Texas 2015 - 84th Regular

Texas House Bill HB1942 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7758 SCL-D
2	2	By: Simmons H.B. No. 1942
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to judicial authority to issue orders allowing minors to
8	8	consent to abortions and disclosure of that authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.003, Family Code, is amended by
11	11	adding Subsections (b-1) and (l-1) and amending Subsection (l) to
12	12	read as follows:
13	13	(b-1) Only a judge elected or appointed to the court in
14	14	which an application is filed under this section may hear and rule
15	15	on the application.
16	16	(l) Except as provided by Subsection (l-1), an [An] order of
17	17	the court issued under this section is confidential and privileged
18	18	and is not subject to disclosure under Chapter 552, Government
19	19	Code, or discovery, subpoena, or other legal process. The order may
20	20	not be released to any person but the pregnant minor, the pregnant
21	21	minor's guardian ad litem, the pregnant minor's attorney, another
22	22	person designated to receive the order by the minor, or a
23	23	governmental agency or attorney in a criminal or administrative
24	24	action seeking to assert or protect the interest of the minor. The
25	25	supreme court may adopt rules to permit confidential docketing of
26	26	an application under this section.
27	27	(l-1) The name of a judge who grants an application
28	28	authorizing a minor to consent to the performance of an abortion,
29	29	including an application that is deemed granted because of the
30	30	judge's failure to rule on the application, and the number of
31	31	applications granted under this section, including the number
32	32	deemed granted, are subject to disclosure under Chapter 552,
33	33	Government Code. This section does not affect the confidentiality
34	34	and privileged status of the pregnant minor's information.
35	35	SECTION 2. Section 33.004, Family Code, is amended by
36	36	amending Subsections (b) and (c) and adding Subsection (c-1) to
37	37	read as follows:
38	38	(b) The court of appeals shall rule on an appeal under this
39	39	section not later than 5 p.m. on the second business day after the
40	40	date the notice of appeal is filed with the court that denied the
41	41	application. Only judges elected or appointed to the court in which
42	42	the appeal is filed may hear and rule on the appeal. On request by
43	43	the minor, the court shall grant an extension of the period
44	44	specified by this subsection. If a request for an extension is
45	45	made, the court shall rule on the appeal not later than 5 p.m. on the
46	46	second business day after the date the minor states she is ready to
47	47	proceed. If the court of appeals fails to rule on the appeal within
48	48	the period specified by this subsection, the appeal is deemed to be
49	49	granted and the physician may perform the abortion as if the court
50	50	had issued an order authorizing the minor to consent to the
51	51	performance of the abortion without notification under Section
52	52	33.002. Proceedings under this section shall be given precedence
53	53	over other pending matters to the extent necessary to assure that
54	54	the court reaches a decision promptly.
55	55	(c) Except as provided by Subsection (c-1), a [A] ruling of
56	56	the court of appeals issued under this section is confidential and
57	57	privileged and is not subject to disclosure under Chapter 552,
58	58	Government Code, or discovery, subpoena, or other legal process.
59	59	The ruling may not be released to any person but the pregnant minor,
60	60	the pregnant minor's guardian ad litem, the pregnant minor's
61	61	attorney, another person designated to receive the ruling by the
62	62	minor, or a governmental agency or attorney in a criminal or
63	63	administrative action seeking to assert or protect the interest of
64	64	the minor. The supreme court may adopt rules to permit confidential
65	65	docketing of an appeal under this section.
66	66	(c-1) The name of each judge of the court of appeals who
67	67	grants an appeal authorizing a minor to consent to the performance
68	68	of an abortion, including an appeal that is deemed granted because
69	69	the court failed to rule on the appeal, and the number of appeals
70	70	granted under this section, including the number deemed granted,
71	71	are subject to disclosure under Chapter 552, Government Code. This
72	72	section does not affect the confidentiality and privileged status
73	73	of the pregnant minor's information.
74	74	SECTION 3. The changes in law made by this Act apply only to
75	75	an application for judicial approval filed under Chapter 33, Family
76	76	Code, as amended by this Act, on or after the effective date of this
77	77	Act. An application filed before the effective date of this Act is
78	78	governed by the law in effect on the date the application was filed,
79	79	and that law is continued in effect for that purpose.
80	80	SECTION 4. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2015.