SRC-TNM S.B. 86 75(R)BILL ANALYSIS


Senate Research CenterS.B. 86
By: Shapiro
Health and Human Services
4-8-97
Committee Report (Amended)


DIGEST 

Currently, Texas law does not require parents to receive notification that
their minor child is seeking an abortion.  S.B. 86 requires parental
notification before an abortion can be performed on a minor, and provides
exceptions in which parental notification is not in the child's best
interest. 

PURPOSE

As proposed, S.B. 86 outlines provisions and provides a criminal penalty
relating to parental notification before an abortion may be performed on a
minor. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2 A, Family Code, by adding Chapter 33, as follows:

   CHAPTER 33. NOTICE OF ABORTION

 Sec. 33.001. DEFINITIONS. Defines "abortion," "fetus," "guardian,"
"medical    emergency," and "physician." 

 Sec. 33.002. PARENTAL NOTICE. Sets forth the exceptions from which a
physician is  prohibited from performing an abortion on a pregnant
unemancipated minor.  Requires the  Texas Department of Health to prepare
a form to be used for making the certification that  there are medical
indications supporting the physician's judgment that a medical emergency
exists and that there is insufficient time to provide the required notice.
Provides that a  physician who violates this section commits a Class A
misdemeanor.  

 Sec. 33.003. JUDICIAL APPROVAL. Outlines the provisions by which a
pregnant minor  who wishes to have an abortion without notification to one
of her parents, her managing  conservator, her guardian, or her guardian
ad litem may file an application for a court order  authorizing the minor
to consent to the performance of an abortion without notification to
either of her parents, or a managing conservator, guardian, or a guardian
ad litem. 

 Sec. 33.004. APPEAL.  Sets forth the terms by which a minor whose
application under  Section 33.003 is denied is authorized to appeal to the
district court having jurisdiction over  civil matters in the county in
which the application was filed.  Sets forth the terms by which  the court
is authorized to rule on an appeal under this section.  

SECTION 2.  Requires the Texas Supreme Court to issue promptly such rules
necessary that the process established by Sections 33.003 and 33.004,
Family Code, be conducted to ensure confidentiality and precedence over
other matters to ensure promptness. 

SECTION 3. Effective date: September 1, 1997, except as provided by
SECTION 5 of this Act. 

SECTION 4. Makes application of, Chapter 33, Family Code, as added by this
Act, prospective to  January 1, 1998. 

SECTION 5. Effective date: January 1, 1998 for Section 33.002(d), Family
Code, as added by this Act. 

SECTION 6. Makes application of Section 33.002(a)(4), Family Code,
prospective to December 15, 1997. 

SECTION 7. Makes application of Sections 33.003 and 33.004, Family Code,
prospective to December 15, 1997. 

SECTION 8. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 33.002(a), Family Code, by inserting the word
"unemancipated" between the words "pregnant" and "minor."