By King of Parker H.B. No. 1638
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to parental consent before an abortion may be performed on
1-3 a minor.
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
2-1 a serious risk of substantial and irreversible impairment of a
2-2 major bodily function.
2-3 (5) "Physician" means an individual licensed to
2-4 practice medicine in this state.
2-5 (6) "Minor" means a person under the age of 18 years
2-6 of age.
2-7 Sec. 33.002. PARENTAL CONSENT. (a) A physician may not
2-8 perform an abortion on a pregnant minor unless:
2-9 (1) a parent, managing conservator, or guardian of the
2-10 minor consents in writing to the abortion; or
2-11 (2) the judge of a court having probate jurisdiction,
2-12 the judge of a county court at law, the judge of a district court,
2-13 or the court of appeals issues an order authorizing the minor to
2-14 consent to the abortion as provided by Section 33.003, 33.004; or
2-15 (3) the physician performing the abortion:
2-16 (A) concludes that a medical emergency exists
2-17 and there is insufficient time to obtain the consent required by
2-18 Subsection (a)(1); and
2-19 (B) certifies in writing to the Texas
2-20 Department of Health and in the patient's medical record the
2-21 medical indications supporting the physician's judgment that a
2-22 medical emergency exists and that there is insufficient time to
2-23 obtain the required consent.
2-24 (b) The Texas Department of Health shall prepare a form to
2-25 be used for making the certification required by Subsection (a)(3).
3-1 (c) The Texas State Board of Medical Examiners shall take
3-2 appropriate disciplinary action against a physician who performs an
3-3 abortion in violation of this section. Complaints and
3-4 investigations shall be conducted pursuant to the Texas Medical
3-5 Practice Act, Tex. Rev. Civ. Stat. Ann. Art. 4495b, Sec. 4.02.
3-6 Sec. 33.003. JUDICIAL APPROVAL. (a) A pregnant minor who
3-7 wishes to have an abortion without the consent of either of her
3-8 parents, her managing conservator, or her guardian may file an
3-9 application requesting a court authorize the minor to consent to
3-10 the performance of an abortion without the consent of either of her
3-11 parents or a managing conservator or guardian.
3-12 (b) The application may be filed in the district court,
3-13 county court at law, or a court having probate jurisdiction for:
3-14 (1) the county in which the minor resides;
3-15 (2) a county that borders a county in which the minor
3-16 resides; or
3-17 (3) the county in which the hospital, clinic, or
3-18 facility in which the abortion would be performed is located.
3-19 (c) The application must be made under oath and include:
3-20 (1) a statement that the minor is pregnant;
3-21 (2) a statement that the minor is unmarried, is under
3-22 18 years of age, and has not had her disabilities removed for
3-23 general purposes under Tex. Fam. C. Chapter 31;
3-24 (3) a statement that the minor wishes to have an
3-25 abortion without the consent of either of her parents or a managing
4-1 conservator or guardian; and
4-2 (4) a statement as to whether the minor has retained
4-3 an attorney and, if she has retained an attorney, the name,
4-4 address, and telephone number of her attorney.
4-5 (d) The court shall appoint a guardian ad litem for the
4-6 minor. If the minor has not retained an attorney, the court shall
4-7 appoint an attorney to represent the minor. If the guardian ad
4-8 litem is an attorney admitted to the practice of law in this state,
4-9 the court may appoint the guardian ad litem to serve as the minor's
4-10 attorney.
4-11 (e) The court shall fix a time for a hearing on an
4-12 application filed under Subsection (a) and shall keep a record of
4-13 all testimony and other oral proceedings in the action. The court
4-14 shall enter judgment on the application immediately after the
4-15 hearing is concluded.
4-16 (f) The court shall rule on an application submitted under
4-17 this section and shall issue written findings of fact and
4-18 conclusions of law not later than 5 p.m. on the second business day
4-19 after the date the application is filed with the court. The minor
4-20 may request an extension of that period. The court shall give
4-21 proceedings under this section precedence over other pending
4-22 matters to the extent necessary to ensure that the court reaches a
4-23 decision promptly.
4-24 (g) The court shall determine by a preponderance of the
4-25 evidence whether the minor is mature and sufficiently well-informed
5-1 to make the decision to have an abortion performed without the
5-2 consent of either of her parents, managing conservator, or
5-3 guardian, and whether requiring that consent would not be in the
5-4 best interest of the minor. If the court finds that the minor is
5-5 mature and sufficiently well-informed or that requiring consent
5-6 would not be in the minor's best interest, the court shall enter an
5-7 order authorizing the minor to consent to the performance of the
5-8 abortion without the consent of either of her parents, managing
5-9 conservator, or guardian.
5-10 (h) If the court finds that the minor does not meet the
5-11 requirements of Subsection (g), the court shall not authorize the
5-12 minor to consent to an abortion without the consent required by
5-13 Section 33.002(a)(1).
5-14 (i) The court may not notify a parent, managing conservator,
5-15 or guardian that the minor is pregnant or that the minor wants to
5-16 have an abortion. The court proceedings shall be conducted in a
5-17 manner that protects the anonymity of the minor, and the
5-18 application and all other court documents pertaining to the
5-19 proceedings are confidential and may not be made available to the
5-20 public. The minor may file the application using a pseudonym or
5-21 using only her initials.
5-22 (j) The clerk of the supreme court shall prescribe the
5-23 application form to be used by the minor filing an application
5-24 under this section.
5-25 (k) A filing fee is not required of, and court costs may not
6-1 be assessed against, a minor filing an application under this
6-2 section.
6-3 Sec. 33.004. APPEAL TO APPELLATE COURT. (a) A minor whose
6-4 application under Section 33.003 is denied may appeal to the court
6-5 of appeals having jurisdiction over the cause. On receipt of a
6-6 notice of appeal, the clerk of the district court that denied the
6-7 application shall deliver a copy of the notice of appeal and record
6-8 on appeal to the clerk of the court of appeals. On receipt of the
6-9 notice and record, the clerk of the appellate court shall place the
6-10 appeal on the docket of the court.
6-11 (b) The court of appeals shall rule on an appeal under this
6-12 section not later than 5 p.m. on the second business day after the
6-13 date the notice of appeal is filed. The minor may request an
6-14 extension of that period. The court of appeals shall give
6-15 proceedings under this section precedence over other pending
6-16 matters to the extent necessary to ensure that the court reaches a
6-17 decision promptly.
6-18 (c) The clerk of the supreme court shall prescribe the
6-19 notice of appeal form to be used by the minor appealing a judgment
6-20 under this section.
6-21 (d) A minor filing an appeal under this section may not be
6-22 required to post an appeal bond.
6-23 SECTION 2. This Act takes effect September 1, 1999.
6-24 SECTION 3. Chapter 33, Family Code, as added by this Act,
6-25 applies only to an abortion performed on or after September 1,
7-1 1999. An abortion performed before September 1, 1999, is governed
7-2 by the law as it existed immediately before the effective date of
7-3 this Act, and that law is continued in effect for that purpose.
7-4 SECTION 4. The Texas Board of Health shall adopt the form to
7-5 be used under Section 33.002(a)(3), Family Code, as added by this
7-6 Act, not later than August 1, 1999.
7-7 SECTION 5. The Texas Supreme Court shall promptly issue
7-8 rules necessary to ensure that the process established by Sections
7-9 33.003 and 33.004, Family Code, as added by this Act, will be
7-10 conducted in a manner that will ensure confidentiality and
7-11 sufficient precedence over all other pending matters to ensure
7-12 promptness of disposition.
7-13 SECTION 6. The clerk of the Texas Supreme Court shall adopt
7-14 the application form and notice of appeal form to be used under
7-15 Sections 33.003 and 33.004, Family Code, as added by this Act, not
7-16 later than August 1, 1999.
7-17 SECTION 7. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended.