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Texas · 90th Legislature Regular Session
HB438Relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.
Direction
Abortionpersonhood ivfAI label
↓Restricts abortion accessmodel 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
AbortionexceptionsAI label
↓Restricts abortion accessmodel 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.
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
HB232Relating to conditions applicable to health benefit plan coverage of in vitro fertilization procedures.↑Expands abortion access Filed
HB348Relating to including fetal development instruction as part of the required health curriculum for public school students in certain grade le↓Restricts abortion access↓Restricts abortion access Filed
HB511Relating to restricting who may be a party to a gestational agreement based on citizenship status or relation to a foreign terrorist organiz↓Restricts abortion access Filed
HB575Relating to the protection of an unborn child's rights and criminal liability and justification for prohibited conduct.↓Restricts abortion access↓Restricts abortion access Filed