By Chris Fox, KRLD Austin Bureau Chief
AUSTIN (1080 KRLD) - State Representative Jeff Leach joined Senator Lois Kolkhorst at the Texas Capitol to announce the filing of the "Texas Born-Alive Infant Protection Act."
The Act is designed to strengthen the protections afforded to infants who survive abortion procedures by creating a physician-patient relationship between the physician and the surviving infant at the time of birth, thus requiring the highest standards of medical care to be afforded to the baby.
The legislation creates statutory civil causes of action for the surviving child, or her parent or legal guardian, to pursue against the physician, should the physician fail to provide the appropriate medical treatment to the child. Further, the bill creates a similar cause of action for the Texas Attorney General to pursue against the physician on behalf of the state.
Importantly, the legislation outlines strong protections to ensure that the woman who seeks the abortion is shielded from liability, in accordance with existing state law.
The legislation also creates a reporting mechanism by which a person who has knowledge of a physician's failure to provide the appropriate standard of medical care can report any incident to the Office of the Attorney General.
At a Capitol press conference Leach stated, "With the filing of the Texas Born-Alive Infant Protection Act, the Texas Legislature will draw a line in the sand, proclaiming clearly and loudly, on behalf of the Texans we represent, that a baby who survives an abortion deserves the full protection of the law and the highest standards of medical care."
The bills have the endorsement of Governor Abbott. He issued the following statement:
"Representative Leach and Senator Kolkhorst are proven pro-life champions and I thank them for their commitment to fighting to ensure the most vulnerable among us are protected. The growing support for infanticide demonstrates a monstrous disregard for basic human dignity, and it is vital that we take a stand on behalf of unborn children and abortion survivors in the State of Texas. I look forward to working with Representative Leach and Senator Kolkhorst, as well as all the members of the legislature, to foster a culture of life and build upon our proud record of defending human life."
Doctors and abortion rights groups argue against the legislation saying it's unusual for live infants to be born during attempted late-term abortions. NARAL Pro Choice Texas released this statement:
"Contrary to the popular narrative we've been hearing this session about legislators focusing on the kitchen table issues Texans care about, Kolkhorst's and Leach's bill proves to us that the extremist lawmakers are hell-bent on using abortion as a political wedge issue, even if it means promoting lies. Its true intent is to intimidate abortion providers, interfere in the patient-doctor relationship and create an even more hostile environment for doctors to provide care in. Let's be clear, abortion is a crucial part of the full spectrum of reproductive healthcare. The majority of Texans and Americans that believe that abortion should be legal and accessible. Restrictions like HB 16 and SB 23 are part of a national strategy to ban all abortion care in the nation."
