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.