By:  Shapiro, et al.                                    S.B. No. 30
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to parental notification before an abortion may be
 1-2     performed on certain minors; providing a criminal penalty.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subtitle A, Title 2, Family Code, is amended by
 1-5     adding Chapter 33 to read as follows:
 1-6                       CHAPTER 33.  NOTICE OF ABORTION
 1-7           Sec. 33.001.  DEFINITIONS.  In this chapter:
 1-8                 (1)  "Abortion" means the use of any means to terminate
 1-9     the pregnancy of a female known by the attending physician to be
1-10     pregnant, with the intention that the termination of the pregnancy
1-11     by those means will with reasonable likelihood cause the death of
1-12     the fetus.
1-13                 (2)  "Fetus" means an individual human organism from
1-14     fertilization until birth.
1-15                 (3)  "Guardian" means a court-appointed guardian of the
1-16     person of the minor.
1-17                 (4)  "Medical emergency" means a condition that, on the
1-18     basis of a physician's good faith clinical judgment, complicates
1-19     the medical condition of a pregnant woman and necessitates the
1-20     immediate abortion of her pregnancy to avert her death or to avoid
1-21     a serious risk of substantial and irreversible impairment of a
1-22     major bodily function.
1-23                 (5)  "Physician" means an individual licensed to
1-24     practice medicine in this state.
 2-1           Sec. 33.002.  PARENTAL NOTICE.  (a)  A physician may not
 2-2     perform an abortion on a pregnant unemancipated minor unless:
 2-3                 (1)  the physician performing the abortion gives at
 2-4     least 48 hours actual notice, in person or by telephone, of the
 2-5     physician's intent to perform the abortion to:
 2-6                       (A)  a parent of the minor, if the minor has no
 2-7     managing conservator or guardian; or
 2-8                       (B)  a court-appointed managing conservator or
 2-9     guardian;
2-10                 (2)  the judge of a court having probate jurisdiction,
2-11     the judge of a county court at law, the judge of a district court,
2-12     or the judge of the court of appeals issues an order authorizing
2-13     the minor to consent to the abortion as provided by Section 33.003
2-14     or 33.004;
2-15                 (3)  a probate court, county court at law, district
2-16     court, or court of appeals, by its inaction, constructively
2-17     authorizes the minor to consent to the abortion as provided by
2-18     Section 33.003 or 33.004; or
2-19                 (4)  the physician performing the abortion:
2-20                       (A)  concludes that a medical emergency exists
2-21     and there is insufficient time to provide the required notice; and
2-22                       (B)  certifies in writing to the Texas
2-23     Department of Health and in the patient's medical record the
2-24     medical indications supporting the physician's judgment that a
2-25     medical emergency exists and that there is insufficient time to
2-26     provide the required notice.
 3-1           (b)  If a person to whom notice may be given under Subsection
 3-2     (a)(1) cannot be notified after a reasonable effort, a physician
 3-3     may perform an abortion if the physician gives 48 hours
 3-4     constructive notice, by certified mail sent to the last known
 3-5     address, to the person to whom notice may be given under Subsection
 3-6     (a)(1).  The period under this subsection begins when the certified
 3-7     mail notice is mailed.  If the person required to be notified is
 3-8     not notified within the 48-hour period, the abortion may proceed
 3-9     even if the certified mail notice is not received.
3-10           (c)  The Texas  Department of Health shall prepare a form to
3-11     be used for making the certification required by Subsection (a)(4).
3-12           (d)  A physician who violates this section commits an
3-13     offense.  An offense under this section is a Class A misdemeanor.
3-14           (e)  It shall be an affirmative defense to prosecution under
3-15     this section if the minor falsely represented her age or identity
3-16     to the physician to be at least 18 years of age by displaying an
3-17     apparently valid governmental record of identification such that a
3-18     reasonable person under similar circumstances would have relied on
3-19     the representation.  The affirmative defense does not apply if the
3-20     physician is shown to have had independent knowledge of the minor's
3-21     actual age or identity or failed to use due diligence in
3-22     determining the minor's age or identity.
3-23           Sec. 33.003.  JUDICIAL APPROVAL.  (a)  A pregnant minor who
3-24     wishes to have an abortion without notification to one of her
3-25     parents, her managing conservator, or her guardian may file an
3-26     application for a court order authorizing the minor to consent to
 4-1     the performance of an abortion without notification to either of
 4-2     her parents or a managing conservator or guardian.
 4-3           (b)  The application may be filed in the county court at law,
 4-4     a court having probate jurisdiction, or a district court for:
 4-5                 (1)  the county in which the minor resides;
 4-6                 (2)  a county that borders the county in which the
 4-7     minor resides; or
 4-8                 (3)  the county in which the hospital, clinic, or
 4-9     facility in which the abortion would be performed is located.
4-10           (c)  The application must be made under oath and include:
4-11                 (1)  a statement that the minor is pregnant;
4-12                 (2)  a statement that the minor is unmarried, is under
4-13     18 years of age, and has not had her disabilities removed for
4-14     general purposes under Chapter 31;
4-15                 (3)  a statement that the minor wishes to have an
4-16     abortion without the notification of either of her parents or a
4-17     managing conservator or guardian; and
4-18                 (4)  a statement as to whether the minor has retained
4-19     an attorney and, if she has retained an attorney, the name,
4-20     address, and telephone number of her attorney.
4-21           (d)  The pregnant minor shall deliver a courtesy copy of the
4-22     application made under this section to the judge who is to hear the
4-23     application.  At the time the application is filed with the court,
4-24     the clerk of the court shall advise the minor of the place where
4-25     the courtesy copy is to be delivered under this subsection.
4-26           (e)  The court shall appoint a guardian ad litem for the
 5-1     minor.  If the minor has not retained an attorney, the court shall
 5-2     appoint an attorney to represent the minor.  If the guardian ad
 5-3     litem is an attorney admitted to the practice of law in this state,
 5-4     the court may appoint the guardian ad litem to serve as the minor's
 5-5     attorney.
 5-6           (f)  The court shall fix a time for a hearing on an
 5-7     application filed under Subsection (a) and shall keep a record of
 5-8     all testimony and other oral proceedings in the action.  The court
 5-9     shall enter judgment on the application immediately after the
5-10     hearing is concluded.
5-11           (g)  The court shall rule on an application submitted under
5-12     this section and shall issue written findings of fact and
5-13     conclusions of law not later than 5 p.m. on the second business day
5-14     after the date the application is filed with the court.  The minor
5-15     may request an extension of the period specified by this
5-16     subsection.  If the court fails to rule on the application and
5-17     issue written findings of fact and conclusions of law within the
5-18     period specified by this subsection and an extension was not
5-19     requested, the application is deemed to be granted and the
5-20     physician may perform the abortion as if the court had issued an
5-21     order authorizing the minor to consent to the performance of the
5-22     abortion without notification under Section 33.002.  Proceedings
5-23     under this section shall be given precedence over other pending
5-24     matters to the extent necessary to assure that the court reaches a
5-25     decision promptly.
5-26           (h)  The court shall determine by a preponderance of the
 6-1     evidence whether the minor is mature and sufficiently well informed
 6-2     to make the decision to have an abortion performed without
 6-3     notification to either of her parents or a managing conservator or
 6-4     guardian or whether notification would not be in the best interest
 6-5     of the minor.  If the court finds that the minor is mature and
 6-6     sufficiently well informed or that notification would not be in the
 6-7     minor's best interest, the court shall enter an order authorizing
 6-8     the minor to consent to the performance of the abortion without
 6-9     notification to either of her parents or a managing conservator or
6-10     guardian and shall execute the required forms.
6-11           (i)  If the court finds that the minor does not meet the
6-12     requirements of Subsection (h), the court may not authorize the
6-13     minor to consent to an abortion without the notification authorized
6-14     under Section 33.002(a)(1).
6-15           (j)  The court may not notify a parent, managing conservator,
6-16     or guardian that the minor is pregnant or that the minor wants to
6-17     have an abortion.  The court proceedings shall be conducted in a
6-18     manner that protects the anonymity of the minor, and the
6-19     application and all other court documents pertaining to the
6-20     proceedings are confidential and may not be made available to the
6-21     public.  The minor may file the application using a pseudonym or
6-22     using only her initials.
6-23           (k)  An order of the court issued under this section is
6-24     confidential and may not be released to any person but the pregnant
6-25     minor, the pregnant minor's guardian ad litem, the pregnant minor's
6-26     attorney, or another person designated to receive the order by the
 7-1     minor.  The supreme court may adopt rules to permit confidential
 7-2     docketing of an application under this section.
 7-3           (l)  The clerk of the supreme court shall prescribe the
 7-4     application form to be used by the minor filing an application
 7-5     under this section.
 7-6           (m)  A filing fee is not required of and court costs may not
 7-7     be assessed against a minor filing an application under this
 7-8     section.
 7-9           Sec. 33.004.  APPEAL.  (a)  A minor whose application under
7-10     Section 33.003 is denied may appeal to the court of appeals having
7-11     jurisdiction over civil matters in the county in which the
7-12     application was filed.  On receipt of a notice of appeal, the clerk
7-13     of the court that denied the application shall deliver a copy of
7-14     the notice of appeal and record on appeal to the clerk of the court
7-15     of appeals.  On receipt of the notice and record, the clerk of the
7-16     court of appeals shall place the appeal on the docket of the court.
7-17           (b)  The court of appeals shall rule on an appeal under this
7-18     section not later than 5 p.m. on the second business day after the
7-19     date the notice of appeal is filed with the court that denied the
7-20     application.  The minor may request an extension of the period
7-21     specified by this subsection.  If the court of appeals fails to
7-22     rule on the appeal within the period specified by this subsection
7-23     and an extension was not requested, the appeal is deemed to be
7-24     granted and the physician may perform the abortion as if the court
7-25     had issued an order authorizing the minor to consent to the
7-26     performance of the abortion without notification under Section
 8-1     33.002.  Proceedings under this section shall be given precedence
 8-2     over other pending matters to the extent necessary to assure that
 8-3     the court reaches a decision promptly.
 8-4           (c)  A ruling of the court of appeals issued under this
 8-5     section is confidential and may not be released to any person but
 8-6     the pregnant minor, the pregnant minor's guardian ad litem, the
 8-7     pregnant minor's attorney, or another person designated to receive
 8-8     the ruling by the minor.  The supreme court may adopt rules to
 8-9     permit confidential docketing of an appeal under this section.
8-10           (d)  The clerk of the supreme court shall prescribe the
8-11     notice of appeal form to be used by the minor appealing a judgment
8-12     under this section.
8-13           (e)  A filing fee is not required of and court costs may not
8-14     be assessed against a minor filing an appeal under this section.
8-15           (f)  An expedited confidential appeal shall be available to
8-16     any pregnant minor to whom a court of appeals denies an order
8-17     authorizing the minor to consent to the performance of an abortion
8-18     without notification to either of her parents or a managing
8-19     conservator or guardian.
8-20           Sec. 33.005.  AD LITEM IMMUNITY.  A guardian ad litem or
8-21     attorney ad litem appointed under this chapter and acting in the
8-22     course and scope of the appointment is not liable for damages
8-23     arising from an act or omission of the guardian ad litem or
8-24     attorney ad litem committed in good faith.
8-25           Sec. 33.006.  COSTS PAID BY STATE.  (a)  A court acting under
8-26     Section 33.003 or 33.004 may issue an order requiring the state to
 9-1     pay:
 9-2                 (1)  the cost of any attorney ad litem and any guardian
 9-3     ad litem appointed for the minor;
 9-4                 (2)  notwithstanding Sections 33.003(m) and 33.004(e),
 9-5     the costs of court associated with the application or appeal; and
 9-6                 (3)  any court reporter's fees incurred.
 9-7           (b)  An order issued under Subsection (a) must be directed to
 9-8     the comptroller, who shall pay the amount ordered from funds
 9-9     appropriated to the Texas Department of Health.
9-10           Sec. 33.007.  REPORTING OF SEXUAL ABUSE OF A MINOR.  A court
9-11     or the guardian ad litem or attorney ad litem for the minor shall
9-12     report sexual abuse of the minor based on information obtained
9-13     during a confidential court proceeding held under this chapter to:
9-14                 (1)  any local or state law enforcement agency;
9-15                 (2)  the Department of Protective and Regulatory
9-16     Services, if the alleged or suspected abuse involves a person
9-17     responsible for the care, custody, or welfare of the child;
9-18                 (3)  the state agency that operates, licenses,
9-19     certifies, or registers the facility in which the alleged abuse
9-20     occurred, if the alleged abuse occurred in a facility operated,
9-21     licensed, certified, or registered by a state agency; or
9-22                 (4)  an appropriate agency designated by the court.
9-23           SECTION 2.  The Supreme Court of Texas shall issue promptly
9-24     such rules as may be necessary in order that the process
9-25     established by Sections 33.003 and 33.004, Family Code, as added by
9-26     this Act, may be conducted in a manner that will ensure
 10-1    confidentiality and sufficient precedence over all other pending
 10-2    matters to ensure promptness of disposition.
 10-3          SECTION 3.  Except as provided by Section 5 of this Act, this
 10-4    Act takes effect September 1, 1999.
 10-5          SECTION 4.  Chapter 33, Family Code, as added by this Act,
 10-6    applies only to an abortion performed on or after January 1, 2000.
 10-7    An abortion performed before January 1, 2000, is governed by the
 10-8    law as it existed immediately before the effective date of this
 10-9    Act, and that law is continued in effect for that purpose.
10-10          SECTION 5.  Subsection (d), Section 33.002, Family Code, as
10-11    added by this Act, takes effect January 1, 2000.
10-12          SECTION 6.  The Texas Board of Health shall adopt the form to
10-13    be used under Subdivision (4), Subsection (a), Section 33.002,
10-14    Family Code, as added by this Act, not later than December 15,
10-15    1999.
10-16          SECTION 7.  The clerk of the Supreme Court of Texas shall
10-17    adopt the application form and notice of appeal form to be used
10-18    under Sections 33.003 and 33.004, Family Code, as added by this
10-19    Act, not later than December 15, 1999.
10-20          SECTION 8.  The importance of this legislation and the
10-21    crowded condition of the calendars in both houses create an
10-22    emergency and an imperative public necessity that the
10-23    constitutional rule requiring bills to be read on three several
10-24    days in each house be suspended, and this rule is hereby suspended.