SRC-ARR S.B. 30 76(R)BILL ANALYSIS Senate Research CenterS.B. 30 By: Shapiro Human Services 8/9/1999 Enrolled DIGEST Currently, Texas law does not require parents to receive notification that their minor child is seeking an abortion. S.B. 30 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 enrolled, S.B. 30 relates to parental notification required before an abortion may be performed on a minor; provides a criminal penalty. RULEMAKING AUTHORITY Rulemaking authority is granted to the supreme court in SECTION 1 (Sections 33.003(k) and (c), Family Code) and SECTION 2 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, "physician," and "unemancipated minor." Sec. 33.002. PARENTAL NOTICE. Prohibits a physician from performing an abortion on a pregnant unemancipated minor unless certain conditions are satisfied. Authorizes a physician to perform an abortion, if the physician gives 48 hours notice by certified mail, restricted delivery, sent to the last known address, to the person to whom notice may be given under Subsection (a)(1). Provides that the period begins when the certified mail notice is mailed. Authorizes the abortion to proceed even if the certified mail notice is not received, if the person required to be notified is not notified within the 48-hour period. Authorizes the requirement that 48 hours actual notice be provided under this section to be waived by an affidavit of certain persons. Authorizes a physician to execute for inclusion in the minor's medical record an affidavit stating that, according to the best information and belief of the physician, notice or constructive notice has been provided as required by this section. Provides that execution of an affidavit under this subsection creates a presumption that the requirements of this section have been satisfied. Requires the Texas Department of Health (TDH) to prepare a form to be used for making the required certification. Provides that a certification required by Subsection (a)(4) is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or certain legal processes. Prohibits personal or identifying information about the minor, including her name, address, or social security number from being included in a certification under Subsection (a)(4). Requires the physician to keep the medical records on the minor in compliance with the rule adopted by the Texas State Board of Medical Examiners (board). Provides that a physician who intentionally performs an abortion on a pregnant unemancipated minor in violation of this section commits an offense. Provides that an offense under this subsection is punishable by a fine not to exceed $10,000. Defines "intentionally." Sets forth a defense for prosecution. Defines "defense." Authorizes a defendant to seek a hearing before the board on whether the physician's conduct was necessary to avert the death of the minor or to avoid a serious risk of substantial and irreversible impairment of a major bodily function. Provides that the findings of the board under this subsection are admissible on that issue in the trial of the defendant. Requires the court to delay the beginning of the trial for not more than 30 days to permit a hearing under this subsection to take place. Sec. 33.003. JUDICIAL APPROVAL. Authorizes a pregnant minor to apply for a court order authorizing the minor to consent to the performance of an abortion without the notification of her parents or guardian. Authorizes the application to be filed in the county court at law or a court having probate jurisdiction or district court, including a family district court, in this state. Requires the application to be made under oath and include certain information. Requires the clerk of the court to deliver a courtesy copy of the application made under this section to the judge who is to hear the application. Requires the court to appoint a guardian ad litem for the minor. Provides that if the guardian ad litem is an attorney, the court may appoint the guardian ad litem to serve as the minor's attorney. Authorizes the court to appoint certain persons to serve as guardian ad litem. Requires the court to fix a time for a hearing on the application and to keep records of all testimony. Requires the court to enter judgment on the application immediately after the hearing is concluded. Sets forth requirements and provisions regarding an application submitted under this section. Requires the court to determine whether the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification to parents or guardian or whether notification would not be in the best interest of the minor. Provides that if the court finds that the minor can have an abortion performed, the court shall enter an order authorizing the minor to consent to the performance of the abortion without notification. Prohibits the court from authorizing a minor to consent to an abortion without notification if the minor does not meet the requirements of Subsection (i). Prohibits the court from notifying a parent or guardian that the minor is pregnant or wants to have an abortion. Requires the court proceedings to be conducted in a manner that protects the anonymity of the minor. Provides that the application and all other court documents pertaining to the proceedings are confidential and privileged and are not subject to disclosure or other legal processes. Authorizes the minor to file the application using a pseudonym or using only her initials. Provides that an order issued under this section is confidential and privileged and is not subject to disclosure or other legal processes. Prohibits the order from being released to any person but the pregnant minor, guardian ad litem, the minor's attorney, and other certain persons. Authorizes the supreme court to adopt rules to permit confidential docketing of an application under this section. Requires the clerk of the supreme court to prescribe the application form to be used by the minor filing an application under this section. Provides that a filing fee is not required of and court costs may not be assessed against a minor filing an application under this section. Sec. 33.004. APPEAL. Authorizes the minor whose application is denied to appeal to the court of appeals having jurisdiction over civil matters in the county. Sets forth requirements for the 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 with the court. Requires the court to grant an extension of the period specified by this subsection, on request of the minor. Requires the court to rule on the appeal not later than a certain date, if a request for an extension in made. Provides that if the court fails to rule on the appeal, it is considered to be granted and the physician may perform the abortion. Requires the proceedings under this section to be given precedence over other pending matters. Provides that an appeals court ruling is confidential and privileged and is not subject to disclosure or other legal process. Provides that the ruling may not be released to any person but the minor, the guardian ad litem, attorney or other person designated by the minor, or governmental a agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor. Authorizes the supreme court to adopt rules to permit confidential docketing of an appeal. Requires the clerk of the supreme court to prescribe the notice of appeal form to be used by the minor appealing a judgment under this section. Provides that a filing fee is not required and court costs may not be assessed against a minor. Requires an expedited confidential appeal to be available to the minor. Sec. 33.005. AFFIDAVIT OF PHYSICIAN. Authorizes a physician to execute for inclusion in the minor's medical record an affidavit stating that, after reasonable inquiry, it is the belief of the physician that certain action has been taken. Authorizes a physician who in good faith has executed as affidavit under Subsection (a) to rely on the affidavit and to perform the abortion as if the court had issued an order granting the application or appeal. Sec. 33.006. GUARDIAN AD LITEM IMMUNITY. Provides that a guardian ad litem appointed under this chapter and acting in the course and scope of the appointment is not liable for damages arising from an act or omission of the guardian ad litem committed in good faith. Provides that the immunity granted by this section does not apply if the conduct of the guardian ad litem is committed in a manner described by Sections 107.003(b) (1)-(4). Sec. 33.007. COSTS PAID BY STATE. Authorizes a court acting under Section 33.003 or 33.004 to issue an order requiring the state to pay certain fees. Requires an order issued under Subsection (a) to be directed to the comptroller, who shall pay the amount ordered from funds appropriated to the Texas Department of Health. Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR; INVESTIGATION AND ASSISTANCE. Requires a physician who has reason to believe that a minor has been or may be physically or sexually abused by a certain person to immediately report the suspected abuse to the Department of Protective and Regulatory Services (department) and to refer the minor to the department for services or intervention that may be in the best interest of the minor. Requires the department to investigate suspected abuse reported under this section and, if appropriate, to assist the minor in making an application with a court under Section 33.003. Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. Requires a court or the guardian ad litem or attorney ad litem for the minor to report conduct reasonably believed to violate Section 22.011, 22.021, or 25.02, Penal Code, based on information obtained during a confidential court proceeding held under this chapter to certain agencies. Sec. 33.010. CONFIDENTIALITY. Provides that notwithstanding any other law, information obtained by the department or another entity under Section 33.008 or 33.009 is confidential except to the extent necessary to prove a violation of Section 22.011, 22.021, or 25.02, Penal Code. Sec. 33.011. INFORMATION RELATING TO JUDICIAL BYPASS. Requires the Texas Department of Health (TDH) to produce and distribute informational materials that explain the rights of a minor under this chapter. Requires the materials to explain the procedures established by Sections 33.003 and 33.004 and to be made available in English and Spanish. Requires the materials provided by TDH to also provide information relating to alternatives to abortion and health risks associated with abortion. SECTION 2. Requires the supreme court to issue rules promptly. SECTION 3. Effective date: September 1, 1999 SECTION 4. Makes application of this Act prospective to 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. Requires the clerk of the Supreme Court of Texas to adopt the application form and notice of appeal form to be used under Sections 33.003 and 33.004, Family Code, no later than December 15, 1999. SECTION 7. Emergency clause.