HBA-ATS, TYH C.S.S.B. 30 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 30 By: Shapiro State Affairs 5/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a physician is not required to notify the parent or guardian of a minor of an intent to perform an abortion on that minor. C.S.S.B. 30 requires a physician intending to perform an abortion on a minor to notify the parent or guardian of the minor and provides for a judicial bypass of the notification in certain circumstances. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Supreme Court of Texas in SECTION 1 (Sections 33.003 and 33.004, Family Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle A, Title 2, Family Code, by adding Chapter 33, as follows: CHAPTER 33. NOTICE OF ABORTION Sec. 33.001. DEFINITIONS. Defines "abortion," "guardian," "physician," and "unemancipated minor." Sec. 33.002. PARENTAL NOTICE. (a) Prohibits a physician from performing an abortion on an unemancipated pregnant minor unless: (1) the physician gives at least 48 hours actual notice, in person or by telephone, of the physician's intent to perform the abortion to a parent of the minor, if the minor has no managing conservator or guardian, or a court-appointed managing conservator or guardian; (2) the judge of a court having probate jurisdiction, the judge of a county court at law, the judge of a district court, including a family district court, or a court of appellate jurisdiction issues an order authorizing the minor to consent to the abortion as provided by Section 33.003 or 33.004; (3) a probate court, county court at law, district court, including a family district court, or court of appeals, by its inaction, constructively authorizes the minor to consent to the abortion as provided by Section 33.003 or 33.004; or (4) the physician performing the abortion concludes on the basis of good faith clinical judgment, that a condition exists that complicates the pregnant minor's medical condition and necessitates the immediate abortion of her pregnancy to avert the minor's death or to avoid a serious risk of substantial and irreversible impairment of a major bodily function, and certifies in writing to the Texas Department of Health and in the patient's medical record the indications supporting the physician's judgment that the condition exists. (b) Authorizes a physician to perform an abortion when a parent, guardian, or conservator cannot be notified after reasonable effort, if the physician gives at least 48 hours constructive notice, by certified mail, restricted delivery, sent to the last known address of the parent, guardian, or conservator. Establishes that the time period under this subsection begins when the notice is mailed. Authorizes the abortion, if the person required to be notified is not notified within the 48-hour period, to proceed even if the notice by mail is not received by the person to whom it is sent. (c) Authorizes the waiver of the requirement that 48 hours actual notice be provided, by an affidavit of a parent of the minor or a court-appointed managing conservator or guardian. (d) 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, the required notice or constructive notice has been provided. Provides that execution of this affidavit creates a conclusive presumption that the requirements of this section have been satisfied. (e) Requires the Texas Department of Health to prepare a certification form required by Subsection (a)(4). (f) Provides that a certification required by Section 33.002(a)(4) is confidential and privileged and is not subject to disclosure under Chapter 552 (Public Information), Government Code, or to discovery, subpoena, or other legal process. Prohibits personal or identifying information about the minor from being included in a certification. Provides that the physician must keep the minor's medical records in compliance with the rules adopted by the Texas State Board of Medical Examiners (board) under Section 5.085, Article 4495b, V.T.C.S. (Medical Practice Act). (g) Provides that a physician who intentionally performs an abortion on a pregnant unemancipated minor in violation of this section commits a Class A misdemeanor. Defines "intentionally." (h) Provides that it is a defense to prosecution under proposed Section 33.002 that the minor falsely represented her age or identity to the physician to be at least 18 years of age by displaying an apparently valid governmental record of identification such that a reasonable person under similar circumstances would have relied on the representation. Provides that the affirmative defense does not apply if the physician is shown to have had independent knowledge of the minor's actual age or identity or failed to use due diligence in determining the minor's age or identity. Defines "defense." (i) Authorizes the defendant in a trial in which the conduct charged involves a conclusion made by the physician under Section 33.002(a)(4) 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 are admissible on that issue in the trial of the defendant. Requires the court, on motion of the defendant, to delay the beginning of the trial for not more than 30 days to permit the hearing before the board to occur. Sec. 33.003. JUDICIAL APPROVAL. (a) Authorizes a pregnant minor who wishes to have an abortion without notification to one of her parents, managing conservator, or her guardian, to file an application for a court order authorizing the performance of an abortion without such notification. (b) Authorizes the application to be filed in any county court at law, court having probate jurisdiction, or a district court, including a family district court, in this state. (c) Provides that the application must be made under oath and include certain enumerated statements. (d) Requires the clerk of the court to deliver a courtesy copy of the application to the judge who is to hear the application. (e) Requires the court to appoint a guardian ad litem for the minor and to appoint an attorney for the minor if one has not been retained. Authorizes the court to appoint the guardian ad litem to serve as the attorney if the guardian ad litem is licensed to practice law in the state. (f) Enumerates the persons authorized to be appointed by the court to serve as guardian ad litem. (g) Requires the court to fix a time for a hearing on an application under Subsection (a) and keep a record of all testimony and other oral proceedings in the action. Requires the court to enter judgment on the application immediately after the hearing is concluded. (h) Requires the court to rule on an application and issue written findings of fact and conclusions of law no later than 5 p.m. on the second business day after the date the application was filed with the court. Requires the court, on request by the minor, to grant an extension of the period specified by this subsection. Requires the court, if a request for an extension is made, to rule on an application and to issue written findings of fact and conclusions of law by 5 p.m. on the second business day after the minor states she is ready to proceed to hearing. Provides that an application is considered to be granted and the physician may perform the abortion as if the court had issued an order authorizing the minor to consent to the performance of the abortion without notification under Section 33.002, if the court fails to rule on the application within the allotted time. Requires proceedings under this section to be given precedence over other pending matters to the extent necessary to ensure that the court reaches a prompt decision. (i) Requires the court to determine by a preponderance of the evidence whether the minor is mature and sufficiently well informed to make the decision to have an abortion without notification to either of her parents or a managing conservator or guardian, whether the notification would not be in the best interest of the minor, or whether notification may lead to physical, sexual, or emotional abuse of the minor. Requires the court, if it finds that the minor is mature and sufficiently well informed, that notification would not be in the minor's best interest, or that notification may lead to physical, sexual, or emotional abuse of the minor, to enter an order authorizing the minor to consent to the abortion without notification to either parents or a managing conservator or guardian and to execute the requisite forms. (j) Prohibits the court from authorizing the minor to consent to an abortion without the notification under Section 33.002(a)(1), if the court finds that the minor does not meet the requirements outlined in Subsection (i). (k) Prohibits the court from notifying a parent, managing conservator, or guardian that the minor is pregnant or that the minor 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 documents pertaining to the proceedings are confidential and privileged and are not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process. Authorizes the minor to file the application using a pseudonym or only her initials. (l) Provides that an order of the court issued under this section is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process. Prohibits the order from being released to any person but the pregnant minor, the pregnant minor's guardian ad litem, the pregnant minor's attorney, another person designated to receive the order by the minor, or governmental 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 application. (m) Requires the clerk of the supreme court to prescribe the application form to be used by the minor filing an application. (n) Provides that a filing fee is not required, and prohibits court costs from being assessed against a minor filing an application. Sec. 33.004. APPEAL. (a) Authorizes a minor whose application under Section 33.003 is denied to appeal to the appellate court having jurisdiction over civil matters in the county in which the application was filed. Requires the clerk of the court that denied the application, upon receipt of a notice of appeal, to deliver a copy of the notice of appeal and record on appeal to the clerk of the court of appeals who is required to place the appeal on the court docket. (b) Requires the appellate court to rule on the appeal under this section no later than 5 p.m. on the second business day after the date the notice of appeal is filed with the court that denied the application. Requires the court, on request by the minor, to grant an extension of the period specified by this subsection. Requires the court, if a request for an extension is made, to rule on the appeal by 5 p.m. on the second business day after the minor states she is ready to proceed. Provides that the appeal is considered to be granted and the physician may perform the abortion as if the court had issued an order authorizing the minor to consent to the performance of the abortion without notification under Section 33.002, if the court fails to rule on the appeal within the period specified by this subsection. Requires that proceedings under this section be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly. (c) Provides that a ruling of the court of appeals issued under this section is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process. Prohibits the ruling from being released to any person but the pregnant minor, the pregnant minor's guardian ad litem, the pregnant minor's attorney, another person designated to receive the ruling by the minor, or governmental 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. (d) Requires the clerk of the supreme court to prescribe the notice of appeal form used by the minor appealing a judgment under this section. (e) Provides that a filing fee is not required, and prohibits charging court costs against a minor filing an appeal under this section. (f) Requires an expedited confidential appeal to be made available to any pregnant minor to whom a court of appeals denies an order authorizing the minor to consent to the performance of an abortion without notification to either of her parents or a managing conservator or guardian. Sec. 33.005. AFFIDAVIT OF PHYSICIAN. (a) Authorizes a physician to execute, for inclusion in the minor's medical record, an affidavit stating that, after reasonable inquiry, it is the physician's belief that the minor has made an application or filed a notice of appeal, that the deadline for court action has passed, and that the physician has been notified that the court has not denied the application or appeal. (b) Authorizes a physician who in good faith has executed this affidavit to conclusively rely on it and to perform the abortion. 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) (relating to recklessly or negligently offered advice). 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 the cost of any attorney ad litem and any guardian ad litem appointed for the minor, the costs of court associated with the application or appeal, notwithstanding Sections 33.003(n) and 33.004(e), and any court reporter's fees incurred. Provides that an order issued under this section must be directed to the comptroller, who is required to 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. (a) Requires a physician who has reason to believe that a minor has been or may be physically or sexually abused by a person responsible for the minor's care, custody, or welfare, as that term is defined by Section 261.001 (Definitions), to immediately report the suspected abuse to the Department of Protective and Regulatory Services (DPRS) and to refer the minor to the department for services or intervention that may be in the minor's best interest. (b) Requires DPRS to investigate suspected abuse reported under this section and, if appropriate, to assist the minor in making an application with a court. 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 (Sexual Assault), 22.021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct), Penal Code, based on information obtained during a confidential court proceeding held under this chapter to: _any local or state law enforcement agency; _the DPRS, if the alleged conduct involves a person responsible for the care, custody, or welfare of the child; _ the state agency that operates, licenses, certifies, or registers the facility in which the alleged conduct occurred, if the alleged conduct occurred in such a facility; or _an appropriate agency designated by the court. Sec. 33.010. CONFIDENTIALITY. Provides that information obtained by DPRS or another entity under proposed 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, notwithstanding any other law. SECTION 2. Requires the supreme court to promptly issue rules necessary in order that proceedings under Sections 33.003 and 33.004, Family Code, as added by this Act, may be conducted in a manner that ensures confidentiality and has sufficient precedence to ensure prompt disposition. SECTION 3. Effective date: September 1, 1999. SECTION 4. Makes application of Chapter 33, Family Code, as added by this Act, prospective, as of 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, as added by this Act, before December 15, 1999. SECTION 6. Requires the clerk of the supreme court to adopt the application and notice of appeal forms to be used under Sections 33.003 and 33.004, Family Code, as added by this Act, before December 15, 1999. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 30 differs from the original bill in SECTION 1 by redefining the definition of "abortion" found in proposed Section 33.001, Family Code. Under the substitute, "abortion" has the meaning assigned by Section 4.011(a), Article 4495b, V.T.C.S. (Medical Practice Act), and, under the substitute, applies only to an unemancipated minor known by the attending physician to be pregnant, and is prohibited from being construed to limit a minor's access to contraceptives. In the original, "abortion" meant the use of any means to terminate the pregnancy of a female known by the attending physician to be pregnant, with the intention that the termination of the pregnancy by those means will with reasonable likelihood cause the death of the fetus. In proposed Section 33.001, the substitute differs from the original by removing the proposed definitions of "fetus" and "medical emergency." The substitute also differs by adding the definition of "unemancipated minor" (a minor who is unmarried and who has not had the disability of minority removed under Chapter 31 (Removal of Disabilities of Minority)). Accordingly, the substitute redesignates Subdivisions (3) and (5) of the original to Subdivisions (2) and (3) of the substitute. In proposed Section 33.002(a)(2), the substitute differs from the original by specifying that the judge of a district court includes the judge of a family district court. Because of the substitute's inclusion of a family district court, the substitute makes conforming changes in proposed Sections 33.002(a)(3) and 33.003(b). The substitute also differs from the original in proposed Section 33.002(a)(2) by replacing "the judge of the court of appeals" with "a court of appellate jurisdiction." In proposed Section 33.002(a)(4)(A), the substitute differs from the original by providing that the physician performing the abortion must conclude, on the basis of good faith clinical judgment, that a condition exists that complicates the pregnant minor's medical condition and necessitates the immediate abortion of her pregnancy to avert the minor's death or to avoid a serious risk of substantial and irreversible impairment of a major bodily function, rather than must conclude that a medical emergency exists and there is insufficient time to provide the required notice. Because of this change in proposed Section 33.002(a)(4)(A), the substitute makes a conforming change in proposed Section 33.002(a)(4)(B). In proposed Section 33.002(b), the substitute differs from the original by specifying that the certified mail used by a physician to give constructive notice must be in the form of restricted delivery. The substitute also makes nonsubstantive changes. The substitute differs from the original by redesignating proposed Section 33.002(c) of the original to Section 33.002(e). The substitute adds a new Section 33.002(c), authorizing the waiver of the requirement that 48 hours actual notice be provided, by an affidavit of a parent of the minor or a court-appointed managing conservator or guardian. The substitute differs from the original by redesignating proposed Section 33.002(d) of the original to Section 33.002(g). The substitute adds new Section 33.002(d), authorizing 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, the required notice or constructive notice has been provided. The substitute also provides that execution of this affidavit creates a conclusive presumption that the requirements of proposed Section 33.002 have been satisfied. The substitute differs from the original by adding Section 33.002(f) to provide that a certification required by proposed Section 33.002(a)(4) is confidential and privileged and is not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process. In new Section 33.002(f), the substitute also prohibits personal or identifying information about the minor from being included in a certification. In addition, the substitute provides that the physician must keep the minor's medical records in compliance with the rules adopted by the Texas State Board of Medical Examiners (board) under Section 5.085, Article 4495b, V.T.C.S. (Medical Practice Act). In redesignated Section 33.002(g) (previously, Section 33.002(d) of the original), the substitute differs from the original by providing that a physician who intentionally performs an abortion on a pregnant unemancipated minor in violation of this section, rather than providing that a physician who violates this section, commits a Class A misdemeanor. The substitute defines "intentionally." In redesignated Section 33.002(h) (previously, Section 33.002(e) of the original), the substitute differs from the original by providing that it is a defense, rather than requiring the establishment of an affirmative defense, to prosecution under proposed Section 33.002 that, rather than if, the minor falsely represented her age or identity to the physician to be at least 18 years of age by displaying an apparently valid governmental record of identification such that a reasonable person under similar circumstances would have relied on the representation. The substitute also differs from the original by defining "defense." The substitute differs from the original by adding Section 33.002(i) to authorize the defendant in a trial in which the conduct charged involves a conclusion made by the physician under proposed Section 33.002(a)(4) to seek a hearing before the Texas State Board of Medical Examiners 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. The substitute also provides that the findings of the board are admissible on that issue in the trial of the defendant. In addition, the substitute requires the court, on motion of the defendant, to delay the beginning of the trial for not more than 30 days to permit the hearing before the board to occur. In proposed Section 33.003(b), the substitute differs from the original by authorizing the minor's application for a court order authorizing the performance of an abortion without notification of one of her parents, managing conservator, or her guardian to be filed in any county court at law, court having probate jurisdiction, or district court, including a family district court, in this state, rather than in the county court at law, a court having probate jurisdiction, or a district court for the minor's county of residence, a county that borders the minor's county of residence, or the county in which the hospital, clinic, or facility in which the abortion is to be performed is located. In proposed Section 33.003(c), the substitute differs from the original by removing the condition that the minor has not had her disabilities removed for general purposes. Consequently, the substitute provides that the minor include a statement that she has not had her disabilities removed without mention of their removal for general purposes. In proposed Section 33.003(d), the substitute differs from the original by requiring the clerk of the court, rather than the minor, to deliver a courtesy copy of the application to the judge who is to hear the application. Accordingly, the substitute removes the requirement that the clerk of the court, at the time the application is filed with the court, advise the minor of the place where the courtesy copy is to be delivered. The substitute differs from the original by redesignating proposed Section 33.003(f) of the original to Section 33.003(g). The substitute adds a new Section 33.003(f), enumerating the persons authorized to be appointed by the court to serve as guardian ad litem (guardian). Subsequently, the substitute redesignates proposed Sections 33.003(g)-(m) of the original to Sections 33.003(h)-(n). In redesignated Section 33.003(h) (previously, Section 33.003(g) of the original), the substitute differs from the original by requiring the court, on request by the minor, to grant an extension of the period specified by redesignated Section 33.003(h), rather than authorizing the minor to request an extension of the period. In addition, the substitute requires the court, if a request for an extension is made, to rule on an application and to issue written findings of fact and conclusions of law by 5 p.m. on the second business day after the minor states she is ready to proceed to hearing. In this same subsection, the substitute differs from the original by providing that an application is considered to be granted and the physician may perform the abortion as if the court had issued an order authorizing the minor to consent to the performance of the abortion without notification under Section 33.002, if the court fails to rule on the application within the allotted time, rather than if the court fails to rule on the application within the allotted time and an extension was not requested. In redesignated Section 33.003(i) (previously, Section 33.003(h) of the original), the substitute differs from the original by including whether notification may lead to physical, sexual, or emotional abuse of the minor among the factors a court is required to determine. In this same section, the substitute differs from the original by making a conforming change. In redesignated Section 33.003(j) (previously, Section 33.003(i) of the original), the substitute differs from the original by making a conforming change. In redesignated Section 33.003(k) (previously, Section 33.003(j) of the original), the substitute differs from the original by including the conditions that the application and all other documents pertaining to the proceedings are privileged and are not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process, in addition to the material being confidential. The substitute also differs from the original bill by removing the provision that explicitly prohibited the distribution of this material to the public. In redesignated Section 33.003(l) (previously, Section 33.003(k) of the original), the substitute differs from the original by including the conditions that an order of the court issued under proposed Section 33.003 is privileged and is not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process, in addition to the order being confidential. The substitute also differs from the original bill by including a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor among the persons to whom the court's order can be released. In proposed Section 33.004(b), the substitute differs from the original by requiring the court, on request by the minor, to grant an extension of the period specified by proposed Section 33.004(b), rather than authorizing the minor to request an extension of the period. In addition, the substitute requires the court, if a request for an extension is made, to rule on the appeal by 5 p.m. on the second business day after the minor states she is ready to proceed. In this same subsection, the substitute differs from the original by providing that the appeal is considered to be granted and the physician may perform the abortion as if the court had issued an order authorizing the minor to consent to the performance of the abortion without notification under Section 33.002, if the court fails to rule on the appeal within the allotted time, rather than if the court fails to rule on the appeal within the allotted time and an extension was not requested. In proposed Section 33.004(c), the substitute differs from the original by including the conditions that a ruling of the court of appeals issued under proposed Section 33.004 is privileged and is not subject to disclosure under Chapter 552, Government Code, or to discovery, subpoena, or other legal process, in addition to the order being confidential. The substitute also differs from the original bill by including a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor among the persons to whom the court's ruling can be released. The substitute differs from the original by redesignating proposed Section 33.005 of the original to Section 33.006. Subsequently, the substitute redesignates proposed Sections 33.006 and 33.007 of the original to Sections 33.007 and 33.009. The substitute adds a new Section 33.005. In new Section 33.005(a), the substitute authorizes a physician to execute, for inclusion in the minor's medical record, an affidavit stating that, after reasonable inquiry, it is the physician's belief that the minor has made an application or filed a notice of appeal, that the deadline for court action has passed, and that the physician has been notified that the court has not denied the application or appeal. In new Section 33.005(b), the substitute authorizes a physician who in good faith has executed this affidavit to conclusively rely on it and to perform the abortion. In redesignated Section 33.006 (previously, Section 33.005 of the original), the substitute differs from the original by changing the title of the section from "Ad Litem Immunity" to "Guardian Ad Litem Immunity." The substitute also differs from the original by providing that a guardian, rather than a guardian or attorney ad litem (attorney), appointed under proposed Chapter 33 and acting in the course and scope of the appointment is not liable for damages arising from an act or omission of the guardian, rather than of the guardian or attorney, committed in good faith. The substitute also adds the provision that the immunity granted by redesignated Section 33.006 does not apply if the conduct of the guardian is committed in a manner described by Sections 107.003(b)(1)-(4) (relating to recklessly or negligently offered advice). In redesignated Section 33.007 (previously, Section 33.006 of the original), the substitute differs from the original by making a conforming change. The substitute differs from the original by adding Section 33.008. In Section 33.008(a), the substitute requires a physician who has reason to believe that a minor has been or may be physically or sexually abused by a person responsible for the minor's care, custody, or welfare, as that term is defined by Section 261.001 (Definitions), to immediately report the suspected abuse to the Department of Protective and Regulatory Services (DPRS) and to refer the minor to the department for services or intervention that may be in the minor's best interest. In Section 33.008(b), the substitute requires DPRS to investigate suspected abuse reported under proposed Section 33.008 and, if appropriate, to assist the minor in making an application with a court. In redesignated Section 33.009 (previously, Section 33.007 of the original), the substitute differs from the original by changing the title of the section from "Reporting of Sexual Abuse of a Minor" to "Other Reports of Sexual Abuse of a Minor" The substitute also differs from the original by requiring a court or the guardian or attorney for the minor to report conduct reasonably believed to violate Section 22.011, 22.021, or 25.02, Penal Code, rather than sexual abuse of the minor, based on information obtained during a confidential court proceeding held under this chapter. The substitute makes conforming changes. The substitute differs from the original by adding Section 33.010. In Section 33.010, the substitute provides that information obtained by DPRS or another entity under proposed 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, notwithstanding any other law. C.S.S.B. 30 differs from the original bill in SECTION 2 of the original by making a nonsubstantive change. C.S.S.B. 30 differs from the original bill by removing SECTION 5 of the original, which established the effective date for Section 33.002(d), Family Code, as January 1, 2000. Because of this removal, the substitute makes a conforming change in SECTION 3 (effective date) of the original by removing the phrase "except as provided by Section 5 of this Act." In addition, the removal of SECTION 5 of the original led to the redesignation of SECTIONS 6-8 of the original to SECTIONS 5-7. In redesignated SECTION 6, the substitute makes a nonsubstantive change.