Bill Text: TX HB1942 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to judicial authority to issue orders allowing minors to consent to abortions and disclosure of that authority.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-04-29 - Withdrawn from schedule [HB1942 Detail]

Download: Texas-2015-HB1942-Introduced.html
  84R7758 SCL-D
 
  By: Simmons H.B. No. 1942
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to judicial authority to issue orders allowing minors to
  consent to abortions and disclosure of that authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.003, Family Code, is amended by
  adding Subsections (b-1) and (l-1) and amending Subsection (l) to
  read as follows:
         (b-1)  Only a judge elected or appointed to the court in
  which an application is filed under this section may hear and rule
  on the application.
         (l)  Except as provided by Subsection (l-1), an [An] order of
  the court issued under this section is confidential and privileged
  and is not subject to disclosure under Chapter 552, Government
  Code, or discovery, subpoena, or other legal process. The order may
  not be released to any person but the pregnant minor, the pregnant
  minor's guardian ad litem, the pregnant minor's attorney, another
  person designated to receive the order by the minor, or a
  governmental agency or attorney in a criminal or administrative
  action seeking to assert or protect the interest of the minor. The
  supreme court may adopt rules to permit confidential docketing of
  an application under this section.
         (l-1)  The name of a judge who grants an application
  authorizing a minor to consent to the performance of an abortion,
  including an application that is deemed granted because of the
  judge's failure to rule on the application, and the number of
  applications granted under this section, including the number
  deemed granted, are subject to disclosure under Chapter 552,
  Government Code. This section does not affect the confidentiality
  and privileged status of the pregnant minor's information.
         SECTION 2.  Section 33.004, Family Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (c-1) 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. Only judges elected or appointed to the court in which
  the appeal is filed may hear and rule on the appeal. 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 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.
         (c)  Except as provided by Subsection (c-1), a [A] ruling of
  the court of appeals issued under this section is confidential and
  privileged and is not subject to disclosure under Chapter 552,
  Government Code, or discovery, subpoena, or other legal process.
  The ruling may not be released to any person but the pregnant minor,
  the pregnant minor's guardian ad litem, the pregnant minor's
  attorney, another person designated to receive the ruling by the
  minor, or a governmental agency or attorney in a criminal or
  administrative action seeking to assert or protect the interest of
  the minor. The supreme court may adopt rules to permit confidential
  docketing of an appeal under this section.
         (c-1)  The name of each judge of the court of appeals who
  grants an appeal authorizing a minor to consent to the performance
  of an abortion, including an appeal that is deemed granted because
  the court failed to rule on the appeal, and the number of appeals
  granted under this section, including the number deemed granted,
  are subject to disclosure under Chapter 552, Government Code. This
  section does not affect the confidentiality and privileged status
  of the pregnant minor's information.
         SECTION 3.  The changes in law made by this Act apply only to
  an application for judicial approval filed under Chapter 33, Family
  Code, as amended by this Act, on or after the effective date of this
  Act. An application filed before the effective date of this Act is
  governed by the law in effect on the date the application was filed,
  and that law is continued in effect for that purpose.
         SECTION 4.  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, 2015.
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