HB 2843

89R13130 AMF-F
		By: Zwiener
  H.B. No. 2843
  A BILL TO BE ENTITLED
  AN ACT
  relating to civil liability for sexual assault resulting in a
  pregnancy carried to term.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 98C to read as follows:
  CHAPTER 98C.  LIABILITY FOR SEXUAL ASSAULT RESULTING IN PREGNANCY
         Sec. 98C.001.  DEFINITION.  In this chapter, "sexual
  assault" means conduct described by Section 22.011, Penal Code.
         Sec. 98C.002.  LIABILITY FOR SEXUAL ASSAULT RESULTING IN
  PREGNANCY.  (a)  A defendant who commits an act of sexual assault is
  liable to the victim of the sexual assault, as provided by this
  chapter, for damages arising out of a pregnancy resulting from the
  sexual assault if the victim carries the pregnancy to term.
         (b)  It is not a defense to liability under this chapter that
  a defendant has been acquitted or has not been prosecuted or
  convicted under Section 22.011, Penal Code, or has been convicted
  of a different offense or of a different type of offense, for the
  conduct that is alleged to give rise to liability under this
  chapter.
         Sec. 98C.003.  DAMAGES.  (a)  A claimant who prevails in an
  action brought under this chapter is entitled to recover actual
  damages related to the pregnancy, the birth, and the care of the
  child, including:
               (1)  medical expenses, including prenatal care,
  delivery costs, and postnatal care;
               (2)  loss of income, wages, or earning capacity;
               (3)  any other economic damages related to the
  pregnancy, birth, or care of the child; and
               (4)  noneconomic damages, as defined by Section 41.001.
         (b)  Noneconomic damages, including damages for mental
  anguish and physical and emotional pain and suffering, may be
  awarded to a claimant who prevails in an action brought under this
  chapter regardless of whether economic damages are awarded to the
  claimant.
         Sec. 98C.004.  CAUSE OF ACTION CUMULATIVE.  The cause of
  action created by this chapter is cumulative of any other remedy
  provided by common law or statute, including the ability to seek
  payments for support of a child under Chapter 154, Family Code.
         SECTION 2.  Chapter 98C, Civil Practice and Remedies Code,
  as added by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2025.