BILL ANALYSIS
C.S.S.B. 83
By: Shapiro
Health and Human Services
04-28-95
Committee Report (Substituted)
BACKGROUND
Current law does not provide any mechanism requiring parents to be
made aware that their minor child is seeking an abortion. Some
exceptions exist, however, where parental notification is not in
the child's best interest.
PURPOSE
As proposed, C.S.S.B. 83 requires parental notification before an
abortion can be performed on a minor; and provides exceptions.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 2C, Family Code, by adding Chapter 37, as
follows:
CHAPTER 37. NOTICE OF ABORTION
Sec. 37.01. DEFINITIONS. Defines "abortion," "fetus,"
"guardian," "medical emergency," and "physician."
Sec. 37.02. PARENTAL NOTICE. (a) Prohibits a physician from
performing an abortion on a pregnant minor, unless the
physician gives 48 hours notice of intent to perform the
abortion; obtains parental consent, court-ordered consent; or
the physician concludes the abortion is a medical necessity.
(b) Authorizes a person to perform an abortion if 48 hours
notice is given by certified mail to the person to the
parent or guardian even if the certified mail notice is not
received by the parent or guardian.
(c) Requires the Texas Department of Health (department) to
prepare a form to be used for making certification required
by Subsection (a)(4).
(d) Provides that a person who violates this section
commits a Class A misdemeanor.
Sec. 37.03. JUDICIAL APPROVAL. (a) Authorizes a pregnant
minor who wishes to have an abortion without parental consent
to file in the appropriate court an application for a court
order authorizing the minor to consent to an abortion.
(b) Authorizes the application to be filed in the county
court at law or a court having probate jurisdiction for
certain counties.
(c) Requires the application to be made under oath and sets
forth its contents.
(d) Requires the court to appoint a guardian ad litem and
an attorney, if one has not been obtained. Authorizes the
guardian and the attorney to be the same person if
qualified.
(e) Requires the court to fix a time for a hearing the an
application, record all proceedings, and enter judgment on
the application immediately after the hearing.
(f) Requires the court to rule on an application submitted
under this section and to issue written findings of fact and
conclusions of law, not later than 5 p.m. on the second
business day after the date the application is filed with
the court. Authorizes the minor to request an extension of
the period specified by this section. Provides that if the
court fails to rule on the application and issue written
findings of fact and conclusions of law within the period
specified by this subsection and an extension was not
requested, the application is deemed to be granted and the
physician may perform the abortion as if the court had
issued an order authorizing the minor to consent to the
performance of the abortion without notification under
Section 37.02. Requires proceedings under this chapter to
be given precedence over other pending matters to the extent
necessary to assure that the court reaches a decision
promptly.
(g) Requires the court determine by a preponderance of the
evidence if the minor is mature and well informed enough to
have an abortion or that notification would not be in the
minor's best interest. Requires the court to enter an order
authorizing the minor to consent if the court determines she
is mature enough or if that it would be in the best interest
of the child not to notify the parent or guardian.
(h) Prohibits the court from authorizing the abortion if
the requirements from Subsection (f) are not met.
(i) Prohibits the court from notifying parents,
conservators, or guardians that the minor is pregnant or
wants to have an abortion. Provides that court proceedings
and the application are confidential regarding a pregnant
minor. Authorizes the minor to file the application using
a pseudonym or using only her initials.
(j) Requires the clerk of the supreme court to prescribe
the application form for the purposes of this section.
(k) Provides that a filing fee and court cost are not
required of a minor.
Sec. 37.04. APPEAL. Authorizes a minor to appeal a denied
application. Sets forth the procedure and the period by which
the appeal must be heard.
(b) Requires the court to rule on an appeal under this
section not later than 5 p.m. on the second business day
after the date the notice of appeal is filed. Authorizes
the minor to request an extension of the period specified by
this subsection. Provides that an appeal is deemed to be
granted and the physician may perform the abortion as if the
court had issued an order authorizing the minor to consent
to performance of the abortion without notification under
Section 37.02 if the court fails to rule on the appeal
within the period specified by this subsection and an
extension was not requested. Requires proceedings under
this section to be given precedence over other pending
matters to the extent necessary to assure that the court
reaches a decision promptly.
(c) Requires the clerk of the supreme court to prescribe
the notice of appeal form to be used by the minor appealing
a judgment under this section.
(d) Provides that a filing fee is not required of, and
court costs may not be assessed against, a minor filing an
appeal under this section.
(e) Requires an expedited confidential appeal to be
available to any pregnant woman to whom a district court
denies an order authorizing the minor to consent to the
performance of an abortion without notification to either of
her parents or a managing conservator or guardian.
SECTION 2. Requires the Texas Supreme Court to issue promptly such
rules as may be necessary that the process established by Sections
37.03 and 37.04, Family Code, as added by this Act, be conducted in
such a manner as will ensure confidentiality and sufficient
precedence over all other pending matters to ensure promptness of
disposition.
SECTION 3. Effective date: September 1, 1995, except as provided
by Section 5.
SECTION 4. Makes application of Chapter 37, Family Code, of this
Act prospective beginning January 1, 1996.
SECTION 5. Effective date for Chapter 37.02(d), Family Code:
January 1, 1996.
SECTION 6. Requires the Texas Board of Health to adopt the forms
under Sections 37.02(a)(4), Family Code, on or before December 15,
1995.
SECTION 7. Requires the clerk of the Texas Supreme Court to adopt
the forms under Sections 37.03 and 37.04, Family Code, as added by
this Act, not later than December 15, 1995.
SECTION 8. Emergency clause.