By: Krause H.B. No. 18
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of abortion procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 33.003(a), (b), (c), (e), (f), (h), and
(j), Family Code, are amended to read as follows:
(a) A pregnant minor [who wishes to have an abortion without
notification to one of 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 the
consent of or notification to either of her parents or a managing
conservator or guardian.
(b) If the minor resides in a county with a population of
less than 50,000, the [The] application must [may] be filed in a
[any] county court at law, court having probate jurisdiction, or
district court, including a family district court, in the county in
which the minor resides or an adjacent county [this state]. If the
minor resides in a county with a population of 50,000 or more, the
application must be filed in a county court at law, court having
probate jurisdiction, or district court, including a family
district court, in the county in which the minor resides.
(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 or consent of 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; and
(5) a statement about the minor's current residence,
including the minor's physical address, mailing address, and
telephone number.
(e) The court shall appoint a guardian ad litem for 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 ad litem.
(f) The court may appoint to serve as guardian ad litem:
(1) a person who may consent to treatment for the minor
under Sections 32.001(a)(1)-(3); or
(2) [a psychiatrist or an individual licensed or
certified as a psychologist under Chapter 501, Occupations Code;
[(3)] an appropriate employee of the Department of
Family and Protective Services[;
[(4) a member of the clergy; or
[(5) another appropriate person selected by the
court].
(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 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
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 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.
(j) If the court finds that the minor does not meet the
requirements of Subsection (i), the court may not authorize the
minor to consent to an abortion without the consent required under
Section 164.052(a)(19), Occupations Code [notification authorized
under Section 33.002(a)(1)].
SECTION 2. Sections 33.004(b) and (f), Family Code, are
amended 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. 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.
(f) An expedited confidential appeal shall be available to
any pregnant minor to whom a court of appeals denies an order
authorizing the minor to consent to the performance of an abortion
without the consent of or notification to either of her parents or a
managing conservator or guardian.
SECTION 3. 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) If a minor claims to have been
[A physician who has reason to believe that a minor has been or may
be] physically or sexually abused by a parent or the managing
conservator or guardian of the minor, the physician or physician's
agent [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 and the name of the abuser to
the Department of Family and Protective Services and to a local law
enforcement agency and shall refer the minor to the department for
services or intervention that may be in the best interest of the
minor. The local law enforcement agency has a duty to respond and
shall write a report within 12 hours of being notified of the
alleged abuse. A report shall be made regardless of whether the
responder knows or suspects that a report about the abuse may have
previously been made.
(b) The appropriate local law enforcement agency and the
Department of Family and Protective Services shall investigate
suspected abuse reported under this section and, if warranted
[appropriate], shall refer the case to the appropriate prosecuting
authority [assist the minor in making an application with a court
under Section 33.003].
(c) When the local law enforcement agency responds to the
report of physical or sexual abuse as required under Subsection
(b), a law enforcement officer or appropriate agent from the
Department of Family and Protective Services may take emergency
possession of the minor without a court order to protect the health
and safety of the minor as described in Chapter 262.
SECTION 4. If any court enjoins, suspends, or delays the
implementation of the changes in law made by this Act to Chapter 33,
Family Code, the former law, as the law existed immediately before
the effective date of this Act, becomes or remains in effect and
continues in effect. At the time a temporary or permanent
restraining order or injunction described by this section is stayed
or dissolved, or otherwise ceases to have effect, the changes in law
made by this Act become immediately effective.
SECTION 5. If any provision of this Act or its application
to any person or circumstance is finally held to be
unconstitutional, the entire Act is invalid, and to this end the
provisions of this Act are declared to be nonseverable.
SECTION 6. This Act takes effect January 1, 2014.