SRC-ARR S.B. 30 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 30
76R1958 DLF-FBy: Shapiro
Human Services
2/12/1999
As Filed


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 proposed, 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 2 (Sections
33.003 and 33.004, Family Code) 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. 33.002. PARENTAL NOTICE. Prohibits a physician from performing an
abortion on a pregnant minor unless the physician gives notice to a parent,
guardian, or managing conservator; has consent from a court; or concluded
that a medical emergency exists.  Sets forth conditions under which a
physician may perform an abortion. Requires  the Texas Department of Health
(TDH) to prepare a form to be used for making the required certification.
Provides that a physician commits a Class A misdemeanor for violation of
this section.   

Sec. 33.003. JUDICIAL APPROVAL.  Authorizes a pregnant unemancipated 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.  Requires the application to be
made under oath and include certain information. 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.  Requires the court to set a time for a
hearing on the application and keep records of all testimony. 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  or whether notification is not in the best
interest to have an abortion performed without notification of parent or
guardian.  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
(g).  Prohibits the court from notifying a parent or guardian that  the
minor is pregnant or wants to have an abortion.  Authorizes the minor to
file the application using a pseudonym or her initials. Requires the
supreme court proceedings  and all other documents to be kept confidential.
Requires the clerk of the court   to prescribe the application form to be
used by the minor filing an application under this section. Prohibits
filing  fees or court cost from being assessed.  

Sec. 33.004. APPEAL. Authorizes  that 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 th 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.  Provides that if the
court fails to rule on the appeal then 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.  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. 

SECTION 2. Requires the supreme court to issue rules.

SECTION 3. Effective date: September 1, 1999, except as provided by
SECTIONS 4 and 5 of this Act. 

SECTION. 4. Makes application of this Act prospective, to January 1, 2000.

SECTION 5. Effective date for Section 33.002(d), Family Code: take effect
January 1, 2000. 

SECTION 6. Requires the Texas Board of Health to adopt the form to be used
under Section 33.002(a), Family Code, no later than December 15, 1999. 

SECTION 7. 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 8. Emergency clause.