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A BILL TO BE ENTITLED
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AN ACT
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relating to appointment of an attorney ad litem to represent an |
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unborn child during a judicial bypass proceeding for an abortion |
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for a pregnant minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001, Family Code, is amended by |
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adding Subdivision (4-a) to read as follows: |
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(4-a) "Unborn child" has the meaning assigned by |
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Section 171.061, Health and Safety Code. |
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SECTION 2. Section 33.003, Family Code, is amended by |
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adding Subsections (f-1) and (f-2) and amending Subsection (l) to |
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read as follows: |
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(f-1) The court may appoint an attorney ad litem to |
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represent an unborn child during a proceeding under this section. |
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(f-2) The attorney general shall develop and maintain a |
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registry listing the identity of and contact information for |
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qualified attorneys in this state that have voluntarily notified |
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the attorney general of their willingness to serve, or have been |
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asked by the attorney general and have consented to serve, as |
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attorneys ad litem for an unborn child in proceedings under this |
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section. |
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(l) An order of the court issued under this section is |
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confidential and privileged and is not subject to disclosure under |
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Chapter 552, Government Code, or discovery, subpoena, or other |
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legal process. The order may not be released to any person but the |
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pregnant minor, the pregnant minor's guardian ad litem, the unborn |
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child's attorney ad litem, the pregnant minor's attorney, the |
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physician who is to perform the abortion, another person designated |
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to receive the order by the minor, or a governmental agency or |
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attorney in a criminal or administrative action seeking to assert |
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or protect the interest of the minor. The supreme court may adopt |
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rules to permit confidential docketing of an application under this |
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section. |
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SECTION 3. Section 33.004(c), Family Code, is amended to |
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read as follows: |
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(c) A ruling of the court of appeals issued under this |
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section is confidential and privileged and is not subject to |
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disclosure under Chapter 552, Government Code, or discovery, |
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subpoena, or other legal process. The ruling may not be released to |
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any person but the pregnant minor, the pregnant minor's guardian ad |
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litem, the unborn child's attorney ad litem, the pregnant minor's |
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attorney, another person designated to receive the ruling by the |
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minor, or a governmental agency or attorney in a criminal or |
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administrative action seeking to assert or protect the interest of |
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the minor. The supreme court may adopt rules to permit confidential |
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docketing of an appeal under this section. |
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SECTION 4. Section 33.006, Family Code, is amended to read |
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as follows: |
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Sec. 33.006. GUARDIAN AD LITEM OR CERTAIN ATTORNEYS AD |
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LITEM IMMUNITY. A guardian ad litem appointed under this chapter or |
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attorney ad litem for an unborn child who is [and] acting in the |
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course and scope of the appointment is not liable for damages |
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arising from an act or omission of the guardian or attorney ad litem |
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committed in good faith. The immunity granted by this section does |
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not apply if the conduct of the guardian or attorney ad litem is |
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committed in a manner described by Sections 107.009(b)(1)-(3) |
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[107.003(b)(1)-(4)]. |
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SECTION 5. Section 33.007(a), Family Code, is amended to |
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read as follows: |
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(a) A court acting under Section 33.003 or 33.004 may issue |
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an order requiring the state to pay: |
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(1) the cost of any attorney ad litem and any guardian |
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ad litem appointed for the minor; |
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(2) notwithstanding Sections 33.003(n) and 33.004(e), |
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the costs of court associated with the application or appeal; [and] |
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(3) any court reporter's fees incurred; and |
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(4) the cost of any attorney ad litem appointed for an |
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unborn child. |
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SECTION 6. This Act takes effect September 1, 2019. |