78R5211 YDB-D
By: King H.B. No. 945
A BILL TO BE ENTITLED
AN ACT
relating to parental consent to abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.002, Family Code, is amended by
amending Subsection (a) and adding Subsections (j) and (k) to read
as follows:
(a) A physician may not perform an abortion on a pregnant
unemancipated minor unless:
(1) a parent, managing conservator, or
court-appointed guardian of the minor consents in a written
affidavit to the abortion and submits a valid governmental record
of identification to verify the identity of the parent, managing
conservator, or court-appointed guardian [the physician performing
the abortion gives at least 48 hours actual notice, in person or by
telephone, of the physician's intent to perform the abortion to:
[(A) a parent of the minor, if the minor has no
managing conservator or guardian; or
[(B) a court-appointed managing conservator or
guardian];
(2) the judge of a court having probate jurisdiction,
the judge of a county court at law, the judge of a district court,
including a family district court, or a court of appellate
jurisdiction issues an order authorizing the minor to consent to
the abortion as provided by Section 33.003 or 33.004;
(3) a probate court, county court at law, district
court, including a family district court, or court of appeals, by
its inaction, constructively authorizes the minor to consent to the
abortion as provided by Section 33.003 or 33.004; or
(4) the physician performing the abortion:
(A) concludes that on the basis of the
physician's good faith clinical judgment, a condition exists that
complicates the medical condition of the pregnant minor and
necessitates the immediate abortion of her pregnancy to avert her
death or to avoid a serious risk of substantial and irreversible
impairment of a major bodily function and that there is
insufficient time to obtain the consent required by Subdivision
(1); and
(B) certifies in writing to the Texas Department
of Health and in the patient's medical record the medical
indications supporting the physician's judgment that the
circumstances described by Paragraph (A) exist.
(j) A physician who performs an abortion with the consent
required by Subsection (a)(1) shall retain in the physician's files
the written affidavit of the parent, managing conservator, or
guardian and a copy of the identification submitted by the parent,
managing conservator, or guardian.
(k) The Texas State Board of Medical Examiners shall suspend
for one year the license of a physician who performs an abortion in
violation of this section. Complaints and investigations under this
subsection shall be conducted in accordance with Chapters 154 and
164, Occupations Code.
SECTION 2. The heading to Section 33.002, Family Code, is
amended to read as follows:
Sec. 33.002. PARENTAL CONSENT [NOTICE].
SECTION 3. Sections 33.003(a), (b), (c), (h), (i), and (j),
Family Code, are amended to read as follows:
(a) A pregnant minor who wishes to have an abortion without
the consent of [notification to] one of her parents, her managing
conservator, or her guardian may file an application for a court
order authorizing the minor to consent to the performance of an
abortion without the consent of [notification to] either of her
parents or a managing conservator or guardian.
(b) The application may be filed in the [any] county court
at law, court having probate jurisdiction, or district court,
including a family district court, for the county in which the minor
resides [in this state].
(c) The application must be made under oath and include:
(1) a statement that the minor is pregnant;
(2) a statement that the minor is unmarried, is under
18 years of age, and has not had her disabilities removed under
Chapter 31;
(3) a statement that the minor wishes to have an
abortion without the consent [notification] of either of her
parents or a managing conservator or guardian; and
(4) a statement as to whether the minor has retained an
attorney and, if she has retained an attorney, the name, address,
and telephone number of her attorney.
(h) The court shall rule on an application submitted under
this section and shall issue written findings of fact and
conclusions of law not later than 5 p.m. on the second business day
after the date the application is filed with the court. On request
by the minor, the court shall grant an extension of the period
specified by this subsection. If a request for an extension is
made, the court shall rule on an application and shall issue written
findings of fact and conclusions of law not later than 5 p.m. on the
second business day after the date the minor states she is ready to
proceed to hearing. If the court fails to rule on the application
and issue written findings of fact and conclusions of law within the
period specified by this subsection, the application is deemed to
be granted and the physician may perform the abortion as if the
court had issued an order authorizing the minor to consent to the
performance of the abortion without the consent required
[notification] under Section 33.002. Proceedings under this
section shall be given precedence over other pending matters to the
extent necessary to assure that the court reaches a decision
promptly.
(i) The court shall determine by clear and convincing [a
preponderance of the] evidence whether the minor is mature and
sufficiently well informed to make the decision to have an abortion
performed without the consent of [notification to] either of her
parents or a managing conservator or guardian, whether requiring
that consent [notification] would not be in the best interest of the
minor, or whether requiring that consent [notification] may lead to
[physical, sexual, or emotional] abuse, as that term is defined by
Section 261.001, of the minor. If the court finds that the minor is
mature and sufficiently well informed, that requiring consent
[notification] would not be in the minor's best interest, or that
requiring consent [notification] may lead to [physical, sexual, or
emotional] abuse, as that term is defined by Section 261.001, of the
minor, the court shall enter an order authorizing the minor to
consent to the performance of the abortion without consent of
[notification to] either of her parents or a managing conservator
or guardian and shall execute the required forms.
(j) If the court finds that the minor does not meet the
requirements of Subsection (i), the court may not authorize the
minor to consent to an abortion without the consent required
[notification authorized] under Section 33.002(a)(1).
SECTION 4. Sections 33.004(b) and (f), Family Code, are
amended to read as follows:
(b) The court of appeals shall rule on an appeal under this
section not later than 5 p.m. on the second business day after the
date the notice of appeal is filed with the court that denied the
application. On request by the minor, the court shall grant an
extension of the period specified by this subsection. If a request
for an extension is made, the court shall rule on the appeal not
later than 5 p.m. on the second business day after the date the
minor states she is ready to proceed. If the court of appeals fails
to rule on the appeal within the period specified by this
subsection, the appeal is deemed to be granted and the physician may
perform the abortion as if the court had issued an order authorizing
the minor to consent to the performance of the abortion without the
consent required [notification] under Section 33.002. Proceedings
under this section shall be given precedence over other pending
matters to the extent necessary to assure that the court reaches a
decision promptly.
(f) An expedited confidential appeal shall be available to
any pregnant minor to whom a court of appeals denies an order
authorizing the minor to consent to the performance of an abortion
without consent of [notification to] either of her parents or a
managing conservator or guardian.
SECTION 5. The heading to Chapter 33, Family Code, is
amended to read as follows:
CHAPTER 33. CONSENT TO [NOTICE OF] ABORTION
SECTION 6. The following sections of the Family Code are
repealed:
(1) Sections 33.002(b), (c), and (d); and
(2) Section 33.005.
SECTION 7. Chapter 33, Family Code, as amended by this Act,
applies only to an abortion performed on or after the 90th day after
the effective date of this Act. An abortion performed before that
day is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 8. The Texas Department of Health shall amend the
form to be used under Section 33.002(a)(4), Family Code, to conform
to that section as amended by this Act, not later than the 60th day
after the effective date of this Act.
SECTION 9. The Texas Supreme Court shall promptly issue any
rules necessary to conform to the change in law made by this Act.
SECTION 10. The clerk of the Texas Supreme Court shall amend
the application form and notice of appeal form to be used under
Sections 33.003 and 33.004, Family Code, to conform to those
sections as amended by this Act, not later than the 60th day after
the effective date of this Act.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.