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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a guardian ad litem and attorney ad |
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litem for a minor in an application for a court order authorizing |
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the minor to consent to an abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 33.003(e) and (i), Family Code, are |
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amended to read as follows: |
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(e) The court shall appoint a guardian ad litem for the |
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minor. If the minor has not retained an attorney, the court shall |
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appoint an attorney to represent the minor. The [If the guardian ad
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litem is an attorney admitted to the practice of law in this state,
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the] court may not appoint the guardian ad litem to serve as the |
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minor's attorney. The court may not appoint the minor's attorney to |
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be the guardian ad litem for the minor. |
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(i) The court shall determine by a preponderance of the |
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evidence whether the minor is mature and sufficiently well informed |
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to make the decision to have an abortion performed without |
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notification to either of her parents or a managing conservator or |
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guardian, whether notification would not be in the best interest of |
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the minor, and [or] whether notification may lead to physical, |
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sexual, or emotional abuse of the minor. If the court finds that |
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the minor is mature and sufficiently well informed, that |
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notification would not be in the minor's best interest, and [or] |
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that notification may lead to physical, sexual, or emotional abuse |
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of the minor, the court shall enter an order authorizing the minor |
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to consent to the performance of the abortion without notification |
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to either of her parents or a managing conservator or guardian and |
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shall execute the required forms. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a court order authorizing a minor to consent |
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to an abortion filed under Section 33.003, Family Code, as amended |
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by this Act, on or after the effective date of this Act. An |
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application filed before the effective date of this Act is governed |
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by the law in effect at the time the application was filed, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |