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.