Texas 2013 - 83rd Regular

Texas House Bill HB3302 Compare Versions

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Old	New	Differences
1	1	83R25475 AJZ-F
2	2	By: Krause, Creighton, Flynn, et al. H.B. No. 3302
3	3	Substitute the following for H.B. No. 3302:
4	4	By: Cook C.S.H.B. No. 3302
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of abortion procedures.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 33.003(a), (b), (c), (e), (f), (h), and
12	12	(j), Family Code, are amended to read as follows:
13	13	(a) A pregnant minor [who wishes to have an abortion without
14	14	notification to one of her parents, her managing conservator, or
15	15	her guardian] may file an application for a court order authorizing
16	16	the minor to consent to the performance of an abortion without the
17	17	consent of or notification to either of her parents or a managing
18	18	conservator or guardian.
19	19	(b) If the minor resides in a county with a population of
20	20	less than 50,000, the [The] application must [may] be filed in a
21	21	[any] county court at law, court having probate jurisdiction, or
22	22	district court, including a family district court, in the county in
23	23	which the minor resides or an adjacent county [this state]. If the
24	24	minor resides in a county with a population of 50,000 or more, the
25	25	application must be filed in a county court at law, court having
26	26	probate jurisdiction, or district court, including a family
27	27	district court, in the county in which the minor resides.
28	28	(c) The application must be made under oath and include:
29	29	(1) a statement that the minor is pregnant;
30	30	(2) a statement that the minor is unmarried, is under
31	31	18 years of age, and has not had her disabilities removed under
32	32	Chapter 31;
33	33	(3) a statement that the minor wishes to have an
34	34	abortion without the notification or consent of either of her
35	35	parents or a managing conservator or guardian; [and]
36	36	(4) a statement as to whether the minor has retained an
37	37	attorney and, if she has retained an attorney, the name, address,
38	38	and telephone number of her attorney; and
39	39	(5) a statement about the minor's current residence,
40	40	including the minor's physical address, mailing address, and
41	41	telephone number.
42	42	(e) The court shall appoint a guardian ad litem for the
43	43	minor. If the minor has not retained an attorney, the court shall
44	44	appoint an attorney to represent the minor. The [If the] guardian
45	45	ad litem may not also [is an attorney admitted to the practice of
46	46	law in this state, the court may appoint the guardian ad litem to]
47	47	serve as the minor's attorney ad litem.
48	48	(f) The court may appoint to serve as guardian ad litem:
49	49	(1) a person who may consent to treatment for the minor
50	50	under Sections 32.001(a)(1)-(3); or
51	51	(2) [a psychiatrist or an individual licensed or
52	52	certified as a psychologist under Chapter 501, Occupations Code;
53	53	[(3)] an appropriate employee of the Department of
54	54	Family and Protective Services[;
55	55	[(4) a member of the clergy; or
56	56	[(5) another appropriate person selected by the
57	57	court].
58	58	(h) The court shall rule on an application submitted under
59	59	this section and shall issue written findings of fact and
60	60	conclusions of law not later than 5 p.m. on the second business day
61	61	after the date the application is filed with the court. On request
62	62	by the minor, the court shall grant an extension of the period
63	63	specified by this subsection. If a request for an extension is
64	64	made, the court shall rule on an application and shall issue written
65	65	findings of fact and conclusions of law not later than 5 p.m. on the
66	66	second business day after the date the minor states she is ready to
67	67	proceed to hearing. [If the court fails to rule on the application
68	68	and issue written findings of fact and conclusions of law within the
69	69	period specified by this subsection, the application is deemed to
70	70	be granted and the physician may perform the abortion as if the
71	71	court had issued an order authorizing the minor to consent to the
72	72	performance of the abortion without notification under Section
73	73	33.002.] Proceedings under this section shall be given precedence
74	74	over other pending matters to the extent necessary to assure that
75	75	the court reaches a decision promptly.
76	76	(j) If the court finds that the minor does not meet the
77	77	requirements of Subsection (i), the court may not authorize the
78	78	minor to consent to an abortion without the consent required under
79	79	Section 164.052(a)(19), Occupations Code [notification authorized
80	80	under Section 33.002(a)(1)].
81	81	SECTION 2. Sections 33.004(b) and (f), Family Code, are
82	82	amended to read as follows:
83	83	(b) The court of appeals shall rule on an appeal under this
84	84	section not later than 5 p.m. on the second business day after the
85	85	date the notice of appeal is filed with the court that denied the
86	86	application. On request by the minor, the court shall grant an
87	87	extension of the period specified by this subsection. If a request
88	88	for an extension is made, the court shall rule on the appeal not
89	89	later than 5 p.m. on the second business day after the date the
90	90	minor states she is ready to proceed. [If the court of appeals
91	91	fails to rule on the appeal within the period specified by this
92	92	subsection, the appeal is deemed to be granted and the physician may
93	93	perform the abortion as if the court had issued an order authorizing
94	94	the minor to consent to the performance of the abortion without
95	95	notification under Section 33.002.] Proceedings under this section
96	96	shall be given precedence over other pending matters to the extent
97	97	necessary to assure that the court reaches a decision promptly.
98	98	(f) An expedited confidential appeal shall be available to
99	99	any pregnant minor to whom a court of appeals denies an order
100	100	authorizing the minor to consent to the performance of an abortion
101	101	without the consent of or notification to either of her parents or a
102	102	managing conservator or guardian.
103	103	SECTION 3. Section 33.008, Family Code, is amended to read
104	104	as follows:
105	105	Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;
106	106	INVESTIGATION AND ASSISTANCE. (a) If a minor claims to have been
107	107	[A physician who has reason to believe that a minor has been or may
108	108	be] physically or sexually abused by a parent or the managing
109	109	conservator or guardian of the minor, the physician or physician's
110	110	agent [person responsible for the minor's care, custody, or
111	111	welfare, as that term is defined by Section 261.001,] shall
112	112	immediately report the suspected abuse and the name of the abuser to
113	113	the Department of Family and Protective Services and to a local law
114	114	enforcement agency and shall refer the minor to the department for
115	115	services or intervention that may be in the best interest of the
116	116	minor. The local law enforcement agency has a duty to respond and
117	117	shall write a report within 12 hours of being notified of the
118	118	alleged abuse. A report shall be made regardless of whether the
119	119	responder knows or suspects that a report about the abuse may have
120	120	previously been made.
121	121	(b) The appropriate local law enforcement agency and the
122	122	Department of Family and Protective Services shall investigate
123	123	suspected abuse reported under this section and, if warranted
124	124	[appropriate], shall refer the case to the appropriate prosecuting
125	125	authority [assist the minor in making an application with a court
126	126	under Section 33.003].
127	127	(c) When the local law enforcement agency responds to the
128	128	report of physical or sexual abuse as required under Subsection
129	129	(b), a law enforcement officer or appropriate agent from the
130	130	Department of Family and Protective Services may take emergency
131	131	possession of the minor without a court order to protect the health
132	132	and safety of the minor as described in Chapter 262.
133	133	SECTION 4. If any court enjoins, suspends, or delays the
134	134	implementation of the changes in law made by this Act to Chapter 33,
135	135	Family Code, the former law, as the law existed immediately before
136	136	the effective date of this Act, becomes or remains in effect and
137	137	continues in effect. At the time a temporary or permanent
138	138	restraining order or injunction described by this section is stayed
139	139	or dissolved, or otherwise ceases to have effect, the changes in law
140	140	made by this Act become immediately effective.
141	141	SECTION 5. If any provision of this Act or its application
142	142	to any person or circumstance is finally held to be
143	143	unconstitutional, the entire Act is invalid, and to this end the
144	144	provisions of this Act are declared to be nonseverable.
145	145	SECTION 6. This Act takes effect January 1, 2014.