1-1     By:  Shapiro, et al.                                    S.B. No. 30
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Human Services;
 1-4     March 15, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 3, Nays 2; March 15, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 30                    By:  Carona
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to parental notification before an abortion may be
1-11     performed on certain minors; providing a criminal penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subtitle A, Title 2, Family Code, is amended by
1-14     adding Chapter 33 to read as follows:
1-15                       CHAPTER 33.  NOTICE OF ABORTION
1-16           Sec. 33.001.  DEFINITIONS.  In this chapter:
1-17                 (1)  "Abortion" means the use of any means to terminate
1-18     the pregnancy of a female known by the attending physician to be
1-19     pregnant, with the intention that the termination of the pregnancy
1-20     by those means will with reasonable likelihood cause the death of
1-21     the fetus.
1-22                 (2)  "Fetus" means an individual human organism from
1-23     fertilization until birth.
1-24                 (3)  "Guardian" means a court-appointed guardian of the
1-25     person of the minor.
1-26                 (4)  "Medical emergency" means a condition that, on the
1-27     basis of a physician's good faith clinical judgment, complicates
1-28     the medical condition of a pregnant woman and necessitates the
1-29     immediate abortion of her pregnancy to avert her death or to avoid
1-30     a serious risk of substantial and irreversible impairment of a
1-31     major bodily function.
1-32                 (5)  "Physician" means an individual licensed to
1-33     practice medicine in this state.
1-34           Sec. 33.002.  PARENTAL NOTICE.  (a)  A physician may not
1-35     perform an abortion on a pregnant unemancipated minor unless:
1-36                 (1)  the physician performing the abortion gives at
1-37     least 48 hours actual notice, in person or by telephone, of the
1-38     physician's intent to perform the abortion to:
1-39                       (A)  a parent of the minor, if the minor has no
1-40     managing conservator or guardian; or
1-41                       (B)  a court-appointed managing conservator or
1-42     guardian;
1-43                 (2)  the judge of a court having probate jurisdiction,
1-44     the judge of a county court at law, the judge of a district court,
1-45     or the judge of the court of appeals issues an order authorizing
1-46     the minor to consent to the abortion as provided by Section 33.003
1-47     or 33.004;
1-48                 (3)  a probate court, county court at law, district
1-49     court, or court of appeals, by its inaction, constructively
1-50     authorizes the minor to consent to the abortion as provided by
1-51     Section 33.003 or 33.004; or
1-52                 (4)  the physician performing the abortion:
1-53                       (A)  concludes that a medical emergency exists
1-54     and there is insufficient time to provide the required notice; and
1-55                       (B)  certifies in writing to the Texas
1-56     Department of Health and in the patient's medical record the
1-57     medical indications supporting the physician's judgment that a
1-58     medical emergency exists and that there is insufficient time to
1-59     provide the required notice.
1-60           (b)  If a person to whom notice may be given under Subsection
1-61     (a)(1) cannot be notified after a reasonable effort, a physician
1-62     may perform an abortion if the physician gives 48 hours
1-63     constructive notice, by certified mail sent to the last known
1-64     address, to the person to whom notice may be given under Subsection
 2-1     (a)(1).  The period under this subsection begins when the certified
 2-2     mail notice is mailed.  If the person required to be notified is
 2-3     not notified within the 48-hour period, the abortion may proceed
 2-4     even if the certified mail notice is not received.
 2-5           (c)  The Texas  Department of Health shall prepare a form to
 2-6     be used for making the certification required by Subsection (a)(4).
 2-7           (d)  A physician who violates this section commits an
 2-8     offense.  An offense under this section is a Class A misdemeanor.
 2-9           Sec. 33.003.  JUDICIAL APPROVAL.  (a)  A pregnant minor who
2-10     wishes to have an abortion without notification to one of her
2-11     parents, her managing conservator, or her guardian may file an
2-12     application for a court order authorizing the minor to consent to
2-13     the performance of an abortion without notification to either of
2-14     her parents or a managing conservator or guardian.
2-15           (b)  The application may be filed in the county court at law,
2-16     a court having probate jurisdiction, or a district court for:
2-17                 (1)  the county in which the minor resides;
2-18                 (2)  a county that borders the county in which the
2-19     minor resides; or
2-20                 (3)  the county in which the hospital, clinic, or
2-21     facility in which the abortion would be performed is located.
2-22           (c)  The application must be made under oath and include:
2-23                 (1)  a statement that the minor is pregnant;
2-24                 (2)  a statement that the minor is unmarried, is under
2-25     18 years of age, and has not had her disabilities removed for
2-26     general purposes under Chapter 31;
2-27                 (3)  a statement that the minor wishes to have an
2-28     abortion without the notification of either of her parents or a
2-29     managing conservator or guardian; and
2-30                 (4)  a statement as to whether the minor has retained
2-31     an attorney and, if she has retained an attorney, the name,
2-32     address, and telephone number of her attorney.
2-33           (d)  The pregnant minor shall deliver a courtesy copy of the
2-34     application made under this section to the judge who is to hear the
2-35     application.  At the time the application is filed with the court,
2-36     the clerk of the court shall advise the minor of the place where
2-37     the courtesy copy is to be delivered under this subsection.
2-38           (e)  The court shall appoint a guardian ad litem for the
2-39     minor.  If the minor has not retained an attorney, the court shall
2-40     appoint an attorney to represent the minor.  If the guardian ad
2-41     litem is an attorney admitted to the practice of law in this state,
2-42     the court may appoint the guardian ad litem to serve as the minor's
2-43     attorney.
2-44           (f)  The court shall fix a time for a hearing on an
2-45     application filed under Subsection (a) and shall keep a record of
2-46     all testimony and other oral proceedings in the action.  The court
2-47     shall enter judgment on the application immediately after the
2-48     hearing is concluded.
2-49           (g)  The court shall rule on an application submitted under
2-50     this section and shall issue written findings of fact and
2-51     conclusions of law not later than 5 p.m. on the second business day
2-52     after the date the application is filed with the court.  The minor
2-53     may request an extension of the period specified by this
2-54     subsection.  If the court fails to rule on the application and
2-55     issue written findings of fact and conclusions of law within the
2-56     period specified by this subsection and an extension was not
2-57     requested, the application is deemed to be granted and the
2-58     physician may perform the abortion as if the court had issued an
2-59     order authorizing the minor to consent to the performance of the
2-60     abortion without notification under Section 33.002.  Proceedings
2-61     under this section shall be given precedence over other pending
2-62     matters to the extent necessary to assure that the court reaches a
2-63     decision promptly.
2-64           (h)  The court shall determine by a preponderance of the
2-65     evidence whether the minor is mature and sufficiently well informed
2-66     to make the decision to have an abortion performed without
2-67     notification to either of her parents or a managing conservator or
2-68     guardian or whether notification would not be in the best interest
2-69     of the minor.  If the court finds that the minor is mature and
 3-1     sufficiently well informed or that notification would not be in the
 3-2     minor's best interest, the court shall enter an order authorizing
 3-3     the minor to consent to the performance of the abortion without
 3-4     notification to either of her parents or a managing conservator or
 3-5     guardian and shall execute the required forms.
 3-6           (i)  If the court finds that the minor does not meet the
 3-7     requirements of Subsection (h), the court may not authorize the
 3-8     minor to consent to an abortion without the notification authorized
 3-9     under Section 33.002(a)(1).
3-10           (j)  The court may not notify a parent, managing conservator,
3-11     or guardian that the minor is pregnant or that the minor wants to
3-12     have an abortion.  The court proceedings shall be conducted in a
3-13     manner that protects the anonymity of the minor, and the
3-14     application and all other court documents pertaining to the
3-15     proceedings are confidential and may not be made available to the
3-16     public.  The minor may file the application using a pseudonym or
3-17     using only her initials.
3-18           (k)  An order of the court issued under this section is
3-19     confidential and may not be released to any person but the pregnant
3-20     minor, the pregnant minor's guardian ad litem, the pregnant minor's
3-21     attorney, or another person designated to receive the order by the
3-22     minor.  The supreme court may adopt rules to permit confidential
3-23     docketing of an application under this section.
3-24           (l)  The clerk of the supreme court shall prescribe the
3-25     application form to be used by the minor filing an application
3-26     under this section.
3-27           (m)  A filing fee is not required of and court costs may not
3-28     be assessed against a minor filing an application under this
3-29     section.
3-30           Sec. 33.004.  APPEAL.  (a)  A minor whose application under
3-31     Section 33.003 is denied may appeal to the court of appeals having
3-32     jurisdiction over civil matters in the county in which the
3-33     application was filed.  On receipt of a notice of appeal, the clerk
3-34     of the court that denied the application shall deliver a copy of
3-35     the notice of appeal and record on appeal to the clerk of the court
3-36     of appeals.  On receipt of the notice and record, the clerk of the
3-37     court of appeals shall place the appeal on the docket of the court.
3-38           (b)  The court of appeals shall rule on an appeal under this
3-39     section not later than 5 p.m. on the second business day after the
3-40     date the notice of appeal is filed with the court that denied the
3-41     application.  The minor may request an extension of the period
3-42     specified by this subsection.  If the court of appeals fails to
3-43     rule on the appeal within the period specified by this subsection
3-44     and an extension was not requested, the appeal is deemed to be
3-45     granted and the physician may perform the abortion as if the court
3-46     had issued an order authorizing the minor to consent to the
3-47     performance of the abortion without notification under Section
3-48     33.002.  Proceedings under this section shall be given precedence
3-49     over other pending matters to the extent necessary to assure that
3-50     the court reaches a decision promptly.
3-51           (c)  A ruling of the court of appeals issued under this
3-52     section is confidential and may not be released to any person but
3-53     the pregnant minor, the pregnant minor's guardian ad litem, the
3-54     pregnant minor's attorney, or another person designated to receive
3-55     the ruling by the minor.  The supreme court may adopt rules to
3-56     permit confidential docketing of an appeal under this section.
3-57           (d)  The clerk of the supreme court shall prescribe the
3-58     notice of appeal form to be used by the minor appealing a judgment
3-59     under this section.
3-60           (e)  A filing fee is not required of and court costs may not
3-61     be assessed against a minor filing an appeal under this section.
3-62           (f)  An expedited confidential appeal shall be available to
3-63     any pregnant minor to whom a court of appeals denies an order
3-64     authorizing the minor to consent to the performance of an abortion
3-65     without notification to either of her parents or a managing
3-66     conservator or guardian.
3-67           Sec. 33.005.  AD LITEM IMMUNITY.  A guardian ad litem or
3-68     attorney ad litem appointed under this chapter and acting in the
3-69     course and scope of the appointment is not liable for damages
 4-1     arising from an act or omission of the guardian ad litem or
 4-2     attorney ad litem committed in good faith.
 4-3           Sec. 33.006.  COSTS PAID BY STATE.  (a)  A court acting under
 4-4     Section 33.003 or 33.004 may issue an order requiring the state to
 4-5     pay:
 4-6                 (1)  the cost of any attorney ad litem and any guardian
 4-7     ad litem appointed for the minor;
 4-8                 (2)  notwithstanding Sections 33.003(m) and 33.004(e),
 4-9     the costs of court associated with the application or appeal; and
4-10                 (3)  any court reporter's fees incurred.
4-11           (b)  An order issued under Subsection (a) must be directed to
4-12     the comptroller, who shall pay the amount ordered from funds
4-13     appropriated to the Texas Department of Health, D.1.2. Strategy:
4-14     Family Planning.
4-15           Sec. 33.007.  REPORTING OF SEXUAL ABUSE OF A MINOR.  A court
4-16     or the guardian ad litem or attorney ad litem for the minor shall
4-17     report sexual abuse of the minor based on information obtained
4-18     during a confidential court proceeding held under this chapter to:
4-19                 (1)  any local or state law enforcement agency;
4-20                 (2)  the Department of Protective and Regulatory
4-21     Services, if the alleged or suspected abuse involves a person
4-22     responsible for the care, custody, or welfare of the child;
4-23                 (3)  the state agency that operates, licenses,
4-24     certifies, or registers the facility in which the alleged abuse
4-25     occurred, if the alleged abuse occurred in a facility operated,
4-26     licensed, certified, or registered by a state agency; or
4-27                 (4)  an appropriate agency designated by the court.
4-28           SECTION 2.  The Supreme Court of Texas shall issue promptly
4-29     such rules as may be necessary in order that the process
4-30     established by Sections 33.003 and 33.004, Family Code, as added by
4-31     this Act, may be conducted in a manner that will ensure
4-32     confidentiality and sufficient precedence over all other pending
4-33     matters to ensure promptness of disposition.
4-34           SECTION 3.  Except as provided by Section 5 of this Act, this
4-35     Act takes effect September 1, 1999.
4-36           SECTION 4.  Chapter 33, Family Code, as added by this Act,
4-37     applies only to an abortion performed on or after January 1, 2000.
4-38     An abortion performed before January 1, 2000, is governed by the
4-39     law as it existed immediately before the effective date of this
4-40     Act, and that law is continued in effect for that purpose.
4-41           SECTION 5.  Subsection (d), Section 33.002, Family Code, as
4-42     added by this Act, takes effect January 1, 2000.
4-43           SECTION 6.  The Texas Board of Health shall adopt the form to
4-44     be used under Subdivision (4), Subsection (a), Section 33.002,
4-45     Family Code, as added by this Act, not later than December 15,
4-46     1999.
4-47           SECTION 7.  The clerk of the Supreme Court of Texas shall
4-48     adopt the application form and notice of appeal form to be used
4-49     under Sections 33.003 and 33.004, Family Code, as added by this
4-50     Act, not later than December 15, 1999.
4-51           SECTION 8.  The importance of this legislation and the
4-52     crowded condition of the calendars in both houses create an
4-53     emergency and an imperative public necessity that the
4-54     constitutional rule requiring bills to be read on three several
4-55     days in each house be suspended, and this rule is hereby suspended.
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