Texas 2019 - 86th Regular

Texas House Bill HB3605 Compare Versions

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1-86R22453 SCL-F
2- By: Sanford, et al. H.B. No. 3605
3- Substitute the following for H.B. No. 3605:
4- By: White C.S.H.B. No. 3605
1+86R12600 SCL-F
2+ By: Sanford H.B. No. 3605
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to appointment of an attorney ad litem or guardian ad litem
10- to represent an unborn child during a judicial bypass proceeding
11- for an abortion for a pregnant minor.
7+ relating to appointment of an attorney ad litem to represent an
8+ unborn child during a judicial bypass proceeding for an abortion
9+ for a pregnant minor.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1311 SECTION 1. Section 33.001, Family Code, is amended by
1412 adding Subdivision (4-a) to read as follows:
1513 (4-a) "Unborn child" has the meaning assigned by
1614 Section 171.061, Health and Safety Code.
1715 SECTION 2. Section 33.003, Family Code, is amended by
1816 adding Subsections (f-1) and (f-2) and amending Subsection (l) to
1917 read as follows:
20- (f-1) The court may appoint an attorney ad litem or guardian
21- ad litem to represent an unborn child during a proceeding under this
22- section.
18+ (f-1) The court may appoint an attorney ad litem to
19+ represent an unborn child during a proceeding under this section.
2320 (f-2) The attorney general shall develop and maintain a
2421 registry listing the identity of and contact information for
25- attorneys qualified to serve as attorneys ad litem and other
26- individuals qualified to serve as guardians ad litem in this state
27- that have voluntarily notified the attorney general of their
28- willingness to serve, or have been asked by the attorney general and
29- have consented to serve, as attorneys ad litem or guardians ad
30- litem, as applicable, for an unborn child in proceedings under this
22+ qualified attorneys in this state that have voluntarily notified
23+ the attorney general of their willingness to serve, or have been
24+ asked by the attorney general and have consented to serve, as
25+ attorneys ad litem for an unborn child in proceedings under this
3126 section.
3227 (l) An order of the court issued under this section is
3328 confidential and privileged and is not subject to disclosure under
3429 Chapter 552, Government Code, or discovery, subpoena, or other
3530 legal process. The order may not be released to any person but the
3631 pregnant minor, the pregnant minor's guardian ad litem, the unborn
37- child's attorney ad litem or guardian ad litem, the pregnant minor's
38- attorney, the physician who is to perform the abortion, another
39- person designated to receive the order by the minor, or a
40- governmental agency or attorney in a criminal or administrative
41- action seeking to assert or protect the interest of the minor. The
42- supreme court may adopt rules to permit confidential docketing of
43- an application under this section.
32+ child's attorney ad litem, the pregnant minor's attorney, the
33+ physician who is to perform the abortion, another person designated
34+ to receive the order by the minor, or a governmental agency or
35+ attorney in a criminal or administrative action seeking to assert
36+ or protect the interest of the minor. The supreme court may adopt
37+ rules to permit confidential docketing of an application under this
38+ section.
4439 SECTION 3. Section 33.004(c), Family Code, is amended to
4540 read as follows:
4641 (c) A ruling of the court of appeals issued under this
4742 section is confidential and privileged and is not subject to
4843 disclosure under Chapter 552, Government Code, or discovery,
4944 subpoena, or other legal process. The ruling may not be released to
5045 any person but the pregnant minor, the pregnant minor's guardian ad
51- litem, the unborn child's attorney ad litem or guardian ad litem,
52- the pregnant minor's attorney, another person designated to receive
53- the ruling by the minor, or a governmental agency or attorney in a
54- criminal or administrative action seeking to assert or protect the
55- interest of the minor. The supreme court may adopt rules to permit
56- confidential docketing of an appeal under this section.
46+ litem, the unborn child's attorney ad litem, the pregnant minor's
47+ attorney, another person designated to receive the ruling by the
48+ minor, or a governmental agency or attorney in a criminal or
49+ administrative action seeking to assert or protect the interest of
50+ the minor. The supreme court may adopt rules to permit confidential
51+ docketing of an appeal under this section.
5752 SECTION 4. Section 33.006, Family Code, is amended to read
5853 as follows:
5954 Sec. 33.006. GUARDIAN AD LITEM OR CERTAIN ATTORNEYS AD
60- LITEM IMMUNITY. A guardian ad litem appointed for a pregnant minor
61- under this chapter or attorney ad litem or guardian ad litem
62- appointed for an unborn child who is [and] acting in the course and
63- scope of the appointment is not liable for damages arising from an
64- act or omission of the guardian or attorney ad litem committed in
65- good faith. The immunity granted by this section does not apply if
66- the conduct of the guardian or attorney ad litem is committed in a
67- manner described by Sections 107.009(b)(1)-(3)
55+ LITEM IMMUNITY. A guardian ad litem appointed under this chapter or
56+ attorney ad litem for an unborn child who is [and] acting in the
57+ course and scope of the appointment is not liable for damages
58+ arising from an act or omission of the guardian or attorney ad litem
59+ committed in good faith. The immunity granted by this section does
60+ not apply if the conduct of the guardian or attorney ad litem is
61+ committed in a manner described by Sections 107.009(b)(1)-(3)
6862 [107.003(b)(1)-(4)].
6963 SECTION 5. Section 33.007(a), Family Code, is amended to
7064 read as follows:
7165 (a) A court acting under Section 33.003 or 33.004 may issue
7266 an order requiring the state to pay:
7367 (1) the cost of any attorney ad litem and any guardian
7468 ad litem appointed for the minor;
7569 (2) notwithstanding Sections 33.003(n) and 33.004(e),
7670 the costs of court associated with the application or appeal; [and]
7771 (3) any court reporter's fees incurred; and
78- (4) the cost of any attorney ad litem or guardian ad
79- litem appointed for an unborn child.
72+ (4) the cost of any attorney ad litem appointed for an
73+ unborn child.
8074 SECTION 6. This Act takes effect September 1, 2019.