By: Money H.B. No. 163       A BILL TO BE ENTITLED   AN ACT   relating to the protection of an unborn child's rights and criminal   liability and justification for prohibited conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Acknowledging the sanctity of innocent human   life created in the image of God, the purposes of this Act are to:                (1)  follow the United States Constitution, which   provides that "[n]o State shall . . . deny to any person within its   jurisdiction the equal protection of the laws";                (2)  protect the lives of preborn children with the   same criminal and civil laws protecting the lives of human beings   born alive by repealing laws that permit wilful prenatal homicide   and assault;                (3)  repeal laws that could be interpreted as allowing   a person to pressure a pregnant mother to obtain an abortion; and                (4)  secure the right to life and equal protection of   the laws for all preborn children from the moment of fertilization   and to protect pregnant mothers.          SECTION 2.  Section 1.07(a)(26), Penal Code, is amended to   read as follows:                (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 19, Penal Code, is amended by adding   Section 19.07 to read as follows:          Sec. 19.07.  APPLICABILITY OF CHAPTER TO UNBORN VICTIMS.   (a) The provisions of this chapter apply equally to an offense   committed against any victim, regardless of whether the victim is   an unborn child or an individual who was born alive.          (b)  The provisions of this chapter do not apply to the   unintentional injury or death of an unborn child resulting from:                (1)  lifesaving procedures undertaken to save the life   of a pregnant mother when accompanied by reasonable and available   steps to save the life of the mother's unborn child; or                (2)  a spontaneous miscarriage.          SECTION 4.  Chapter 22, Penal Code, is amended by adding   Section 22.13 to read as follows:          Sec. 22.13.  APPLICABILITY OF CHAPTER TO UNBORN VICTIMS.   (a) The provisions of this chapter apply equally to an offense   committed against any victim, regardless of whether the victim is   an unborn child or an individual who was born alive.          (b)  The provisions of this chapter do not apply to the   unintentional injury or death of an unborn child resulting from:                (1)  lifesaving procedures undertaken to save the life   of a pregnant mother when accompanied by reasonable and available   steps to save the life of the mother's unborn child; or                (2)  a spontaneous miscarriage.          SECTION 5.  Section 71.003, Civil Practice and Remedies   Code, is amended by adding Subsection (c-1) to read as follows:          (c-1)  This subchapter does not apply to the unintentional   injury or death of an unborn child resulting from:                (1)  lifesaving procedures undertaken to save the life   of a pregnant mother when accompanied by reasonable and available   steps to save the life of the mother's unborn child; or                (2)  a spontaneous miscarriage.          SECTION 6.  The following provisions are repealed:                (1)  Section 71.003(c), Civil Practice and Remedies   Code;                (2)  Section 19.06, Penal Code; and                (3)  Section 22.12, Penal Code.          SECTION 7.  (a)  The changes in law made by this Act to the   Penal Code 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 when the   offense was committed, and the former law is continued in effect for   that purpose.  For purposes of this section, an offense is committed   before the effective date of this Act if any element of the offense   occurs before the effective date.          (b)  Except as otherwise provided by Subsection (c) of this   section, Section 71.003, Civil Practice and Remedies Code, as   amended by this Act, applies only to conduct that occurs on or after   the effective date of this Act.  Conduct that occurs before the   effective date of this Act is governed by the law in effect   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          (c)  The repeal by this Act of Section 71.003(c), Civil   Practice and Remedies Code, 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 on the 91st day after the   last day of the legislative session.