Enrolled Bill Summary

            Senate Bill 30 amends the Family Code to limit the performance of abortions on unmarried pregnant minors without parental notice. A physician who intentionally performs an abortion in violation of the new law commits an offense punishable by a fine of up to $10,000. The act applies to abortions on or after January 1, 2000, and to fetuses from fertilization forward. Coverage excludes certain 17-year-old resident minors who are self-supporting and 16-year-old resident minors who are self-supporting and living separately. For other minors, a physician normally must give 48 hours' advance notice to a parent, conservator, or guardian. If an intended recipient cannot be reached, the physician may perform the abortion, but not until 48 hours after sending notice by certified mail to the last known address. An abortion is permitted without notice if the physician concludes that medical complications necessitate immediate action. Indications supporting that conclusion must be certified to the Texas Department of Health and included in the medical record.

            The act establishes procedures by which a minor wanting to bypass parental notice may seek a court order from a probate court, county court at law, or district court. The judge must appoint a guardian ad litem and an attorney to represent the minor if none has been retained. The guardian ad litem may be a grandparent, an adult aunt or uncle, an adult brother or sister, a member of the clergy, a psychiatrist or psychologist, an employee of the Department of Protective and Regulatory Services, or another appropriate person. The guardian ad litem, if qualified, may also serve as the attorney. Abortion approval by the court requires a determination that the minor is mature and sufficiently well informed, that notice would not be in the minor's best interest, or that notice may lead to physical, sexual, or emotional abuse of the minor. Denial of approval may be appealed. Court failure to reach a timely determination effectively grants the minor's application and permits an abortion.

            A physician who suspects certain physical or sexual abuse of the minor must report those suspicions to the department and refer the minor to that agency for related services or intervention. A court or the minor's attorney or guardian ad litem must similarly report certain cases of sexual assault or prohibited sexual contact to the department, law enforcement officials, or other authorities. The act establishes confidentiality provisions relating to court procedures, reports to the department, and certifications of medical complication.