
Cody Harris
Cole Hefner
Justin Holland
Dan Huberty
Todd Hunter
Kyle Kacal
Ken King
Phil King
Matt Krause
John Kuempel
Stan Lambert
Brooks Landgraf
Mike Lang
Lyle Larson
Ben Leman
J.M. Lozano
Will Metcalf
Morgan Meyer
Mayes Middleton
Rick Miller
Jim Murphy
Andrew Murr
Candy Noble
Leo Pacheco
Chris Paddie
Tan Parker
Jarred Patterson
Dennis Paul
Dade Phelan
Four Price
John Raney
Scott Sanford
Matt Schaefer
Matt Shaheen
J.D. Sheffield
Hugh Shine
Reggie Smith
John Smithee
Drew Springer
Phil Stephenson
Jonathan Stickland
Lynn Stucky
Valoree Swanson
Ed Thompson
Tony Tinderholt
Steve Toth
Gary VanDeaver
James White
Terry Wilson
John Wray
Bill Zedler
John Zerwas


Lois Kolkhorst

Bill Caption

Relating to enforcement of the rights of a living child born after an abortion; creating a civil cause of action.

Fiscal Notes

According to the Legislative Budget Board, no significant fiscal implication to the State is anticipated.

Bill Analysis

HB 16 would establish a physician-patient relationship between a child born alive after an abortion and the physician who performed or attempted the abortion. The physician must exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious physician would for any other child born at the same gestational age, this includes immediately transferring the child to a hospital.

A physician who violates this bill's provisions by failing to provide appropriate medical treatment to a child born alive after an abortion is liable to the state for a civil penalty of not less than $100,000. Such an offense is also a third degree felony. Persons who have knowledge of a failure to comply has a duty to report such actions to the attorney general. 

Vote Recommendation Notes

Texas Action supports HB 16 because it promotes individual liberty. This bill would ensure that a living human child born alive following an attempted abortion is entitled to the same rights and privileges that are granted to any other child born alive.

Organizations Supporting

Texas Alliance for Life