H.B. No. 5237 amends the Civil Practice and Remedies Code to clarify the applicability of wrongful death actions concerning unborn children resulting from abortions. The bill specifies that claims for the death of an unborn child do not apply to actions against the mother, physicians, or health care providers if the death is the intended result of a lawful medical procedure performed with consent. Additionally, it introduces a new provision that explicitly states such claims are not applicable if the death is the result of an abortion, as defined by the Health and Safety Code.

The bill also establishes that the amended provisions will only apply to causes of action that accrue on or after the effective date of the Act, with prior actions governed by the law in effect before the amendment. The Act is set to take effect immediately upon receiving a two-thirds vote from both houses of the legislature or on September 1, 2025, if such a vote is not achieved.

Statutes affected:
Introduced: Civil Practice and Remedies Code 71.003 (Civil Practice and Remedies Code 71)