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.  This definition, as applied in this chapter, applies
1-13     only to an unemancipated minor known by the attending physician to
1-14     be pregnant and may not be construed to limit a minor's access to
1-15     contraceptives.
1-16                 (2)  "Fetus" means an individual human organism from
1-17     fertilization until birth.
1-18                 (3)  "Guardian" means a court-appointed guardian of the
1-19     person of the minor.
1-20                 (4)  "Physician" means an individual licensed to
1-21     practice medicine in this state.
1-22                 (5)  "Unemancipated minor" includes a minor who:
1-23                       (A)  is unmarried; and
1-24                       (B)  has not had the disabilities of minority
 2-1     removed under Chapter 31.
 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, the judge of a district court,
2-13     including a family district court, or a court of appellate
2-14     jurisdiction issues an order authorizing the minor to consent to
2-15     the abortion as provided by Section 33.003 or 33.004;
2-16                 (3)  a probate court, county court at law, district
2-17     court, including a family district court, or court of appeals, by
2-18     its inaction, constructively authorizes the minor to consent to the
2-19     abortion as provided by Section 33.003 or 33.004; or
2-20                 (4)  the physician performing the abortion:
2-21                       (A)  concludes that on the basis of the
2-22     physician's good faith clinical judgment, a condition exists that
2-23     complicates the medical condition of the pregnant minor and
2-24     necessitates the immediate abortion of her pregnancy to avert her
2-25     death or to avoid a serious risk of substantial and irreversible
2-26     impairment of a major bodily function; and
 3-1                       (B)  certifies in writing to the Texas Department
 3-2     of Health and in the patient's medical record the medical
 3-3     indications supporting the physician's judgment that the
 3-4     circumstances described by Paragraph (A) exist.
 3-5           (b)  If a person to whom notice may be given under Subsection
 3-6     (a)(1) cannot be notified after a reasonable effort, a physician
 3-7     may perform an abortion if the physician gives 48 hours
 3-8     constructive notice, by certified mail, restricted delivery, sent
 3-9     to the last known address, to the person to whom notice may be
3-10     given under Subsection (a)(1).  The period under this subsection
3-11     begins when the notice is mailed.  If the person required to be
3-12     notified is not notified within the 48-hour period, the abortion
3-13     may proceed even if the notice by mail is not received.
3-14           (c)  The requirement that 48 hours actual notice be provided
3-15     under this section may be waived by an affidavit of:
3-16                 (1)  a parent of the minor, if the minor has no
3-17     managing conservator or guardian; or
3-18                 (2)  a court-appointed managing conservator or
3-19     guardian.
3-20           (d)  A physician may execute for inclusion in the minor's
3-21     medical record an affidavit stating that, according to the best
3-22     information and belief of the physician, notice or constructive
3-23     notice has been provided as required by this section.  Execution of
3-24     an affidavit under this subsection creates a presumption that the
3-25     requirements of this section have been satisfied.
3-26           (e)  The Texas Department of Health shall prepare a form to
 4-1     be used for making the certification required by Subsection (a)(4).
 4-2           (f)  A certification required by Subsection (a)(4) is
 4-3     confidential and privileged and is not subject to disclosure under
 4-4     Chapter 552, Government Code, or to discovery, subpoena, or other
 4-5     legal process.  Personal or identifying information about the
 4-6     minor, including her name, address, or social security number, may
 4-7     not be included in a certification under Subsection (a)(4).  The
 4-8     physician must keep the medical records on the minor in compliance
 4-9     with the rules adopted by the Texas State Board of Medical
4-10     Examiners under Section 5.085, Medical Practice Act (Article 4495b,
4-11     Vernon's Texas Civil Statutes).
4-12           (g)  A physician who intentionally performs an abortion on a
4-13     pregnant unemancipated minor in violation of this section commits
4-14     an offense.  An offense under this subsection is punishable by a
4-15     fine not to exceed $10,000.  In this subsection, "intentionally"
4-16     has the meaning assigned by Section 6.03(a), Penal Code.
4-17           (h)  It is a defense to prosecution under this section that
4-18     the minor falsely represented her age or identity to the physician
4-19     to be at least 18 years of age by displaying an apparently valid
4-20     governmental record of identification such that a reasonable person
4-21     under similar circumstances would have relied on the
4-22     representation.  The defense does not apply if the physician is
4-23     shown to have had independent knowledge of the minor's actual age
4-24     or identity or failed to use due diligence in determining the
4-25     minor's age or identity.  In this subsection, "defense" has the
4-26     meaning and application assigned by Section 2.03, Penal Code.
 5-1           (i)  In relation to the trial of an offense under this
 5-2     section in which the conduct charged involves a conclusion made by
 5-3     the physician under Subsection (a)(4), the defendant may seek a
 5-4     hearing before the Texas State Board of Medical Examiners on
 5-5     whether the physician's conduct was necessary to avert the death of
 5-6     the minor or to avoid a serious risk of substantial and
 5-7     irreversible impairment of a major bodily function.  The findings
 5-8     of the Texas State Board of Medical Examiners under this subsection
 5-9     are admissible on that issue in the trial of the defendant.
5-10     Notwithstanding any other reason for a continuance provided under
5-11     the Code of Criminal Procedure or other law, on motion of the
5-12     defendant, the court shall delay the beginning of the trial for not
5-13     more than 30 days to permit a hearing under this subsection to take
5-14     place.
5-15           Sec. 33.003.  JUDICIAL APPROVAL.  (a)  A pregnant minor who
5-16     wishes to have an abortion without notification to one of her
5-17     parents, her managing conservator, or her guardian may file an
5-18     application for a court order authorizing the minor to consent to
5-19     the performance of an abortion without notification to either of
5-20     her parents or a managing conservator or guardian.
5-21           (b)  The application may be filed in any county court at law,
5-22     court having probate jurisdiction, or district court, including a
5-23     family district court, in this state.
5-24           (c)  The application must be made under oath and include:
5-25                 (1)  a statement that the minor is pregnant;
5-26                 (2)  a statement that the minor is unmarried, is under
 6-1     18 years of age, and has not had her disabilities removed under
 6-2     Chapter 31;
 6-3                 (3)  a statement that the minor wishes to have an
 6-4     abortion without the notification of either of her parents or a
 6-5     managing conservator or guardian; and
 6-6                 (4)  a statement as to whether the minor has retained
 6-7     an attorney and, if she has retained an attorney, the name,
 6-8     address, and telephone number of her attorney.
 6-9           (d)  The clerk of the court shall deliver a courtesy copy of
6-10     the application made under this section to the judge who is to hear
6-11     the application.
6-12           (e)  The court shall appoint a guardian ad litem for the
6-13     minor.  If the minor has not retained an attorney, the court shall
6-14     appoint an attorney to represent the minor.  If the guardian ad
6-15     litem is an attorney admitted to the practice of law in this state,
6-16     the court may appoint the guardian ad litem to serve as the minor's
6-17     attorney.
6-18           (f)  The court may appoint to serve as guardian ad litem:
6-19                 (1)  a person who may consent to treatment for the
6-20     minor under Sections 32.001(a)(1)-(3);
6-21                 (2)  a psychiatrist or an individual licensed or
6-22     certified as a psychologist under the Psychologists' Licensing Act
6-23     (Article 4512c, Vernon's Texas Civil Statutes);
6-24                 (3)  an appropriate employee of the Department of
6-25     Protective and Regulatory Services;
6-26                 (4)  a member of the clergy; or
 7-1                 (5)  another appropriate person selected by the court.
 7-2           (g)  The court shall fix a time for a hearing on an
 7-3     application filed under Subsection (a) and shall keep a record of
 7-4     all testimony and other oral proceedings in the action.  The court
 7-5     shall enter judgment on the application immediately after the
 7-6     hearing is concluded.
 7-7           (h)  The court shall rule on an application submitted under
 7-8     this section and shall issue written findings of fact and
 7-9     conclusions of law not later than 5 p.m. on the second business day
7-10     after the date the application is filed with the court.  On request
7-11     by the minor, the court shall grant an extension of the period
7-12     specified by this subsection.  If a request for an extension is
7-13     made, the court shall rule on an application and shall issue
7-14     written findings of fact and conclusions of law not later than 5
7-15     p.m. on the second business day after the date the minor states she
7-16     is ready to proceed to hearing.  If the court fails to rule on the
7-17     application and issue written findings of fact and conclusions of
7-18     law within the period specified by this subsection, the application
7-19     is deemed to be granted and the physician may perform the abortion
7-20     as if the court had issued an order authorizing the minor to
7-21     consent to the performance of the abortion without notification
7-22     under Section 33.002.  Proceedings under this section shall be
7-23     given precedence over other pending matters to the extent necessary
7-24     to assure that the court reaches a decision promptly.
7-25           (i)  The court shall determine by a preponderance of the
7-26     evidence whether the minor is mature and sufficiently well informed
 8-1     to make the decision to have an abortion performed without
 8-2     notification to either of her parents or a managing conservator or
 8-3     guardian, whether notification would not be in the best interest of
 8-4     the minor, or whether notification may lead to physical, sexual, or
 8-5     emotional abuse of the minor.  If the court finds that the minor is
 8-6     mature and sufficiently well informed, that notification would not
 8-7     be in the minor's best interest, or that notification may lead to
 8-8     physical, sexual, or emotional abuse of the minor, the court shall
 8-9     enter an order authorizing the minor to consent to the performance
8-10     of the abortion without notification to either of her parents or a
8-11     managing conservator or guardian and shall execute the required
8-12     forms.
8-13           (j)  If the court finds that the minor does not meet the
8-14     requirements of Subsection (i), the court may not authorize the
8-15     minor to consent to an abortion without the notification authorized
8-16     under Section 33.002(a)(1).
8-17           (k)  The court may not notify a parent, managing conservator,
8-18     or guardian that the minor is pregnant or that the minor wants to
8-19     have an abortion.  The court proceedings shall be conducted in a
8-20     manner that protects the anonymity of the minor.  The application
8-21     and all other court documents pertaining to the proceedings are
8-22     confidential and privileged and are not subject to disclosure under
8-23     Chapter 552, Government Code, or to discovery, subpoena, or other
8-24     legal process.  The minor may file the application using a
8-25     pseudonym or using only her initials.
8-26           (l)  An order of the court issued under this section is
 9-1     confidential and privileged and is not subject to disclosure under
 9-2     Chapter 552, Government Code, or discovery, subpoena, or other
 9-3     legal process.  The order may not be released to any person but the
 9-4     pregnant minor, the pregnant minor's guardian ad litem, the
 9-5     pregnant minor's attorney, another person designated to receive the
 9-6     order by the minor, or a governmental agency or attorney in a
 9-7     criminal or administrative action seeking to assert or protect the
 9-8     interest of the minor.  The supreme court may adopt rules to permit
 9-9     confidential docketing of an application under this section.
9-10           (m)  The clerk of the supreme court shall prescribe the
9-11     application form to be used by the minor filing an application
9-12     under this section.
9-13           (n)  A filing fee is not required of and court costs may not
9-14     be assessed against a minor filing an application under this
9-15     section.
9-16           Sec. 33.004.  APPEAL.  (a)  A minor whose application under
9-17     Section 33.003 is denied may appeal to the court of appeals having
9-18     jurisdiction over civil matters in the county in which the
9-19     application was filed.  On receipt of a notice of appeal, the clerk
9-20     of the court that denied the application shall deliver a copy of
9-21     the notice of appeal and record on appeal to the clerk of the court
9-22     of appeals.  On receipt of the notice and record, the clerk of the
9-23     court of appeals shall place the appeal on the docket of the court.
9-24           (b)  The court of appeals shall rule on an appeal under this
9-25     section not later than 5 p.m. on the second business day after the
9-26     date the notice of appeal is filed with the court that denied the
 10-1    application.  On request by the minor, the court shall grant an
 10-2    extension of the period specified by this subsection.  If a request
 10-3    for an extension is made, the court shall rule on the appeal not
 10-4    later than 5 p.m. on the second business day after the date the
 10-5    minor states she is ready to proceed.  If the court of appeals
 10-6    fails to rule on the appeal within the period specified by this
 10-7    subsection, the appeal is deemed to be granted and the physician
 10-8    may perform the abortion as if the court had issued an order
 10-9    authorizing the minor to consent to the performance of the abortion
10-10    without notification under Section 33.002.  Proceedings under this
10-11    section shall be given precedence over other pending matters to the
10-12    extent necessary to assure that the court reaches a decision
10-13    promptly.
10-14          (c)  A ruling of the court of appeals issued under this
10-15    section is confidential and privileged and is not subject to
10-16    disclosure under Chapter 552, Government Code, or discovery,
10-17    subpoena, or other legal process.  The ruling may not be released
10-18    to any person but the pregnant minor, the pregnant minor's guardian
10-19    ad litem, the pregnant minor's attorney, another person designated
10-20    to receive the ruling by the minor, or a governmental agency or
10-21    attorney in a criminal or administrative action seeking to assert
10-22    or protect the interest of the minor.  The supreme court may adopt
10-23    rules to permit confidential docketing of an appeal under this
10-24    section.
10-25          (d)  The clerk of the supreme court shall prescribe the
10-26    notice of appeal form to be used by the minor appealing a judgment
 11-1    under this section.
 11-2          (e)  A filing fee is not required of and court costs may not
 11-3    be assessed against a minor filing an appeal under this section.
 11-4          (f)  An expedited confidential appeal shall be available to
 11-5    any pregnant minor to whom a court of appeals denies an order
 11-6    authorizing the minor to consent to the performance of an abortion
 11-7    without notification to either of her parents or a managing
 11-8    conservator or guardian.
 11-9          Sec. 33.005.  AFFIDAVIT OF PHYSICIAN.  (a)  A physician may
11-10    execute for inclusion in the minor's medical record an affidavit
11-11    stating that, after reasonable inquiry, it is the belief of the
11-12    physician that:
11-13                (1)  the minor has made an application or filed a
11-14    notice of an appeal with a court under this chapter;
11-15                (2)  the deadline for court action imposed by this
11-16    chapter has passed; and
11-17                (3)  the physician has been notified that the court has
11-18    not denied the application or appeal.
11-19          (b)  A physician who in good faith has executed an affidavit
11-20    under Subsection (a) may rely on the affidavit and may perform the
11-21    abortion as if the court had issued an order granting the
11-22    application or appeal.
11-23          Sec. 33.006.  GUARDIAN AD LITEM IMMUNITY.  A guardian ad
11-24    litem appointed under this chapter and acting in the course and
11-25    scope of the appointment is not liable for damages arising from an
11-26    act or omission of the guardian ad litem committed in good faith.
 12-1    The immunity granted by this section does not apply if the conduct
 12-2    of the guardian ad litem is committed in a manner described by
 12-3    Sections 107.003(b)(1)-(4).
 12-4          Sec. 33.007.  COSTS PAID BY STATE.  (a)  A court acting under
 12-5    Section 33.003 or 33.004 may issue an order requiring the state to
 12-6    pay:
 12-7                (1)  the cost of any attorney ad litem and any guardian
 12-8    ad litem appointed for the minor;
 12-9                (2)  notwithstanding Sections 33.003(n) and 33.004(e),
12-10    the costs of court associated with the application or appeal; and
12-11                (3)  any court reporter's fees incurred.
12-12          (b)  An order issued under Subsection (a) must be directed to
12-13    the comptroller, who shall pay the amount ordered from funds
12-14    appropriated to the Texas Department of Health.
12-15          Sec. 33.008.  PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;
12-16    INVESTIGATION AND ASSISTANCE.  (a)  A physician who has reason to
12-17    believe that a minor has been or may be physically or sexually
12-18    abused by a person responsible for the minor's care, custody, or
12-19    welfare, as that term is defined by Section 261.001, shall
12-20    immediately report the suspected abuse to the Department of
12-21    Protective and Regulatory Services and shall refer the minor to the
12-22    department for services or intervention that may be in the best
12-23    interest of the minor.
12-24          (b)  The Department of Protective and Regulatory Services
12-25    shall investigate suspected abuse reported under this section and,
12-26    if appropriate, shall assist the minor in making an application
 13-1    with a court under Section 33.003.
 13-2          Sec. 33.009.  OTHER REPORTS OF SEXUAL ABUSE OF A MINOR.  A
 13-3    court or the guardian ad litem or attorney ad litem for the minor
 13-4    shall report conduct reasonably believed to violate Section 22.011,
 13-5    22.021, or 25.02, Penal Code, based on information obtained during
 13-6    a confidential court proceeding held under this chapter to:
 13-7                (1)  any local or state law enforcement agency;
 13-8                (2)  the Department of Protective and Regulatory
 13-9    Services, if the alleged conduct involves a person responsible for
13-10    the care, custody, or welfare of the child;
13-11                (3)  the state agency that operates, licenses,
13-12    certifies, or registers the facility in which the alleged conduct
13-13    occurred, if the alleged conduct occurred in a facility operated,
13-14    licensed, certified, or registered by a state agency; or
13-15                (4)  an appropriate agency designated by the court.
13-16          Sec. 33.010.  CONFIDENTIALITY.  Notwithstanding any other
13-17    law, information  obtained by the Department of Protective and
13-18    Regulatory Services or another entity under Section 33.008 or
13-19    33.009 is confidential except to the extent necessary to prove a
13-20    violation of Section 22.011, 22.021, or 25.02, Penal Code.
13-21          Sec. 33.011.  INFORMATION RELATING TO JUDICIAL BYPASS.  The
13-22    Texas Department of Health shall produce and distribute
13-23    informational materials that explain the rights of a minor under
13-24    this chapter.  The materials must explain the procedures
13-25    established by Sections 33.003 and 33.004 and must be made
13-26    available in English and in Spanish.  The material provided by the
 14-1    department shall also provide information relating to alternatives
 14-2    to abortion and health risks associated with abortion.
 14-3          SECTION 2.  The Supreme Court of Texas shall issue promptly
 14-4    such rules as may be necessary in order that the process
 14-5    established by Sections 33.003 and 33.004, Family Code, as added by
 14-6    this Act, may be conducted in a manner that will ensure
 14-7    confidentiality and sufficient precedence over all other pending
 14-8    matters to ensure promptness of disposition.
 14-9          SECTION 3.  This Act takes effect September 1, 1999.
14-10          SECTION 4.  Chapter 33, Family Code, as added by this Act,
14-11    applies only to an abortion performed on or after January 1, 2000.
14-12    An abortion performed before January 1, 2000, is governed by the
14-13    law as it existed immediately before the effective date of this
14-14    Act, and that law is continued in effect for that purpose.
14-15          SECTION 5.  The Texas Board of Health shall adopt the form to
14-16    be used under Subdivision (4), Subsection (a), Section 33.002,
14-17    Family Code, as added by this Act, not later than December 15,
14-18    1999.
14-19          SECTION 6.  The clerk of the Supreme Court of Texas shall
14-20    adopt the application form and notice of appeal form to be used
14-21    under Sections 33.003 and 33.004, Family Code, as added by this
14-22    Act, not later than December 15, 1999.
14-23          SECTION 7.  The importance of this legislation and the
14-24    crowded condition of the calendars in both houses create an
14-25    emergency and an imperative public necessity that the
14-26    constitutional rule requiring bills to be read on three several
 15-1    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 30 passed the Senate on
         March 18, 1999, by the following vote:  Yeas 23, Nays 8; and that
         the Senate concurred in House amendments on May 25, 1999, by the
         following vote:  Yeas 22, Nays 8.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 30 passed the House, with
         amendments, on May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor