By Moffat H.B. No. 757
75R4266 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to parental consent to an abortion performed on a minor;
1-3 providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 2, Family Code, is amended by
1-6 adding Chapter 33 to read as follows:
1-7 CHAPTER 33. PARENTAL CONSENT TO ABORTION
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 33.001. DEFINITIONS. In this chapter:
1-10 (1) "Abortion" has the meaning assigned by Section
1-11 4.011(a), Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-12 Statutes).
1-13 (2) "Abuse" has the meaning assigned by Section
1-14 261.001.
1-15 (3) "Minor" has the meaning assigned by Section
1-16 101.003.
1-17 Sec. 33.002. PARENTAL CONSENT TO ABORTION. A physician may
1-18 not perform an abortion on a minor unless the minor and a parent,
1-19 managing conservator, or guardian of the minor have consented to
1-20 the abortion.
1-21 Sec. 33.003. EXCEPTIONS. Consent of a parent, managing
1-22 conservator, or guardian under Section 33.002 is not required if:
1-23 (1) at the time of the abortion the physician:
1-24 (A) concludes in good faith according to the
2-1 physician's best medical judgment that:
2-2 (i) there is a condition that complicates
2-3 the medical status of the pregnant minor; and
2-4 (ii) because of the condition described by
2-5 Subparagraph (i), delay of the abortion creates a serious risk of
2-6 death or of substantial and irreversible impairment of a major
2-7 bodily function; and
2-8 (B) identifies in the minor's medical record the
2-9 specific medical factors on which the determination to proceed with
2-10 an abortion under this subdivision is based; or
2-11 (2) a parent, managing conservator, or guardian is not
2-12 available or refuses to give consent or the minor elects not to
2-13 seek the consent and a judge authorizes the abortion under
2-14 Subchapter B.
2-15 Sec. 33.004. APPLICATION TO NONRESIDENT MINOR. This chapter
2-16 applies to a minor who is located in this state, without regard to
2-17 whether the minor is a resident of this state.
2-18 (Sections 33.005-33.010 reserved for expansion
2-19 SUBCHAPTER B. JUDICIAL BYPASS PROCEDURE
2-20 Sec. 33.011. JUDICIAL APPROVAL. A pregnant minor who wishes
2-21 to have an abortion without the consent of a parent, managing
2-22 conservator, or guardian may file in a district court an
2-23 application for a court order authorizing the physician to perform
2-24 the abortion without notice to the parent, managing conservator, or
2-25 guardian.
2-26 Sec. 33.012. STANDARD FOR APPROVAL OF APPLICATION. The
2-27 court shall authorize a physician to perform the abortion without
3-1 the consent of a parent, managing conservator, or guardian if the
3-2 judge determines that:
3-3 (1) the pregnant minor is sufficiently mature and
3-4 well-informed to consent to the abortion independently of her
3-5 parent, managing conservator, or guardian; or
3-6 (2) performance of an abortion on the pregnant minor
3-7 without notice to or the consent of the parent, managing
3-8 conservator, or guardian would be in the minor's best interest.
3-9 Sec. 33.013. APPLICATION BY MINOR OR NEXT FRIEND. An
3-10 application under this subchapter may be filed by the minor or may
3-11 be filed on behalf of the minor by a next friend, except that the
3-12 application may not be filed by:
3-13 (1) a physician who performs abortions;
3-14 (2) a person who is employed by or receives financial
3-15 consideration from:
3-16 (A) a physician who performs abortions or an
3-17 abortion facility; or
3-18 (B) an organization that provides abortion
3-19 services, abortion counseling, or referrals to entities that
3-20 provide abortion services; or
3-21 (3) a person who serves as a board member or volunteer
3-22 of an organization that provides abortion services, abortion
3-23 counseling, or referrals to entities that provide abortion
3-24 services.
3-25 Sec. 33.014. ATTORNEY OR GUARDIAN AD LITEM. Not later than
3-26 the 24th hour after receiving a request for an attorney or guardian
3-27 ad litem from a minor in connection with an application under this
4-1 subchapter, the court shall appoint an attorney or guardian ad
4-2 litem for the minor.
4-3 Sec. 33.015. ASSISTANCE OF COURT. (a) The clerk of the
4-4 court, or other court personnel contacted by a minor with respect
4-5 to a potential application under this subchapter, shall advise the
4-6 minor:
4-7 (1) that a proceeding on the application is
4-8 confidential and the minor may use her initials instead of her name
4-9 on the application;
4-10 (2) that the minor has the right to an appointed
4-11 attorney or guardian ad litem, as provided by this chapter; and
4-12 (3) that the minor has a right to assistance in
4-13 preparing and filing the application.
4-14 (b) On the request of the minor, the court shall provide the
4-15 minor assistance in preparing and filing the application.
4-16 Sec. 33.016. HEARING. Subject to Section 33.019, the court
4-17 shall hold a hearing on an application under this subchapter not
4-18 later than the 72nd hour after the application is filed, excluding
4-19 any Sunday or holiday that falls in that period.
4-20 Sec. 33.017. ORDER OF COURT. (a) The court shall issue a
4-21 written order granting or denying an application under this chapter
4-22 and containing specific findings of fact and conclusions of law in
4-23 support of the order. The order may confirm a ruling made on the
4-24 record during a hearing.
4-25 (b) An order issued under this section is a confidential
4-26 record under Section 33.020.
4-27 (c) Subject to Section 33.019, the court shall issue the
5-1 written order required by this section not later than the 48th hour
5-2 after the hearing is held, excluding any Sunday or holiday that
5-3 falls in that period.
5-4 Sec. 33.018. APPEAL. A minor whose application is denied
5-5 under this subchapter may appeal the denial to the court of
5-6 appeals. The notice of appeal must be filed not later than the
5-7 24th hour after the issuance of the order denying the application.
5-8 The appeal is perfected on the 72nd hour after the time the notice
5-9 of appeal is filed, excluding any Sunday or holiday that falls in
5-10 that period.
5-11 Sec. 33.019. EXPEDITED PROCEEDINGS. A court shall reach a
5-12 decision on an application or appeal under this subchapter in
5-13 sufficient time to provide an effective opportunity for the minor
5-14 to consent to the abortion.
5-15 Sec. 33.020. PROCEEDING AND RECORDS CONFIDENTIAL. (a) A
5-16 proceeding under this subchapter is closed to the public and any
5-17 record relating to the proceeding is confidential.
5-18 (b) The minor may use initials instead of her name on the
5-19 application or notice of appeal.
5-20 (c) This section does not prevent the court from reporting
5-21 suspected abuse of a minor in accordance with Section 33.023.
5-22 Sec. 33.021. COURT FEE. A court may not assess a minor a
5-23 fee in connection with a proceeding under this subchapter.
5-24 Sec. 33.022. VENUE. Venue for an application under this
5-25 subchapter is in the county in which the minor's residence is
5-26 located or the county in which the minor is found.
5-27 Sec. 33.023. COURT ACTION; ABUSE. If a minor making an
6-1 application under this chapter reveals to the district court that
6-2 she is the victim of abuse or that her pregnancy may be the result
6-3 of abuse, the court shall:
6-4 (1) report the abuse as required by Chapter 261; and
6-5 (2) advise the minor that there are laws to protect
6-6 her, including Chapter 262.
6-7 (Sections 33.024-33.050 reserved for expansion
6-8 SUBCHAPTER C. ENFORCEMENT
6-9 Sec. 33.051. CRIMINAL PENALTY. (a) A physician commits an
6-10 offense if the physician intentionally performs an abortion in
6-11 violation of Section 33.002.
6-12 (b) An offense under this section is a Class C misdemeanor.
6-13 SECTION 2. This Act takes effect September 1, 1997, and
6-14 applies only to an abortion performed on or after that date. An
6-15 abortion performed before September 1, 1997, is governed by the law
6-16 as it existed immediately before the effective date of this Act,
6-17 and that law is continued in effect for that purpose.
6-18 SECTION 3. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.