SRC-ARR S.B. 27 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 27
76R1205 DLF-DBy: Nelson
Human Services
2/5/1999
As Filed


DIGEST 

Currently, 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.  S.B. 27
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, S.B. 27 relates to parental consent before an abortion may be
performed on a minor; provides a criminal penalty. 

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. 32.002. PARENTAL CONSENT. Prohibits a physician from performing an
abortion on a minor without consent from a parent, guardian,  judge or
court.  Provides that a physician can perform an abortion without consent
if a medical emergency exists.  Requires the Texas Department of Health
(TDH) to prepare a form to be used for making the certification required by
Subsection (a)(4). Establishes that a Class A misdemeanor is committed if a
physician violates this subsection. 

Sec. 33.003. JUDICIAL APPROVAL. Authorizes a minor to file an application
for a court order authorizing the minor to consent to the performance of an
abortion without consent of her parent or guardian.  Sets forth
requirements and provisions regarding the application. Requires the court
to appoint a guardian ad litem for the minor.  Sets forth requirements for
the ad litem attorney.  Requires  the court to fix a time for a hearing on
an application filed under Subsection (a) and to keep a record of all
testimony. Sets forth requirements for the court, in ruling on an
application.  Requires the court to determine whether the minor is mature
and sufficiently well-informed to make a decision to have an abortion
performed without consent or whether requiring consent is in the best
interest of  the minor.  Requires the court to enter an order and execute
the required forms if it finds that the minor can have an abortion without
consent.  Prohibits the court from authorizing the minor to have an
abortion without consent if the court finds the minor does not meet the
requirements of Subsection (g).  Prohibits the court from notifying the
parents or guardians that the minor is pregnant and wants to have an
abortion.  Requires the court to kept all proceedings and  records
confidential.  Authorizes the minor to file the application using a
pseudonym or her initials.   Requires the clerk of the supreme court to
prescribe the application form to be used by the minor filing an
application under this section.  Prohibits a filing fee and court costs to
be assessed against a minor filing an application under this section.   

Sec. 33.004. APPEAL TO DISTRICT COURT. Authorizes a minor to appeal to the
district court if the minor's application is denied. Requires the court to
rule on an appeal by a certain date which can be extended. Provides that if
the court does not rule on an appeal within the specified amount of time,
then the appeal is granted.  Requires the court to give proceedings under
this section precedence over other pending matters.  Requires the clerk of
the supreme court to prescribe the notice of appeal form. Provides that a
filing fee is not required of, and court costs may not be assessed against,
a minor filing an appeal. 

Sec. 33.005. APPEAL TO APPELLATE COURT.  Authorizes a minor to appeal to
the court of appeals that has jurisdiction over the cause if the minor's
application was denied. Sets forth provisions regarding the notice of
appeal.  Requires the court to rule on an appeal no later than 5 p.m. on
the second business day after the date the notice of appeal is filed.
Provides that if the court does not rule on the appeal during the specified
time then the appeal is granted.  Requires the court of appeals to give
proceedings under this section precedence over other pending matters.
Requires the clerk of the supreme court to prescribe the notice of the
appeal form.  Prohibits a minor from being required to post an appeal bond.

SECTION 2. Effective date: September 1, 1999, except SECTION 4 of this Act.

SECTION 3. Makes application of this Act prospective to January 1, 2000.

SECTION 4. Effective date for Section 33.002 (c): January 1, 2000.

SECTION 5. Requires the Texas Board of Health to adopt the form to be used
under Section 33.002 (a)(4), Family Code, no later than December 15, 1999. 

SECTION 6. Grants the Texas Supreme Court  rulemaking authority.

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, 33.004, and 33.005, Family Code, no later than December 15, 1999. 

SECTION 8. Emergency clause.