| 1 | 1 | | 84R3521 SCL-F |
|---|
| 2 | 2 | | By: King of Parker, Bonnen of Galveston, H.B. No. 723 |
|---|
| 3 | 3 | | Burkett, Huberty, Flynn |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to the appointment of a guardian ad litem and attorney ad |
|---|
| 9 | 9 | | litem for a minor in an application for a court order authorizing |
|---|
| 10 | 10 | | the minor to consent to an abortion. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Sections 33.003(e) and (i), Family Code, are |
|---|
| 13 | 13 | | amended to read as follows: |
|---|
| 14 | 14 | | (e) The court shall appoint a guardian ad litem for the |
|---|
| 15 | 15 | | minor. If the minor has not retained an attorney, the court shall |
|---|
| 16 | 16 | | appoint an attorney to represent the minor. The [If the guardian ad |
|---|
| 17 | 17 | | litem is an attorney admitted to the practice of law in this state, |
|---|
| 18 | 18 | | the] court may not appoint the guardian ad litem to serve as the |
|---|
| 19 | 19 | | minor's attorney. The court may not appoint the minor's attorney to |
|---|
| 20 | 20 | | be the guardian ad litem for the minor. |
|---|
| 21 | 21 | | (i) The court shall determine by a preponderance of the |
|---|
| 22 | 22 | | evidence whether the minor is mature and sufficiently well informed |
|---|
| 23 | 23 | | to make the decision to have an abortion performed without |
|---|
| 24 | 24 | | notification to either of her parents or a managing conservator or |
|---|
| 25 | 25 | | guardian, whether notification would not be in the best interest of |
|---|
| 26 | 26 | | the minor, and [or] whether notification may lead to physical, |
|---|
| 27 | 27 | | sexual, or emotional abuse of the minor. If the court finds that |
|---|
| 28 | 28 | | the minor is mature and sufficiently well informed, that |
|---|
| 29 | 29 | | notification would not be in the minor's best interest, and [or] |
|---|
| 30 | 30 | | that notification may lead to physical, sexual, or emotional abuse |
|---|
| 31 | 31 | | of the minor, the court shall enter an order authorizing the minor |
|---|
| 32 | 32 | | to consent to the performance of the abortion without notification |
|---|
| 33 | 33 | | to either of her parents or a managing conservator or guardian and |
|---|
| 34 | 34 | | shall execute the required forms. |
|---|
| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 36 | 36 | | to an application for a court order authorizing a minor to consent |
|---|
| 37 | 37 | | to an abortion filed under Section 33.003, Family Code, as amended |
|---|
| 38 | 38 | | by this Act, on or after the effective date of this Act. An |
|---|
| 39 | 39 | | application filed before the effective date of this Act is governed |
|---|
| 40 | 40 | | by the law as it existed at the time the application was filed, and |
|---|
| 41 | 41 | | that law is continued in effect for that purpose. |
|---|
| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|