Amend SB 419 on third reading as follows:
(1) Strike the proposed introductory language to amended
Section 164.052, Occupations Code, and substitute the following:
SECTION __. Section 164.052, Occupations Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(2) In amended Section 164.052(a)(17), Occupations Code, as
amended by Amendment No. 11 by Hartnett, strike "board; or" and
substitute "board;".
(3) In proposed Section 164.052(a)(18), Occupations Code, as
added by Amendment No. 11 by Hartnett, strike the period and
substitute the following:
; or
(19) performs an abortion on a pregnant unemancipated
minor, unless the physician performing the abortion or the
physician's agent obtains:
(A) from the minor's parent who appears in person
at the facility where the abortion is to be performed, if the minor
does not have a managing conservator or guardian, a copy of the
parent's proof of identification and a completed, signed form with
the following statement:
"I certify that I, _________ (insert parent's name), am the
parent of _________ (insert minor daughter's name) and have
consented to _________ (insert physician's name) performing an
abortion on ________ (insert minor daughter's name). I understand
that any person who intentionally, knowingly, recklessly, or with
criminal negligence makes a fraudulent statement in this regard
commits an offense punishable by law.
________ Signature of parent
________ Date of signature"; or
(B) from the minor's court-appointed managing
conservator or guardian who appears in person at the facility where
the abortion is to be performed a copy of the conservator's or
guardian's proof of identification and a completed, signed form
with the following statement:
"I certify that I, _________ (insert conservator's or
guardian's name), am the conservator or guardian of _________
(insert minor's name) and have consented to _________ (insert
physician's name) performing an abortion on ________ (insert
minor's name). I understand that any person who intentionally,
knowingly, recklessly, or with criminal negligence makes a
fraudulent statement in this regard commits an offense punishable
by law.
________ Signature of conservator or guardian
________ Date of signature.
(a-1) A person who is unable to produce satisfactory proof of
the identity, the relationship, or any other fact required under
Subsection (a)(18), or a pregnant female whose ability to obtain an
abortion is affected by Subsection (a)(18), may file a petition or
motion with any county court at law, court having probate
jurisdiction, or district court, including a family district court,
of the county in which the person resides or of the county in which
the abortion is to be performed. The judge of the court, after
conducting a hearing in accordance with the required procedures and
determining by a preponderance of the evidence the truth of the
requisite fact or facts, shall issue an order authorizing the
physician to perform the abortion.
(a-2) An order authorizing a physician to perform an
abortion issued as provided by Subsection (a-1) may not be
appealed. A person whose petition or motion submitted under
Subsection (a-1) is denied may appeal to the court of appeals having
jurisdiction over civil matters in the county in which the
application was filed.