By Delisi                                              H.B. No. 623
         76R3679 DLF-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to parental notification before an abortion may be
 1-3     performed on certain minors; providing a criminal penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle A, Title 2, Family Code, is amended by
 1-6     adding Chapter 33 to read as follows:
 1-7                       CHAPTER 33.  NOTICE OF ABORTION
 1-8           Sec. 33.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Abortion" means the use of any means to terminate
1-10     the pregnancy of a female known by the attending physician to be
1-11     pregnant, with the intention that the termination of the pregnancy
1-12     by those means will with reasonable likelihood cause the death of
1-13     the fetus.
1-14                 (2)  "Fetus" means an individual human organism from
1-15     fertilization until birth.
1-16                 (3)  "Guardian" means a court-appointed guardian of the
1-17     person of the minor.
1-18                 (4)  "Medical emergency" means a condition that, on the
1-19     basis of a physician's good faith clinical judgment, complicates
1-20     the medical condition of a pregnant woman and necessitates the
1-21     immediate abortion of her pregnancy to avert her death or to avoid
1-22     a serious risk of substantial and irreversible impairment of a
1-23     major bodily function.
1-24                 (5)  "Physician" means an individual licensed to
 2-1     practice medicine in this state.
 2-2           Sec. 33.002.  PARENTAL NOTICE.  (a)  A physician may not
 2-3     perform an abortion on a pregnant unemancipated minor unless:
 2-4                 (1)  the physician performing the abortion gives at
 2-5     least 48 hours actual notice, in person or by telephone, of the
 2-6     physician's intent to perform the abortion to:
 2-7                       (A)  a parent of the minor if the minor has no
 2-8     managing conservator or guardian; or
 2-9                       (B)  a court-appointed managing conservator or
2-10     guardian;
2-11                 (2)  the judge of a court having probate jurisdiction,
2-12     the judge of a county court at law, or the judge of the court of
2-13     appeals issues an order authorizing the minor to consent to the
2-14     abortion as provided by Section 33.003 or 33.004;
2-15                 (3)  a probate court, county court at law, or court of
2-16     appeals, by its inaction, constructively authorizes the minor to
2-17     consent to the abortion as provided by Section 33.003 or 33.004; or
2-18                 (4)  the physician performing the abortion:
2-19                       (A)  concludes that a medical emergency exists
2-20     and there is insufficient time to provide the required notice; and
2-21                       (B)  certifies in writing to the Texas
2-22     Department of Health and in the patient's medical record the
2-23     medical indications supporting the physician's judgment that a
2-24     medical emergency exists and that there is insufficient time to
2-25     provide the required notice.
2-26           (b)  If a person to whom notice may be given under Subsection
2-27     (a)(1) cannot be notified after a reasonable effort, a physician
 3-1     may perform an abortion if the physician gives 48 hours
 3-2     constructive notice, by certified mail sent to the last known
 3-3     address, to the person to whom notice may be given under Subsection
 3-4     (a)(1).  The period under this subsection begins when the certified
 3-5     mail notice is mailed.  If the person required to be notified is
 3-6     not notified within the 48-hour period, the abortion may proceed
 3-7     even if the certified mail notice is not received.
 3-8           (c)  The Texas  Department of Health shall prepare a form to
 3-9     be used for making the certification required by Subsection (a)(4).
3-10           (d)  A physician who violates this section commits an
3-11     offense.  An offense under this section is a Class A misdemeanor.
3-12           Sec. 33.003.  JUDICIAL APPROVAL.  (a)  A pregnant minor who
3-13     wishes to have an abortion without notification to one of her
3-14     parents, her managing conservator, or her guardian may file an
3-15     application for a court order authorizing the minor to consent to
3-16     the performance of an abortion without notification to either of
3-17     her parents or a managing conservator or guardian.
3-18           (b)  The application may be filed in the county court at law
3-19     or a court having probate jurisdiction for:
3-20                 (1)  the county in which the minor resides;
3-21                 (2)  a county that borders a county in which the minor
3-22     resides; or
3-23                 (3)  the county in which the hospital, clinic, or
3-24     facility in which the abortion would be performed is located.
3-25           (c)  The application must be made under oath and include:
3-26                 (1)  a statement that the minor is pregnant;
3-27                 (2)  a statement that the minor is unmarried, is under
 4-1     18 years of age, and has not had her disabilities removed for
 4-2     general purposes under Chapter 31;
 4-3                 (3)  a statement that the minor wishes to have an
 4-4     abortion without the notification of either of her parents or a
 4-5     managing conservator or guardian; and
 4-6                 (4)  a statement as to whether the minor has retained
 4-7     an attorney and, if she has retained an attorney, the name,
 4-8     address, and telephone number of her attorney.
 4-9           (d)  The court shall appoint a guardian ad litem for the
4-10     minor.  If the minor has not retained an attorney, the court shall
4-11     appoint an attorney to represent the minor.  If the guardian ad
4-12     litem is an attorney admitted to the practice of law in this state,
4-13     the court may appoint the guardian ad litem to serve as the minor's
4-14     attorney.
4-15           (e)  The court shall fix a time for a hearing on an
4-16     application filed under Subsection (a) and shall keep a record of
4-17     all testimony and other oral proceedings in the action.  The court
4-18     shall enter judgment on the application immediately after the
4-19     hearing is concluded.
4-20           (f)  The court shall rule on an application submitted under
4-21     this section and shall issue written findings of fact and
4-22     conclusions of law, not later than 5 p.m. on the second business
4-23     day after the date the application is filed with the court.  The
4-24     minor may request an extension of the period specified by this
4-25     section.  If the court fails to rule on the application and issue
4-26     written findings of fact and conclusions of law within the period
4-27     specified by this subsection and an extension was not requested,
 5-1     the application is deemed to be granted and the physician may
 5-2     perform the abortion as if the court had issued an order
 5-3     authorizing the minor to consent to the performance of the abortion
 5-4     without notification under Section 33.002.  Proceedings under this
 5-5     section shall be given precedence over other pending matters to the
 5-6     extent necessary to assure that the court reaches a decision
 5-7     promptly.
 5-8           (g)  The court shall determine by a preponderance of the
 5-9     evidence whether the minor is mature and sufficiently well informed
5-10     to make the decision to have an abortion performed without
5-11     notification to either of her parents or a managing conservator or
5-12     guardian or whether notification would not be in the best interest
5-13     of the minor.  If the court finds that the minor is mature and
5-14     sufficiently well informed or that notification would not be in the
5-15     minor's best interest, the court shall enter an order authorizing
5-16     the minor to consent to the performance of the abortion without
5-17     notification to either of her parents or a managing conservator or
5-18     guardian and shall execute the required forms.
5-19           (h)  If the court finds that the minor does not meet the
5-20     requirements of Subsection (g), the court may not authorize the
5-21     minor to consent to an abortion without the notification authorized
5-22     under Section 33.002(a)(1).
5-23           (i)  The court may not notify a parent, managing conservator,
5-24     or guardian that the minor is pregnant or that the minor wants to
5-25     have an abortion.  The court proceedings shall be conducted in a
5-26     manner that protects the anonymity of the minor, and the
5-27     application and all other court documents pertaining to the
 6-1     proceedings are confidential and may not be made available to the
 6-2     public.  The minor may file the application using a pseudonym or
 6-3     using only her initials.
 6-4           (j)  The clerk of the supreme court shall prescribe the
 6-5     application form to be used by the minor filing an application
 6-6     under this section.
 6-7           (k)  A filing fee is not required of and court costs may not
 6-8     be assessed against a minor filing an application under this
 6-9     section.
6-10           Sec. 33.004.  APPEAL.  (a)  A minor whose application under
6-11     Section 33.003 is denied may appeal to the court of appeals having
6-12     jurisdiction over civil matters in the county in which the
6-13     application was filed.  On receipt of a notice of appeal, the clerk
6-14     of the court that denied the application shall deliver a copy of
6-15     the notice of appeal and record on appeal to the clerk of the court
6-16     of appeals.  On receipt of the notice and record, the clerk of the
6-17     court of appeals shall place the appeal on the docket of the court.
6-18           (b)  The court of appeals shall rule on an appeal under this
6-19     section not later than 5 p.m. on the second business day after the
6-20     date the notice of appeal is filed with the court that denied the
6-21     application.  The minor may request an extension of the period
6-22     specified by this subsection.  If the court of appeals fails to
6-23     rule on the appeal within the period specified by this subsection
6-24     and an extension was not requested, the appeal is deemed to be
6-25     granted and the physician may perform the abortion as if the court
6-26     had issued an order authorizing the minor to consent to the
6-27     performance of the abortion without notification under Section
 7-1     33.002.  Proceedings under this section shall be given precedence
 7-2     over other pending matters to the extent necessary to assure that
 7-3     the court reaches a decision promptly.
 7-4           (c)  The clerk of the supreme court shall prescribe the
 7-5     notice of appeal form to be used by the minor appealing a judgment
 7-6     under this section.
 7-7           (d)  A filing fee is not required of and court costs may not
 7-8     be assessed against a minor filing an appeal under this section.
 7-9           (e)  An expedited confidential appeal shall be available to
7-10     any pregnant minor to whom a court of appeals denies an order
7-11     authorizing the minor to consent to the performance of an abortion
7-12     without notification to either of her parents or a managing
7-13     conservator or guardian.
7-14           Sec. 33.005.  AD LITEM IMMUNITY.  A guardian ad litem or
7-15     attorney ad litem appointed under this chapter has the same
7-16     judicial immunity as the appointing judge with respect to an act or
7-17     omission in the course and scope of the appointment.
7-18           Sec. 33.006.  COSTS PAID BY STATE.  (a)  A court acting under
7-19     Section 33.003 or 33.004 may issue an order requiring the state to
7-20     pay:
7-21                 (1)  the cost of any attorney ad litem and any guardian
7-22     ad litem appointed for the minor;
7-23                 (2)  notwithstanding Sections 33.003(k) and 33.004(d),
7-24     the costs of court associated with the application or appeal; and
7-25                 (3)  any court reporter's fees incurred.
7-26           (b)  An order issued under Subsection (a) must be directed to
7-27     the comptroller, who shall pay the amount ordered from funds
 8-1     appropriated to the Texas Department of Health, D.1.2. Strategy:
 8-2     Family Planning.
 8-3           Sec. 33.007.  REPORTING OF SEXUAL ABUSE OF A MINOR.  A court
 8-4     or the guardian ad litem or attorney ad litem for the minor may
 8-5     report sexual abuse of the minor based on information obtained
 8-6     during a confidential court proceeding held under this chapter to:
 8-7                 (1)  any local or state law enforcement agency;
 8-8                 (2)  the Department of Protective and Regulatory
 8-9     Services if the alleged or suspected abuse involves a person
8-10     responsible for the care, custody, or welfare of the child;
8-11                 (3)  the state agency that operates, licenses,
8-12     certifies, or registers the facility in which the alleged abuse
8-13     occurred, if the alleged abuse occurred in a facility operated,
8-14     licensed, certified, or registered by a state agency; or
8-15                 (4)  an appropriate agency designated by the court.
8-16           SECTION 2.  The Supreme Court of Texas shall issue promptly
8-17     such rules as may be necessary in order that the process
8-18     established by Sections 33.003 and 33.004, Family Code, as added by
8-19     this Act, be conducted in a manner that will ensure confidentiality
8-20     and sufficient precedence over all other pending matters to ensure
8-21     promptness of disposition.
8-22           SECTION 3.  Except as provided by Section 5 of this Act, this
8-23     Act takes effect September 1, 1999.
8-24           SECTION 4.  Chapter 33, Family Code, as added by this Act,
8-25     applies only to an abortion performed on or after January 1, 2000.
8-26     An abortion performed before January 1, 2000, is governed by the
8-27     law as it existed immediately before the effective date of this
 9-1     Act, and that law is continued in effect for that purpose.
 9-2           SECTION 5.  Section 33.002(d), Family Code, as added by this
 9-3     Act, takes effect January 1, 2000.
 9-4           SECTION 6.  The Texas Board of Health shall adopt the form to
 9-5     be used under Section 33.002(a)(4), Family Code, as added by this
 9-6     Act, not later than December 15, 1999.
 9-7           SECTION 7.  The clerk of the Supreme Court of Texas shall
 9-8     adopt the application form and notice of appeal form to be used
 9-9     under Sections 33.003 and 33.004, Family Code, as added by this
9-10     Act, not later than December 15, 1999.
9-11           SECTION 8.  The importance of this legislation and the
9-12     crowded condition of the calendars in both houses create an
9-13     emergency and an imperative public necessity that the
9-14     constitutional rule requiring bills to be read on three several
9-15     days in each house be suspended, and this rule is hereby suspended.