Bill Text: TX HB66 | 2013 | 83rd Legislature 1st Special Session | Introduced

Bill Title: Relating to notice of and consent to an abortion for a minor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-17 - Referred to State Affairs [HB66 Detail]

Download: Texas-2013-HB66-Introduced.html
  83S10418 SCL-D
 
  By: Carter H.B. No. 66
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notice of and consent to an abortion for a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 33, Family Code, is
  amended to read as follows:
  CHAPTER 33. NOTICE OF AND CONSENT TO ABORTION
         SECTION 2.  Section 33.002(h), Family Code, is amended to
  read as follows:
         (h)  A physician shall presume that a pregnant woman is a
  minor unless the woman presents a valid government record of
  identification showing that she has reached the age of majority. It
  is a defense to prosecution under this section that the minor
  falsely represented her age or identity to the physician to be at
  least 18 years of age by displaying an apparently valid
  governmental record of identification such that a reasonable person
  under similar circumstances would have relied on the
  representation. The defense does not apply if the physician is
  shown to have had independent knowledge of the minor's actual age or
  identity or failed to use due diligence in determining the minor's
  age or identity. In this subsection, "defense" has the meaning and
  application assigned by Section 2.03, Penal Code.
         SECTION 3.  Chapter 33, Family Code, is amended by adding
  Section 33.0021 to read as follows:
         Sec. 33.0021.  CONSENT REQUIRED. A physician may not
  perform an abortion in violation of Section 164.052(a)(19),
  Occupations Code.
         SECTION 4.  Section 33.003, Family Code, is amended by
  amending Subsections (a), (b), (c), (e), (g), (h), (i), (j), and (k)
  and adding Subsections (g-1), (i-1), (i-2), (i-3), (l-1), and (l-2)
  to read as follows:
         (a)  A pregnant minor who wishes to have an abortion without
  notification to and consent [one] of a parent [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 notification to and consent of a parent,
  [either of her parents or a] managing conservator, or guardian.
         (b)  The application may be filed in any county court at law,
  court having probate jurisdiction, or district court, including a
  family district court, in the minor's county of residence or in a
  neighboring county if the minor's county of residence has a
  population of less than 10,000 or in the county in which the
  facility at which the minor intends to obtain an abortion is located
  [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 notification to or consent of a parent,
  [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.
         (e)  The court shall appoint a guardian ad litem for the
  minor who shall represent the best interest of the minor. If the
  minor has not retained an attorney, the court shall appoint an
  attorney to represent the minor. The [If the] guardian ad litem may
  not also [is an attorney admitted to the practice of law in this
  state, the court may appoint the guardian ad litem to] serve as the
  minor's attorney.
         (g)  The court shall fix a time for a hearing on an
  application filed under Subsection (a) and shall keep a record of
  all testimony and other oral proceedings in the action. [The court
  shall enter judgment on the application immediately after the
  hearing is concluded.]
         (g-1)  The pregnant minor must appear before the court in
  person and may not appear using videoconferencing, telephone
  conferencing, or other remote electronic means.
         (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 fifth [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 fifth [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 court clerk shall
  issue to the physician a certificate showing that the court failed
  to rule on the application. On receipt of the certificate, 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 notification under Section 33.002 and consent
  under Section 33.0021. 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, regardless of
  whether the minor is granted an extension under this subsection.
         (i)  The court shall determine by clear and convincing [a
  preponderance of the] evidence, as described by Section 101.007,
  whether the minor has overcome the presumption that notifying and
  requesting consent from a parent, managing conservator, or guardian
  is in the minor's best interest. In making a determination under
  this subsection, the court shall consider:
               (1)  whether the minor is mature and sufficiently well
  informed to make the decision to have an abortion performed without
  notification to or consent of a parent, [either of her parents or a]
  managing conservator, or guardian;
               (2)  [,] whether the abortion [notification] would
  [not] be in the best interest of the minor; and
               (3)  [, or] whether notification or the attempt to
  obtain consent may lead to physical, sexual, or emotional abuse of
  the minor, as described by Section 261.001.
         (i-1)  In determining whether the minor meets the
  requirements of Subsection (i)(1), the court shall consider the
  experience, perspective, and judgment of the minor. The court may
  consider all relevant factors, including:
               (1)  the minor's age;
               (2)  the minor's life experiences, such as working,
  traveling independently, or managing her own financial affairs;
               (3)  steps taken by the minor to explore her options and
  the consequences of those options; and
               (4)  the minor's decision not to notify and obtain
  consent from a parent, managing conservator, or guardian.
         (i-2)  In determining whether the abortion is in the best
  interest of the minor, the court may:
               (1)  inquire as to the minor's reasons for seeking an
  abortion;
               (2)  consider the degree to which the minor is informed
  about the state-published informational materials described by
  Chapter 171, Health and Safety Code; and
               (3)  require the minor to be evaluated by a licensed
  mental health counselor, who shall return the evaluation to the
  court for review within three business days.
         (i-3)  If the court finds that the minor is mature and
  sufficiently well informed, that the abortion [notification] would
  [not] be in the minor's best interest, or that notification or the
  attempt to obtain consent may lead to physical, sexual, or
  emotional abuse of the minor, the court shall enter an order
  authorizing the minor to consent to the performance of the abortion
  without notification to and consent of a parent, [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-3) [(i)], the court may not authorize
  the minor to consent to an abortion without the notification
  authorized under Section 33.002(a)(1) and consent under Section
  33.0021.
         (k)  The court may not notify a parent, managing conservator,
  or guardian that the minor is pregnant or that the minor wants to
  have an abortion. The court proceedings shall be conducted in a
  manner that protects the anonymity of the minor. The application
  and all other court documents pertaining to the proceedings are
  confidential and privileged and are not subject to disclosure under
  Chapter 552, Government Code, or to discovery, subpoena, or other
  legal process. The minor may file the application using a pseudonym
  or using only her initials. Confidential records pertaining to a
  minor under this subsection may be disclosed to the minor.
         (l-1)  The clerk of the court, at intervals prescribed by the
  Office of Court Administration of the Texas Judicial System, shall
  submit a report to the office that includes, for each case filed
  under this section:
               (1)  the case number and style;
               (2)  the applicant's county of residence;
               (3)  the court in which the proceeding occurred;
               (4)  the date of filing;
               (5)  the date of disposition; and
               (6)  the disposition of the case.
         (l-2)  The Office of Court Administration of the Texas
  Judicial System shall annually compile and publish a report
  aggregating the data received under Subsections (l-1)(2), (3), and
  (6). A report under this subsection must protect the anonymity of
  all minors that are the subject of the report.
         SECTION 5.  Section 33.004, Family Code, is amended by
  amending Subsection (b) 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 fifth [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 fifth [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 court
  clerk shall issue to the physician a certificate showing that the
  court failed to rule on the application. On receipt of the
  certificate, 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 notification under Section
  33.002 and consent under Section 33.0021. 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, regardless of whether the minor is granted an extension
  under this subsection.
         (c-1)  Notwithstanding Subsection (c), the court of appeals
  may publish an opinion relating to a ruling under this section if
  the opinion is written in a way to preserve the confidentiality of
  the identity of the pregnant minor.
         SECTION 6.  Chapter 33, Family Code, is amended by adding
  Section 33.0065 to read as follows:
         Sec. 33.0065.  RECORDS. The clerk of the court shall retain
  the records for each case before the court under this chapter in
  accordance with rules for civil cases and grant access to the
  records to the minor who is the subject of the proceeding.
         SECTION 7.  Section 33.007, Family Code, is amended to read
  as follows:
         Sec. 33.007.  COSTS NOT PAID BY STATE. [(a)] A court acting
  under Section 33.003 or 33.004 may not require [issue an order
  requiring] the state to pay any costs associated with the
  proceeding under this chapter, including:
               (1)  the cost of any attorney ad litem and any guardian
  ad litem appointed for the minor;
               (2)  [notwithstanding Sections 33.003(n) and
  33.004(e),] the costs of court associated with the application or
  appeal; or [and]
               (3)  any court reporter's fees incurred.
         [(b)     An order issued under Subsection (a) must be directed
  to the comptroller, who shall pay the amount ordered from funds
  appropriated to the Texas Department of Health.]
         SECTION 8.  Section 33.008, Family Code, is amended to read
  as follows:
         Sec. 33.008.  PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;
  INVESTIGATION [AND ASSISTANCE]. (a)  A physician who has reason to
  believe that a minor has been or may be physically or sexually
  abused [by a person responsible for the minor's care, custody, or
  welfare, as that term is defined by Section 261.001,] shall
  immediately report the suspected abuse to the Department of Family
  and Protective Services and shall refer the minor to the department
  for services or intervention that may be in the best interest of the
  minor. A minor's claim that she is being physically or sexually
  abused constitutes a reason to believe that abuse has occurred.
         (b)  A report made to the [The] Department of Family and
  Protective Services under Subsection (a) shall be investigated as
  provided by Chapter 261 [investigate suspected abuse reported under
  this section and, if appropriate, shall assist the minor in making
  an application with a court under Section 33.003].
         SECTION 9.  (a) Sections 33.003 and 33.004, Family Code, as
  amended by this Act, apply only to a petition filed on or after the
  effective date of this Act. A petition filed before the effective
  date of this Act is governed by the law in effect on the date the
  petition was filed, and the former law is continued in effect for
  that purpose.
         (b)  The Office of Court Administration of the Texas Judicial
  System is not required to publish the initial report under Section
  33.003(l-2), Family Code, as added by this Act, before June 1, 2015.
         SECTION 10.  Every provision in this Act and every
  application of the provisions in this Act are severable from each
  other. If any application of any provision in this Act to any
  person or group of persons or circumstances is found by a court to
  be invalid, the remainder of this Act and the application of the
  Act's provisions to all other persons and circumstances may not be
  affected. All constitutionally valid applications of this Act
  shall be severed from any applications that a court finds to be
  invalid, leaving the valid applications in force, because it is the
  legislature's intent and priority that the valid applications be
  allowed to stand alone. Even if a reviewing court finds a provision
  of this Act invalid in a large or substantial fraction of relevant
  cases, the remaining valid applications shall be severed and
  allowed to remain in force.
         SECTION 11.  This Act takes effect June 1, 2014.

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