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.