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A BILL TO BE ENTITLED
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AN ACT
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relating to appointment of an attorney ad litem or guardian ad litem |
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to represent an unborn child during a court proceeding authorizing |
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a pregnant minor to consent to an abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001, Family Code, is amended by |
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adding Subdivision (4-a) to read as follows: |
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(4-a) "Unborn child" has the meaning assigned by |
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Section 171.061, Health and Safety Code. |
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SECTION 2. Section 33.003, Family Code, is amended by |
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adding Subsections (f-1) and (f-2) and amending Subsection (l) to |
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read as follows: |
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(f-1) The court may appoint an attorney ad litem or guardian |
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ad litem to represent an unborn child during a proceeding under this |
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section. |
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(f-2) The attorney general shall develop and maintain a |
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registry listing the name of and contact information for attorneys |
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qualified to serve as attorneys ad litem and other individuals |
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qualified to serve as guardians ad litem in this state who |
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voluntarily notify the attorney general of their willingness to |
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serve, or on request of the attorney general consent to serve, as |
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attorneys ad litem or guardians ad litem, as applicable, for an |
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unborn child in proceedings under this section. |
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(l) An order of the court issued under this section is |
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confidential and privileged and is not subject to disclosure under |
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Chapter 552, Government Code, or discovery, subpoena, or other |
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legal process. The order may not be released to any person but the |
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pregnant minor, the pregnant minor's guardian ad litem, the unborn |
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child's attorney ad litem or guardian ad litem, the pregnant minor's |
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attorney, the physician who is to perform the abortion, another |
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person designated to receive the order by the minor, or a |
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governmental agency or attorney in a criminal or administrative |
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action seeking to assert or protect the interest of the minor. The |
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supreme court may adopt rules to permit confidential docketing of |
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an application under this section. |
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SECTION 3. Section 33.004(c), Family Code, is amended to |
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read as follows: |
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(c) A ruling of the court of appeals issued under this |
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section is confidential and privileged and is not subject to |
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disclosure under Chapter 552, Government Code, or discovery, |
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subpoena, or other legal process. The ruling may not be released to |
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any person but the pregnant minor, the pregnant minor's guardian ad |
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litem, the unborn child's attorney ad litem or guardian ad litem, |
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the pregnant minor's attorney, another person designated to receive |
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the ruling by the minor, or a governmental agency or attorney in a |
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criminal or administrative action seeking to assert or protect the |
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interest of the minor. The supreme court may adopt rules to permit |
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confidential docketing of an appeal under this section. |
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SECTION 4. Section 33.006, Family Code, is amended to read |
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as follows: |
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Sec. 33.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM |
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IMMUNITY. A guardian ad litem appointed for a pregnant minor under |
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this chapter or attorney ad litem or guardian ad litem appointed for |
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an unborn child who is [and] acting in the course and scope of the |
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appointment is not liable for damages arising from an act or |
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omission of the guardian or attorney ad litem committed in good |
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faith. The immunity granted by this section does not apply if the |
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conduct of the guardian or attorney ad litem is committed in a |
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manner described by Sections 107.009(b)(1)-(3) |
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[107.003(b)(1)-(4)]. |
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SECTION 5. Section 33.007(a), Family Code, is amended to |
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read as follows: |
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(a) A court acting under Section 33.003 or 33.004 may issue |
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an order requiring the state to pay: |
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(1) the cost of any attorney ad litem and any guardian |
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ad litem appointed for the minor or for an unborn child; |
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(2) notwithstanding Sections 33.003(n) and 33.004(e), |
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the costs of court associated with the application or appeal; and |
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(3) any court reporter's fees incurred. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act takes effect September 1, 2021. |