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. The new language specifies 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. Additionally, it retains existing exclusions for claims against the mother, licensed health care providers performing lawful medical procedures with consent, and those administering drugs in accordance with the law.

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, while causes of action that arise before this date will continue to be governed by the previous law. 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)