H.B. No. 3994
AN ACT
relating to notice of and consent to an abortion for a minor and
associated requirements; amending provisions subject to a criminal
penalty.
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 33.001, Family Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Medical emergency" has the meaning assigned by
Section 171.002, Health and Safety Code.
SECTION 3. Section 33.002, Family Code, is amended by
amending Subsections (a), (e), (f), (h), and (i) and adding
Subsections (j), (k), and (l) to read as follows:
(a) A physician may not perform an abortion on a pregnant
unemancipated minor unless:
(1) the physician performing the abortion gives at
least 48 hours actual notice, in person or by telephone, of the
physician's intent to perform the abortion to:
(A) a parent of the minor, if the minor has no
managing conservator or guardian; or
(B) a court-appointed managing conservator or
guardian;
(2) the physician who is to perform the abortion
receives an order issued by a court under Section 33.003 or 33.004
[judge of a court having probate jurisdiction, the judge of a county
court at law, the judge of a district court, including a family
district court, or a court of appellate jurisdiction issues an
order] authorizing the minor to consent to the abortion as provided
by Section 33.003 or 33.004; or
(3) [a probate court, county court at law, district
court, including a family district court, or court of appeals, by
its inaction, constructively authorizes the minor to consent to the
abortion as provided by Section 33.003 or 33.004; or
[(4)] the physician who is to perform [performing] the
abortion:
(A) concludes that a medical emergency exists [on
the basis of the physician's good faith clinical judgment, a
condition exists that complicates the medical condition of the
pregnant minor and necessitates the immediate abortion of her
pregnancy to avert her death or to avoid a serious risk of
substantial and irreversible impairment of a major bodily
function]; [and]
(B) certifies in writing to the [Texas]
Department of State Health Services and in the patient's medical
record the medical indications supporting the physician's judgment
that a medical emergency exists; and
(C) provides the notice required by Section
33.0022 [the circumstances described by Paragraph (A) exist].
(e) The [Texas] Department of State Health Services shall
prepare a form to be used for making the certification required by
Subsection (a)(3)(B) [(a)(4)].
(f) A certification required by Subsection (a)(3)(B)
[(a)(4)] is confidential and privileged and is not subject to
disclosure under Chapter 552, Government Code, or to discovery,
subpoena, or other legal process. Personal or identifying
information about the minor, including her name, address, or social
security number, may not be included in a certification under
Subsection (a)(3)(B) [(a)(4)]. The physician must keep the medical
records on the minor in compliance with the rules adopted by the
Texas [State Board of] Medical Board [Examiners] under Section
153.003, Occupations Code.
(h) 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
proof of identity and age described by Subsection (k) [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.
(i) In relation to the trial of an offense under this
section in which the conduct charged involves a conclusion made by
the physician under Subsection (a)(3)(A) [(a)(4)], the defendant
may seek a hearing before the Texas [State Board of] Medical Board
[Examiners] on whether the physician's conduct was necessary
because of a medical emergency [to avert the death of the minor or
to avoid a serious risk of substantial and irreversible impairment
of a major bodily function]. The findings of the Texas [State Board
of] Medical Board [Examiners] under this subsection are admissible
on that issue in the trial of the defendant. Notwithstanding any
other reason for a continuance provided under the Code of Criminal
Procedure or other law, on motion of the defendant, the court shall
delay the beginning of the trial for not more than 30 days to permit
a hearing under this subsection to take place.
(j) A physician shall use due diligence to determine that
any woman on which the physician performs an abortion who claims to
have reached the age of majority or to have had the disabilities of
minority removed has, in fact, reached the age of majority or has
had the disabilities of minority removed.
(k) For the purposes of this section, "due diligence"
includes requesting proof of identity and age described by Section
2.005(b) or a copy of the court order removing disabilities of
minority.
(l) If proof of identity and age cannot be provided, the
physician shall provide information on how to obtain proof of
identity and age. If the woman is subsequently unable to obtain
proof of identity and age and the physician chooses to perform the
abortion, the physician shall document that proof of identity and
age was not obtained and report to the Department of State Health
Services that proof of identity and age was not obtained for the
woman on whom the abortion was performed. The department shall
report annually to the legislature regarding the number of
abortions performed without proof of identity and age.
SECTION 4. Chapter 33, Family Code, is amended by adding
Sections 33.0021 and 33.0022 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.
Sec. 33.0022. MEDICAL EMERGENCY NOTIFICATION; AFFIDAVIT
FOR MEDICAL RECORD. (a) If the physician who is to perform the
abortion concludes under Section 33.002(a)(3)(A) that a medical
emergency exists and that there is insufficient time to provide the
notice required by Section 33.002 or obtain the consent required by
Section 33.0021, the physician shall make a reasonable effort to
inform, in person or by telephone, the parent, managing
conservator, or guardian of the unemancipated minor within 24 hours
after the time a medical emergency abortion is performed on the
minor of:
(1) the performance of the abortion; and
(2) the basis for the physician's determination that a
medical emergency existed that required the performance of a
medical emergency abortion without fulfilling the requirements of
Section 33.002 or 33.0021.
(b) A physician who performs an abortion as described by
Subsection (a), not later than 48 hours after the abortion is
performed, shall send a written notice that a medical emergency
occurred and the ability of the parent, managing conservator, or
guardian to contact the physician for more information and medical
records, to the last known address of the parent, managing
conservator, or guardian by certified mail, restricted delivery,
return receipt requested. The physician may rely on last known
address information if a reasonable and prudent person, under
similar circumstances, would rely on the information as sufficient
evidence that the parent, managing conservator, or guardian resides
at that address. The physician shall keep in the minor's medical
record:
(1) the return receipt from the written notice; or
(2) if the notice was returned as undeliverable, the
notice.
(c) A physician who performs an abortion on an unemancipated
minor during a medical emergency as described by Subsection (a)
shall execute for inclusion in the medical record of the minor an
affidavit that explains the specific medical emergency that
necessitated the immediate abortion.
SECTION 5. Section 33.003, Family Code, is amended by
amending Subsections (a), (b), (c), (e), (g), (h), (i), (j), (k),
and (l) and adding Subsections (g-1), (i-1), (i-2), (i-3), (l-1),
(l-2), (o), (p), (q), and (r) 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
notification to and consent [either] of [her parents or] a parent,
managing conservator, or guardian.
(b) The application must [may] be filed in:
(1) a [any] county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the minor's county of residence;
(2) if the minor's parent, managing conservator, or
guardian is a presiding judge of a court described by Subdivision
(1):
(A) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in a contiguous county; or
(B) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the county where the minor intends to obtain the abortion;
(3) if the minor's county of residence has a population
of less than 10,000:
(A) a court described by Subdivision (1);
(B) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in a contiguous county; or
(C) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the county in which the facility at which the minor intends to
obtain the abortion is located; or
(4) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the county in which the facility at which the minor intends to
obtain the abortion is located, if the minor is not a resident of
this state.
(c) The application must:
(1) be made under oath;
(2) [and] include:
(A) [(1)] a statement that the minor is pregnant;
(B) [(2)] a statement that the minor is
unmarried, is under 18 years of age, and has not had her
disabilities removed under Chapter 31;
(C) [(3)] a statement that the minor wishes to
have an abortion without the notification to and consent of [either
of her parents or] a parent, managing conservator, or guardian;
[and]
(D) [(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
(E) a statement about the minor's current
residence, including the minor's physical address, mailing
address, and telephone number; and
(3) be accompanied by the sworn statement of the
minor's attorney under Subsection (r), if the minor has retained an
attorney to assist the minor with filing the application under this
section.
(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 ad litem.
(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 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,
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:
(1) 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; or
(2) the [, whether] notification and attempt to obtain
consent would not be in the best interest of the minor[, or whether
notification may lead to physical, sexual, or emotional abuse of
the minor].
(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:
(1) consider all relevant factors, including:
(A) the minor's age;
(B) the minor's life experiences, such as
working, traveling independently, or managing her own financial
affairs; and
(C) steps taken by the minor to explore her
options and the consequences of those options;
(2) inquire as to the minor's reasons for seeking an
abortion;
(3) consider the degree to which the minor is informed
about the state-published informational materials described by
Chapter 171, Health and Safety Code; and
(4) 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-2) In determining whether the notification and the
attempt to obtain consent would not be in the best interest of the
minor, the court may inquire as to:
(1) the minor's reasons for not wanting to notify and
obtain consent from a parent, managing conservator, or guardian;
(2) whether notification or the attempt to obtain
consent may lead to physical or sexual abuse;
(3) whether the pregnancy was the result of sexual
abuse by a parent, managing conservator, or guardian; and
(4) any history of physical or sexual abuse from a
parent, managing conservator, or guardian.
(i-3) The [If the court finds that the minor is mature and
sufficiently well informed, that notification would not be in the
minor's best interest, or that notification 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 [either] of [her
parents or] a parent, managing conservator, or guardian and shall
execute the required forms if the court finds by clear and
convincing evidence, as defined by Section 101.007, that:
(1) 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, managing conservator, or
guardian; or
(2) the notification and attempt to obtain consent
would not be in the best interest of the minor.
(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 confidentiality of the identity
[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.
Confidential records pertaining to a minor under this subsection
may be disclosed to the minor [The minor may file the application
using a pseudonym or using only her initials].
(l) 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, the physician who is to perform the
abortion, 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 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 of appeals district 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)(3) and (6).
A report submitted under Subsection (l-1) is confidential and
privileged and is not subject to disclosure under Chapter 552,
Government Code, or to discovery, subpoena, or other legal process.
A report under this subsection must protect the confidentiality of:
(1) the identity of all minors and judges who are the
subject of the report; and
(2) the information described by Subsection (l-1)(1).
(o) A minor who has filed an application under this section
may not withdraw or otherwise non-suit her application without the
permission of the court.
(p) Except as otherwise provided by Subsection (q), a minor
who has filed an application and has obtained a determination by the
court as described by Subsection (i) may not initiate a new
application proceeding and the prior proceeding is res judicata of
the issue relating to the determination of whether the minor may or
may not be authorized to consent to the performance of an abortion
without notification to and consent of a parent, managing
conservator, or guardian.
(q) A minor whose application is denied may subsequently
submit an application to the court that denied the application if
the minor shows that there has been a material change in
circumstances since the time the court denied the application.
(r) An attorney retained by the minor to assist her in
filing an application under this section shall fully inform himself
or herself of the minor's prior application history, including the
representations made by the minor in the application regarding her
address, proper venue in the county in which the application is
filed, and whether a prior application has been filed and
initiated. If an attorney assists the minor in the application
process in any way, with or without payment, the attorney
representing the minor must attest to the truth of the minor's
claims regarding the venue and prior applications in a sworn
statement.
SECTION 6. Section 33.004, Family Code, is amended by
amending Subsections (b) and (f) 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
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, 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.
(f) An expedited confidential appeal shall be available to
any pregnant minor to whom a court of appeals denies an application
to authorize [order authorizing] the minor to consent to the
performance of an abortion without notification to or consent of
[either of her parents or] a parent, managing conservator, or
guardian.
SECTION 7. 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 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) If a minor claims to have been
physically or sexually abused or a [A] physician or physician's
agent [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], the physician or physician's agent 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 shall respond and shall
write a report within 24 hours of being notified of the alleged
abuse. A report shall be made regardless of whether the local law
enforcement agency 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 by Subsection (a), 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 by Chapter 262.
SECTION 9. Chapter 33, Family Code, is amended by adding
Section 33.0085 to read as follows:
Sec. 33.0085. DUTY OF JUDGE OR JUSTICE TO REPORT ABUSE OF
MINOR. (a) Notwithstanding any other law, a judge or justice who,
as a result of court proceedings conducted under Section 33.003 or
33.004, has reason to believe that a minor has been or may be
physically or sexually abused shall:
(1) 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
(2) refer the minor to the department for services or
intervention that may be in the best interest of the minor.
(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,
shall refer the case to the appropriate prosecuting authority.
SECTION 10. Section 33.010, Family Code, is amended to read
as follows:
Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other
law, information obtained by the Department of Family and
Protective Services or another entity under Section 33.008,
33.0085, or 33.009 is confidential except to the extent necessary
to prove a violation of Section 21.02, 22.011, 22.021, or 25.02,
Penal Code.
SECTION 11. Chapter 33, Family Code, is amended by adding
Sections 33.012, 33.013, and 33.014 to read as follows:
Sec. 33.012. CIVIL PENALTY. (a) A person who is found to
have intentionally, knowingly, recklessly, or with gross
negligence violated this chapter is liable to this state for a civil
penalty of not less than $2,500 and not more than $10,000.
(b) Each performance or attempted performance of an
abortion in violation of this chapter is a separate violation.
(c) A civil penalty may not be assessed against:
(1) a minor on whom an abortion is performed or
attempted; or
(2) a judge or justice hearing a court proceeding
conducted under Section 33.003 or 33.004.
(d) It is not a defense to an action brought under this
section that the minor gave informed and voluntary consent.
(e) The attorney general shall bring an action to collect a
penalty under this section.
Sec. 33.013. CAPACITY TO CONSENT. An unemancipated minor
does not have the capacity to consent to any action that violates
this chapter.
Sec. 33.014. ATTORNEY GENERAL TO ENFORCE. The attorney
general shall enforce this chapter.
SECTION 12.
Section 245.006(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall inspect an abortion facility at
random, unannounced, and reasonable times as necessary to ensure
compliance with this chapter, [and] Subchapter B, Chapter 171, and
Chapter 33, Family Code.
SECTION 13. Section 164.052(a), Occupations Code, is
amended to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written consent of the child's parent, managing
conservator, or legal guardian or without a court order, as
provided by Section 33.003 or 33.004, Family Code, unless the
abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20) otherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code [,
authorizing the minor to consent to the abortion, unless the
physician concludes that on the basis of the physician's good faith
clinical judgment, a condition exists that complicates the medical
condition of the pregnant minor and necessitates the immediate
abortion of her pregnancy to avert her death or to avoid a serious
risk of substantial impairment of a major bodily function and that
there is insufficient time to obtain the consent of the child's
parent, managing conservator, or legal guardian]; or
(21) [(20)] performs or induces or attempts to perform
or induce an abortion in violation of Subchapter C, Chapter 171,
Health and Safety Code.
SECTION 14. (a) Section 33.002, Family Code, as amended by
this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
(b) Sections 33.003 and 33.004, Family Code, as amended by
this Act, apply only to an application filed 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 the former law is continued in
effect for that purpose.
(c) 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 January 1,
2017.
SECTION 15. Section 33.012, Family Code, as added by this
Act, applies only to a cause of action that accrues on or after the
effective date of this Act. A cause of action that accrues before
the effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 16. 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 17. This Act takes effect January 1, 2016.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3994 was passed by the House on May
14, 2015, by the following vote: Yeas 93, Nays 46, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3994 on May 29, 2015, by the following vote: Yeas 102, Nays 43,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3994 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 21, Nays
10.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor