SRC-SLL C.S.S.B. 411 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 411
By: Nelson
Health & Human Services
2-7-97
Committee Report (Substituted)


DIGEST 

Currently, the Texas Family Code requires parental consent prior to the
performance of an abortion on a minor child.  However, U.S. Supreme Court
decisions have rendered similar requirements in other states
unconstitutional because they lack a judicial bypass mechanism.  Although
the Texas statute has not been struck down in the courts, it must be read
together with the holdings of the Supreme Court.  Therefore, serious
questions exist regarding the constitutionality and enforceability of the
Texas law.   This bill will require a physician to notify and obtain the
consent of a parent, managing conservator, or guardian of a pregnant minor
prior to performing an abortion on that minor, with certain exceptions,
including a judicial bypass mechanism.  This bill also provides a penalty
for failure to notify and obtain the consent of a parent, managing
conservator, or guardian of a pregnant minor.  

PURPOSE

As proposed, C.S.S.B. 411 provides for the notification and consent of a
parent, managing conservator, or guardian of a pregnant minor before a
physician performs an abortion on that minor, with certain exceptions,
including a judicial bypass mechanism, and provides a penalty for failure
to notify and obtain the consent of the parent, managing conservator, or
guardian. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Supreme Court in SECTION 6 of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2A, 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 CONSENT.  Prohibits a physician from performing an
abortion on a pregnant minor unless certain criteria are met.  Requires
the Texas Department of Health to prepare a form to be used for making the
certification required by Subsection (a)(4).  Provides that a physician
commits a Class A misdemeanor if the physician violates this section. 

Sec.  33.003.  JUDICIAL APPROVAL.  Authorizes a pregnant minor who wishes
to have an abortion without the consent of either of her parents, her
managing conservator, or her guardian to file an application for a court
order authorizing the minor to consent to the performance of an abortion
without the consent of either of her parents or a managing conservator or
guardian.  Sets forth the procedure by which judicial approval may be
obtained for an abortion without the consent of the minor's parents,
managing conservator or guardian. 

Sec.  33.004.  APPEAL TO DISTRICT COURT.  Authorizes a minor whose
application under Section 33.003 is denied to appeal to the district court
having jurisdiction over civil  matters in the county in which the
application was filed.  Sets forth procedures for appeal of a decision
denying an application for an abortion without the consent of the minor's
parents, managing conservator, or guardian. 

Sec.  33.005.  APPEAL TO APPELLATE COURT.  Authorizes a minor whose
application under Section 33.004 is denied to appeal to the court of
appeals having jurisdiction over the cause.  Sets forth procedures for
appeal of a decision by a district court denying an application for an
abortion without the consent of the minor's parents, managing conservator,
or guardian. 

SECTION 2. Effective date: September 1, 1997, except as provided by
SECTION 4 of this Act. 

SECTION 3. Makes application of Chapter 33, Family Code, as added by this
Act, prospective to January 1, 1998. 

SECTION 4. Provides that Section 33.002(e), Family Code, as added by this
Act, takes effect January 1, 1998. 

SECTION 5. Requires the Texas Board of Health to adopt the form to be used
under Section 33.002(a)(4), Family Code, as added by this Act, not later
than December 15, 1997. 

SECTION 6. Requires the Texas Supreme Court to promptly issue rules
necessary to ensure that the process established by Sections
33.003-33.005, Family Code, as added by this Act, will be conducted in a
manner that will ensure confidentiality and sufficient precedence over all
other pending matters to ensure promptness of disposition. 

SECTION 7. Requires the clerk of the Texas Supreme Court to adopt the
application form and notice of appeal form to be used under Sections
33.003-33.005, Family Code, as added by this Act, not later than December
15, 1997. 

SECTION 8. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Sections 33.002-33.005, Family Code, to delete reference
to notification.