The bill, S.B. No. 2961, amends Section 71.003(c) of the Civil Practice and Remedies Code to clarify the applicability of wrongful death claims concerning unborn children resulting from abortions. Specifically, it states that the subchapter does not apply to claims for the death of an unborn child if the death is the result of an abortion, as defined by Section 245.002 of the Health and Safety Code. The bill also outlines that claims against the mother, physicians, or health care providers are excluded if the death is the intended result of a lawful medical procedure or related to lawful medical practices.

Additionally, the bill stipulates that the amended provisions will only apply to causes of action that accrue on or after the effective date of the Act, with prior claims governed by the existing law. The Act will take effect immediately upon receiving a two-thirds vote from both houses of the legislature; otherwise, it will become effective on September 1, 2025.

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