By Brimer H.B. No. 1197
77R4883 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the evidentiary standard used in certain judicial
1-3 proceedings to bypass parental notice of a minor's abortion.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 33.003(i), Family Code, is amended to read
1-6 as follows:
1-7 (i) The court shall determine by clear and convincing [a
1-8 preponderance of the] evidence whether the minor is mature and
1-9 sufficiently well informed to make the decision to have an abortion
1-10 performed without notification to either of her parents or a
1-11 managing conservator or guardian, whether notification would not be
1-12 in the best interest of the minor, or whether notification may lead
1-13 to physical, sexual, or emotional abuse of the minor. If the court
1-14 finds that the minor is mature and sufficiently well informed, that
1-15 notification would not be in the minor's best interest, or that
1-16 notification may lead to physical, sexual, or emotional abuse of
1-17 the minor, the court shall enter an order authorizing the minor to
1-18 consent to the performance of the abortion without notification to
1-19 either of her parents or a managing conservator or guardian and
1-20 shall execute the required forms.
1-21 SECTION 2. This Act takes effect September 1, 2001, and
1-22 applies only to an application for a court order authorizing a
1-23 minor to consent to the performance of an abortion filed under
1-24 Section 33.003, Family Code, on or after that date. An application
2-1 filed under Section 33.003, Family Code, before September 1, 2001,
2-2 is governed by the law as it existed immediately before that date,
2-3 and that law is continued in effect for this purpose.