By Ogden H.B. No. 951
74R3439 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice to a parent, guardian, or conservator before an
1-3 abortion may be performed on a pregnant minor; providing a criminal
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle C, Title 2, Family Code, is amended by
1-7 adding Chapter 37 to read as follows:
1-8 CHAPTER 37. NOTICE OF ABORTION
1-9 Sec. 37.01. DEFINITIONS. In this chapter:
1-10 (1) "Abortion" means the use of any means to terminate
1-11 the pregnancy of a female known to be pregnant with knowledge that
1-12 the termination by those means will, with reasonable likelihood,
1-13 cause the death of the fetus.
1-14 (2) "Fetus" means an individual human organism from
1-15 fertilization until birth.
1-16 Sec. 37.02. NOTICE CONCERNING ABORTION. (a) A physician
1-17 may not perform an abortion on an unemancipated minor until at
1-18 least 48 hours after notice of the abortion is given as required by
1-19 this section.
1-20 (b) The notice must be addressed to a parent, managing
1-21 conservator, or guardian of the minor.
1-22 (c) The notice must be:
1-23 (1) personally delivered by the physician or another
1-24 person on behalf of the physician; or
2-1 (2) made by certified mail, return receipt requested,
2-2 with delivery restricted to the addressee.
2-3 (d) If the notice is mailed under Subsection (c)(2), the
2-4 notice is effective at noon on the first day on which regular mail
2-5 delivery takes place after the date the notice is mailed.
2-6 Sec. 37.03. EXCEPTIONS. Notice under this chapter is not
2-7 required if:
2-8 (1) the attending physician certifies in the medical
2-9 record that the abortion is necessary to prevent death and there is
2-10 insufficient time to provide the required notice;
2-11 (2) a person entitled to notice certifies in writing
2-12 that the person has been notified;
2-13 (3) a judge authorizes the abortion under Section
2-14 37.04; or
2-15 (4) the minor does not have a living parent and a
2-16 managing conservator or guardian has not been appointed for the
2-17 minor.
2-18 Sec. 37.04. JUDICIAL APPROVAL. (a) A pregnant minor who
2-19 wishes to have an abortion without notice to a parent, managing
2-20 conservator, or guardian may file in a district court of the county
2-21 in which the minor resides, of a county that borders the county in
2-22 which the minor resides, or of the county in which the hospital,
2-23 clinic, or other facility in which the abortion would be performed
2-24 is located, an application for a court order authorizing the
2-25 physician to perform the abortion without notice to the parent,
2-26 managing conservator, or guardian.
2-27 (b) The court shall, after a hearing, authorize a physician
3-1 to perform the abortion without notice to a parent, managing
3-2 conservator, or guardian if the judge determines that:
3-3 (1) the pregnant minor is mature and capable of giving
3-4 informed consent; or
3-5 (2) performance of an abortion on the pregnant minor
3-6 without notice to the parent, managing conservator, or guardian
3-7 would be in the minor's best interest.
3-8 (c) The judge who conducts proceedings under this section
3-9 shall make specific factual findings and legal conclusions
3-10 supporting the judge's decision and shall order a record of the
3-11 evidence and the findings and conclusions to be maintained for an
3-12 appropriate period.
3-13 (d) The pregnant minor may participate in proceedings in the
3-14 court on her own behalf, and the court may appoint a guardian ad
3-15 litem for the minor. The court shall advise the pregnant minor
3-16 that she has a right to court-appointed counsel and shall, on the
3-17 minor's request, provide the minor with counsel.
3-18 (e) A pregnant minor may appeal an order of a judge denying
3-19 the minor's application.
3-20 (f) An order granting a pregnant minor's application may not
3-21 be appealed.
3-22 (g) A proceeding under this section has precedence over all
3-23 other matters pending in the court of a different nature. The
3-24 court shall reach a decision in a timely manner to protect the best
3-25 interests of the pregnant minor.
3-26 (h) A proceeding under this section shall be conducted in a
3-27 manner that protects the anonymity of the minor. Court documents
4-1 pertaining to the proceeding are confidential.
4-2 (i) A filing fee is not required of, and court costs may not
4-3 be assessed against, a minor filing an application or appeal under
4-4 this section.
4-5 (j) Each district court and appellate court shall at all
4-6 times provide access to the court for a minor wishing to initiate
4-7 proceedings under this section.
4-8 Sec. 37.05. CIVIL LIABILITY. A physician who performs an
4-9 abortion in violation of Section 37.02 is liable to a person
4-10 entitled to notice under that section for damages resulting from
4-11 the performance of the abortion.
4-12 Sec. 37.06. CRIMINAL PENALTY. (a) A physician commits an
4-13 offense if the physician performs an abortion in violation of
4-14 Section 37.02.
4-15 (b) An offense under this section is a Class B misdemeanor.
4-16 Sec. 37.07. DEFENSE. A physician is not liable under
4-17 Section 37.05, and it is a defense to prosecution under Section
4-18 37.06 if the physician:
4-19 (1) establishes, by written evidence, that the
4-20 physician relied on evidence sufficient to convince a careful and
4-21 prudent person that the representations of the pregnant minor
4-22 regarding information necessary to provide notice under or
4-23 otherwise comply with Section 37.02 were true; or
4-24 (2) attempted, with reasonable diligence, to deliver
4-25 notice but was unable to do so.
4-26 SECTION 2. This Act takes effect September 1, 1995, and
4-27 applies only to an abortion performed on or after that date. An
5-1 abortion performed before the effective date of this Act is
5-2 governed by the law as it existed immediately before the effective
5-3 date of this Act, and that law is continued in effect for that
5-4 purpose.
5-5 SECTION 3. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.