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


Senate Research CenterC.S.S.B. 30
76R8993 DLF-DBy: Shapiro
Human Services
3/10/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not require parents to receive notification that
their minor child is seeking an abortion.  C.S.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, C.S.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," "medical
emergency," and "physician." 

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 if the person to whom notice may be
given cannot be notified. Provides that the 48-hour 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. 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 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.  Requires the application to be
made under oath and include certain information. Requires the pregnant
minor to deliver a courtesy copy of the application made under this section
to the judge who is to hear the application. Requires the clerk of the
court, at the time the application is filed with the court, to advise the
minor of the place where the courtesy copy is to be delivered under this
subsection. 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 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 (h).  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, and confidential court documents
may not be made available to the public. Authorizes the minor to file the
application using a pseudonym or her initials. Provides that an order of
the court issued under this section is confidential and may not be released
to any person but the pregnant minor, the guardian ad litem, the attorney,
or another person designated to receive the order by the minor. Authorizes
the supreme court to adopt rules to permit confidential docketing of an
application under this section. 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 and court cost from
being assessed against the minor. 

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.  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 may not be released to anyone
other than the minor, the guardian ad litem, attorney or other person
designated by 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. AD LITEM IMMUNITY. Provides that a guardian ad litem or
attorney 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 or attorney ad litem committed in good
faith. 
 
Sec. 33.006. 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, D.1.2. Strategy: Family Planning.  

Sec. 33.007 REPORTING OF SEXUAL ABUSE OF A MINOR. Requires a court or the
guardian ad litem or attorney ad litem for the minor to report sexual abuse
of the minor based on information obtained during a confidential court
proceeding held under this chapter to certain agencies. 

SECTION 2. Requires the supreme court to issue rules promptly.

SECTION 3. Effective date: September 1, 1999, except as provided by
SECTIONS 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: January 1,
2000. 

SECTION 6. 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 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 33.002, Title 2A, Family Code, to prohibit a physician from
performing an abortion on a pregnant minor unless the physician has consent
from a county court at law, the judge of a district court or the judge of
the court of appeals. 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. Makes a nonsubstantive
change.  

Amends Section 33.003, Title 2A, Family Code, to authorize 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 minor to consent to the performance of an abortion
without notification to either of her parents or managing conservator or
guardian. Authorizes the application to be filed in the county court at
law, a court having probate jurisdiction, or a district court. Requires the
pregnant minor to deliver a courtesy copy of the application made under
this section to the judge who is to hear the application. Requires the
clerk of the court, at the time the application is filed with the court, to
advise the minor of the place where the courtesy copy is to be delivered
under this subsection. Requires the court to enter judgment on the
application immediately after the hearing is concluded.  Provides that an
order of the court issued under this section is confidential and may not be
released to any person but the pregnant minor, the guardian ad litem, the
attorney, or another person designated to receive the order by the minor.
Authorizes the supreme court to adopt rules to permit confidential
docketing of an application under this section. Make conforming and
nonsubsantive changes. Deletes text regarding an unemancipated minor. 

Amends Section 33.004, Title 2A, Family Code, to provide that an order of
the court issued under this section is confidential and may not be released
to any person but the pregnant minor, the guardian ad litem, the attorney,
or another person designated to receive the order by the minor. Authorizes
the supreme court to adopt rules to permit confidential docketing of an
application under this section. Makes conforming and nonsubstantive
changes. 

Adds Section 33.005, Title 2A, Family Code, to provide that a guardian ad
litem or attorney 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 or attorney ad litem committed
in good faith. 
 
Adds Section 33.006, Title 2A, Family Code, to authorize 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, D.1.2. Strategy: Family
Planning.  

Adds Section 33.007, Title 2A, Family Code, to require a court or the
guardian ad litem or attorney ad litem for the minor to report sexual abuse
of the minor based on information obtained during a confidential court
proceeding held under this chapter to certain agencies. 

SECTION 2. 

 Makes nonsubstantive changes.