SB 1204

relating to an unborn child's rights and the civil and criminal
liability and justification for prohibited conduct regarding an
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 71.003(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c)  This subchapter does not apply to a claim for the death
of an individual who is an unborn child that is brought against[:
[(1)]  the mother of the unborn child[;
[(2)  a physician or other licensed health care
provider, if the death is the intended result of a lawful medical
procedure performed by the physician or health care provider with
[(3)  a person who dispenses or administers a drug in
accordance with law, if the death is the result of the dispensation
or administration of the drug; or
[(4)  a physician or other health care provider
licensed in this state, if the death directly or indirectly is
caused by, associated with, arises out of, or relates to a lawful
medical or health care practice or procedure of the physician or the
SECTION 2.  Section 1.07(a)(26), Penal Code, is amended to
(26)  "Individual" means a human being who is alive,
including an unborn child at every stage of development [gestation]
from fertilization until birth.
SECTION 3.  Chapter 1, Penal Code, is amended by adding
Section 1.11 to read as follows:
Sec. 1.11.  APPLICABILITY OF CODE PROVISIONS TO UNBORN
VICTIMS.  The provisions of this code apply equally to a violation
committed against any victim, regardless of whether the victim is
an unborn child or an individual who was born alive.
SECTION 4.  Subchapter B, Chapter 9, Penal Code, is amended
by adding Section 9.23 to read as follows:
Sec. 9.23.  CERTAIN MEDICAL PROCEDURES.  Conduct is
justified if the conduct charged is a lawful medical procedure
(1)  was performed by a licensed physician;
(2)  was performed on a pregnant female to avert the
(3)  resulted in the accidental or unintentional death
of the unborn child the pregnant female is carrying; and
(4)  was performed when reasonable alternatives to save
the life of the unborn child were:
(B)  attempted unsuccessfully before the
performance of the medical procedure.
SECTION 5.  Section 19.06, Penal Code, is amended to read as
Sec. 19.06.  APPLICABILITY TO CERTAIN CONDUCT.  This chapter
does not apply to the death of an unborn child if the conduct
[(1)]  conduct committed by the mother of the unborn
[(2)  a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent, if the death of the unborn child was the intended result of
[(3)  a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent as part of an assisted reproduction as defined by Section
[(4)  the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law].
SECTION 6.  Section 22.12, Penal Code, is amended to read as
Sec. 22.12.  APPLICABILITY TO CERTAIN CONDUCT.  This chapter
does not apply to conduct charged as having been committed against
an individual who is an unborn child if the conduct is[:
[(1)]  committed by the mother of the unborn child[;
[(2)  a lawful medical procedure performed by a
physician or other health care provider with the requisite consent;
[(3)  a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent as part of an assisted reproduction as defined by Section
[(4)  the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law].
SECTION 7.  (a)  Except as otherwise provided by Subsection
(b) of this section, the changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose.  For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
(b)  Section 71.003(c), Civil Practice and Remedies Code, as
amended by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.  A cause of action that
accrues before the effective date of this Act is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 8.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.