1-1           By:  Shapiro                                      S.B. No. 86

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; February 10, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 8, Nays 3; February 10, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Nixon

 1-8     Amend S.B. No. 86 in Section 33.002(a) by inserting the word

 1-9     unemancipated between the words pregnant and minor.

1-10                            A BILL TO BE ENTITLED

1-11                                   AN ACT

1-12     relating to parental notification before an abortion may be

1-13     performed on a minor; providing a criminal penalty.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Subtitle A, Title 2, Family Code, is amended by

1-16     adding Chapter 33 to read as follows:

1-17                       CHAPTER 33.  NOTICE OF ABORTION

1-18           Sec. 33.001.  DEFINITIONS.  In this chapter:

1-19                 (1)  "Abortion" means the use of any means to terminate

1-20     the pregnancy of a female known by the attending physician to be

1-21     pregnant, with the intention that the termination of the pregnancy

1-22     by those means will with reasonable likelihood cause the death of

1-23     the fetus.

1-24                 (2)  "Fetus" means an individual human organism from

1-25     fertilization until birth.

1-26                 (3)  "Guardian" means a court-appointed guardian of the

1-27     person of the minor.

1-28                 (4)  "Medical emergency" means a condition that, on the

1-29     basis of a physician's good faith clinical judgment, complicates

1-30     the medical condition of a pregnant woman and necessitates the

1-31     immediate abortion of her pregnancy to avert her death or to avoid

1-32     a serious risk of substantial and irreversible impairment of a

1-33     major bodily function.

1-34                 (5)  "Physician" means an individual licensed to

1-35     practice medicine in this state.

1-36           Sec. 33.002.  PARENTAL NOTICE.  (a)  A physician may not

1-37     perform an abortion on a pregnant minor unless:

1-38                 (1)  the physician performing the abortion gives at

1-39     least 48 hours actual notice, in person or by telephone, of the

1-40     physician's intent to perform the abortion to:

1-41                       (A)  a parent of the minor if the minor has no

1-42     managing conservator or guardian; or

1-43                       (B)  a court-appointed managing conservator or

1-44     guardian;

1-45                 (2)  the judge of a court having probate jurisdiction,

1-46     the judge of a county court at law, or the judge of a district

1-47     court issues an order authorizing the minor to consent to the

1-48     abortion as provided by Section 33.003 or 33.004;

1-49                 (3)  a probate court, county court at law, or district

1-50     court, by its inaction, constructively authorizes the minor to

1-51     consent to the abortion as provided by Section 33.003 or 33.004; or

1-52                 (4)  the physician performing the abortion:

1-53                       (A)  concludes that a medical emergency exists

1-54     and there is insufficient time to provide the required notice; and

1-55                       (B)  certifies in writing to the Texas

1-56     Department of Health and in the patient's medical record the

1-57     medical indications supporting the physician's judgment that a

1-58     medical emergency exists and that there is insufficient time to

1-59     provide the required notice.

1-60           (b)  If a person to whom notice may be given under Subsection

1-61     (a)(1) cannot be notified after a reasonable effort, a physician

1-62     may perform an abortion if the physician gives 48 hours

1-63     constructive notice, by certified mail sent to the last known

 2-1     address, to the person to whom notice may be given under Subsection

 2-2     (a)(1).  The period under this subsection begins when the certified

 2-3     mail notice is mailed.  If the person required to be notified is

 2-4     not notified within the 48-hour period, the abortion may proceed

 2-5     even if the certified mail notice is not received.

 2-6           (c)  The Texas  Department of Health shall prepare a form to

 2-7     be used for making the certification required by Subsection (a)(4).

 2-8           (d)  A physician who violates this section commits an

 2-9     offense.  An offense under this section is a Class A misdemeanor.

2-10           Sec. 33.003.  JUDICIAL APPROVAL.  (a)  A pregnant minor who

2-11     wishes to have an abortion without notification to one of her

2-12     parents, her managing conservator, or her guardian may file an

2-13     application for a court order authorizing the minor to consent to

2-14     the performance of an abortion without notification to either of

2-15     her parents or a managing conservator or guardian.

2-16           (b)  The application may be filed in the county court at law

2-17     or a court having probate jurisdiction for:

2-18                 (1)  the county in which the minor resides;

2-19                 (2)  a county that borders a county in which the minor

2-20     resides; or

2-21                 (3)  the county in which the hospital, clinic, or

2-22     facility in which the abortion would be performed is located.

2-23           (c)  The application must be made under oath and include:

2-24                 (1)  a statement that the minor is pregnant;

2-25                 (2)  a statement that the minor is unmarried, is under

2-26     18 years of age, and has not had her disabilities removed for

2-27     general purposes under Chapter 31;

2-28                 (3)  a statement that the minor wishes to have an

2-29     abortion without the notification of either of her parents or a

2-30     managing conservator or guardian; and

2-31                 (4)  a statement as to whether the minor has retained

2-32     an attorney and, if she has retained an attorney, the name,

2-33     address, and telephone number of her attorney.

2-34           (d)  The court shall appoint a guardian ad litem for the

2-35     minor.  If the minor has not retained an attorney, the court shall

2-36     appoint an attorney to represent the minor.  If the guardian ad

2-37     litem is an attorney admitted to the practice of law in this state,

2-38     the court may appoint the guardian ad litem to serve as the minor's

2-39     attorney.

2-40           (e)  The court shall fix a time for a hearing on an

2-41     application filed under Subsection (a) and shall keep a record of

2-42     all testimony and other oral proceedings in the action.  The court

2-43     shall enter judgment on the application immediately after the

2-44     hearing is concluded.

2-45           (f)  The court shall rule on an application submitted under

2-46     this section and shall issue written findings of fact and

2-47     conclusions of law, not later than 5 p.m. on the second business

2-48     day after the date the application is filed with the court.  The

2-49     minor may request an extension of the period specified by this

2-50     section.  If the court fails to rule on the application and issue

2-51     written findings of fact and conclusions of law within the period

2-52     specified by this subsection and an extension was not requested,

2-53     the application is deemed to be granted and the physician may

2-54     perform the abortion as if the court had issued an order

2-55     authorizing the minor to consent to the performance of the abortion

2-56     without notification under Section 33.002.  Proceedings under this

2-57     section shall be given precedence over other pending matters to the

2-58     extent necessary to assure that the court reaches a decision

2-59     promptly.

2-60           (g)  The court shall determine by a preponderance of the

2-61     evidence whether the minor is mature and sufficiently well informed

2-62     to make the decision to have an abortion performed without

2-63     notification to either of her parents or a managing conservator or

2-64     guardian or whether notification would not be in the best interest

2-65     of the minor.  If the court finds that the minor is mature and

2-66     sufficiently well informed or that notification would not be in the

2-67     minor's best interest, the court shall enter an order authorizing

2-68     the minor to consent to the performance of the abortion without

2-69     notification to either of her parents or a managing conservator or

 3-1     guardian and shall execute the required forms.

 3-2           (h)  If the court finds that the minor does not meet the

 3-3     requirements of Subsection (g), the court may not authorize the

 3-4     minor to consent to an abortion without the notification authorized

 3-5     under Section 33.002(a)(1).

 3-6           (i)  The court may not notify a parent, managing conservator,

 3-7     or guardian that the minor is pregnant or that the minor wants to

 3-8     have an abortion.  The court proceedings shall be conducted in a

 3-9     manner that protects the anonymity of the minor, and the

3-10     application and all other court documents pertaining to the

3-11     proceedings are confidential and may not be made available to the

3-12     public.  The minor may file the application using a pseudonym or

3-13     using only her initials.

3-14           (j)  The clerk of the supreme court shall prescribe the

3-15     application form to be used by the minor filing an application

3-16     under this section.

3-17           (k)  A filing fee is not required of and court costs may not

3-18     be assessed against a minor filing an application under this

3-19     section.

3-20           Sec. 33.004.  APPEAL.  (a)  A minor whose application under

3-21     Section 33.003 is denied may appeal to the district court having

3-22     jurisdiction over civil matters in the county in which the

3-23     application was filed.  On receipt of a notice of appeal, the clerk

3-24     of the court that denied the application shall deliver a copy of

3-25     the notice of appeal and record on appeal to the clerk of the

3-26     district court.  On receipt of the notice and record, the clerk of

3-27     the district court shall place the appeal on the docket of the

3-28     court.

3-29           (b)  The court shall rule on an appeal under this section not

3-30     later than 5 p.m. on the second business day after the date the

3-31     notice of appeal is filed.  The minor may request an extension of

3-32     the period specified by this subsection.  If the court fails to

3-33     rule on the appeal within the period specified by this subsection

3-34     and an extension was not requested, the appeal is deemed to be

3-35     granted and the physician may perform the abortion as if the court

3-36     had issued an order authorizing the minor to consent to the

3-37     performance of the abortion without notification under Section

3-38     33.002.  Proceedings under this section shall be given precedence

3-39     over other pending matters to the extent necessary to assure that

3-40     the court reaches a decision promptly.

3-41           (c)  The clerk of the supreme court shall prescribe the

3-42     notice of appeal form to be used by the minor appealing a judgment

3-43     under this section.

3-44           (d)  A filing fee is not required of and court costs may not

3-45     be assessed against a minor filing an appeal under this section.

3-46           (e)  An expedited confidential appeal shall be available to

3-47     any pregnant minor to whom a district court denies an order

3-48     authorizing the minor to consent to the performance of an abortion

3-49     without notification to either of her parents or a managing

3-50     conservator or guardian.

3-51           SECTION 2.  The Supreme Court of Texas shall issue promptly

3-52     such rules as may be necessary in order that the process

3-53     established by Sections 33.003 and 33.004, Family Code, as added by

3-54     this Act, be conducted in a manner that will ensure confidentiality

3-55     and sufficient precedence over all other pending matters to ensure

3-56     promptness of disposition.

3-57           SECTION 3.  Except as provided by Section 5 of this Act, this

3-58     Act takes effect September 1, 1997.

3-59           SECTION 4.  Chapter 33, Family Code, as added by this Act,

3-60     applies only to an abortion performed on or after January 1, 1998.

3-61     An abortion performed before January 1, 1998, is governed by the

3-62     law as it existed immediately before the effective date of this

3-63     Act, and that law is continued in effect for that purpose.

3-64           SECTION 5.  Subsection (d), Section 33.002, Family Code, as

3-65     added by this Act, takes effect January 1, 1998.

3-66           SECTION 6.  The Texas Board of Health shall adopt the form to

3-67     be used under Subdivision (4), Subsection (a), Section 33.002,

3-68     Family Code, as added by this Act, not later than December 15,

3-69     1997.

 4-1           SECTION 7.  The clerk of the Supreme Court of Texas shall

 4-2     adopt the application form and notice of appeal form to be used

 4-3     under Sections 33.003 and 33.004, Family Code, as added by this

 4-4     Act, not later than December 15, 1997.

 4-5           SECTION 8.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.

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