86R12600 SCL-F
By: Sanford H.B. No. 3605
A BILL TO BE ENTITLED
AN ACT
relating to appointment of an attorney ad litem to represent an
unborn child during a judicial bypass proceeding for an abortion
for a pregnant minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.001, Family Code, is amended by
adding Subdivision (4-a) to read as follows:
(4-a) "Unborn child" has the meaning assigned by
Section 171.061, Health and Safety Code.
SECTION 2. Section 33.003, Family Code, is amended by
adding Subsections (f-1) and (f-2) and amending Subsection (l) to
read as follows:
(f-1) The court may appoint an attorney ad litem to
represent an unborn child during a proceeding under this section.
(f-2) The attorney general shall develop and maintain a
registry listing the identity of and contact information for
qualified attorneys in this state that have voluntarily notified
the attorney general of their willingness to serve, or have been
asked by the attorney general and have consented to serve, as
attorneys ad litem for an unborn child in proceedings under this
section.
(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 unborn
child's attorney 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.
SECTION 3. Section 33.004(c), Family Code, is amended to
read as follows:
(c) 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 unborn child's attorney 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.
SECTION 4. Section 33.006, Family Code, is amended to read
as follows:
Sec. 33.006. GUARDIAN AD LITEM OR CERTAIN ATTORNEYS AD
LITEM IMMUNITY. A guardian ad litem appointed under this chapter or
attorney ad litem for an unborn child who is [and] acting in the
course and scope of the appointment is not liable for damages
arising from an act or omission of the guardian or attorney ad litem
committed in good faith. The immunity granted by this section does
not apply if the conduct of the guardian or attorney ad litem is
committed in a manner described by Sections 107.009(b)(1)-(3)
[107.003(b)(1)-(4)].
SECTION 5. Section 33.007(a), Family Code, is amended to
read as follows:
(a) A court acting under Section 33.003 or 33.004 may issue
an order requiring the state to pay:
(1) the cost of any attorney ad litem and any guardian
ad litem appointed for the minor;
(2) notwithstanding Sections 33.003(n) and 33.004(e),
the costs of court associated with the application or appeal; [and]
(3) any court reporter's fees incurred; and
(4) the cost of any attorney ad litem appointed for an
unborn child.
SECTION 6. This Act takes effect September 1, 2019.