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Texas · 90th Legislature Regular Session

HB438 Relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.

Direction

Abortion personhood ivfAI label

Restricts abortion access model confidence 85%

Expands the scope of wrongful death claims to include deaths of unborn children from abortions (removing prior exemption for lawful abortions), allowing civil suits against providers for such deaths.

(2) is the result of an abortion, as defined by Section 245.002, Health and Safety Code.

✓ Quote verified word for word in the bill text

Abortion exceptionsAI label

Restricts abortion access model confidence 80%

Removes the prior exemption from wrongful death suits for deaths of unborn children resulting from lawful abortions performed with consent, thereby limiting provider protections in abortion cases.

(2) is the result of an abortion, as defined by Section 245.002, Health and Safety Code.

✓ Quote verified word for word in the bill text

  1. Filed
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Stage: Filed · step 1 of 6

Last action
2026-11-09: Filed
Filed
2026-11-09
Sponsor
Maria Flores D

Why the model tagged it this way: The bill amends Texas wrongful death law to eliminate the exemption for claims arising from lawful abortions, enabling civil liability against abortion providers for the death of an unborn child; this is a fetal personhood measure that restricts abortion access by expanding potential lawsuits, with no provisions on other listed topics.

Related bills

Sponsors

Text versions

History (1 actions)
DateChamberAction
2026-11-09HFiled