12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 11 | | SECTION 1. Section 33.001, Family Code, is amended by |
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14 | 12 | | adding Subdivision (4-a) to read as follows: |
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15 | 13 | | (4-a) "Unborn child" has the meaning assigned by |
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16 | 14 | | Section 171.061, Health and Safety Code. |
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17 | 15 | | SECTION 2. Section 33.003, Family Code, is amended by |
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18 | 16 | | adding Subsections (f-1) and (f-2) and amending Subsection (l) to |
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19 | 17 | | read as follows: |
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25 | | - | attorneys qualified to serve as attorneys ad litem and other |
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26 | | - | individuals qualified to serve as guardians ad litem in this state |
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27 | | - | that have voluntarily notified the attorney general of their |
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28 | | - | willingness to serve, or have been asked by the attorney general and |
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29 | | - | have consented to serve, as attorneys ad litem or guardians ad |
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30 | | - | litem, as applicable, for an unborn child in proceedings under this |
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| 22 | + | qualified attorneys in this state that have voluntarily notified |
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| 23 | + | the attorney general of their willingness to serve, or have been |
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| 24 | + | asked by the attorney general and have consented to serve, as |
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| 25 | + | attorneys ad litem for an unborn child in proceedings under this |
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37 | | - | child's attorney ad litem or guardian ad litem, the pregnant minor's |
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38 | | - | attorney, the physician who is to perform the abortion, another |
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39 | | - | person designated to receive the order by the minor, or a |
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40 | | - | governmental agency or attorney in a criminal or administrative |
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41 | | - | action seeking to assert or protect the interest of the minor. The |
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42 | | - | supreme court may adopt rules to permit confidential docketing of |
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43 | | - | an application under this section. |
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| 32 | + | child's attorney ad litem, the pregnant minor's attorney, the |
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| 33 | + | physician who is to perform the abortion, another person designated |
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| 34 | + | to receive the order by the minor, or a governmental agency or |
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| 35 | + | attorney in a criminal or administrative action seeking to assert |
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| 36 | + | or protect the interest of the minor. The supreme court may adopt |
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| 37 | + | rules to permit confidential docketing of an application under this |
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| 38 | + | section. |
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44 | 39 | | SECTION 3. Section 33.004(c), Family Code, is amended to |
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45 | 40 | | read as follows: |
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46 | 41 | | (c) A ruling of the court of appeals issued under this |
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47 | 42 | | section is confidential and privileged and is not subject to |
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48 | 43 | | disclosure under Chapter 552, Government Code, or discovery, |
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49 | 44 | | subpoena, or other legal process. The ruling may not be released to |
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50 | 45 | | any person but the pregnant minor, the pregnant minor's guardian ad |
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51 | | - | litem, the unborn child's attorney ad litem or guardian ad litem, |
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52 | | - | the pregnant minor's attorney, another person designated to receive |
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53 | | - | the ruling by the minor, or a governmental agency or attorney in a |
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54 | | - | criminal or administrative action seeking to assert or protect the |
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55 | | - | interest of the minor. The supreme court may adopt rules to permit |
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56 | | - | confidential docketing of an appeal under this section. |
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| 46 | + | litem, the unborn child's attorney ad litem, the pregnant minor's |
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| 47 | + | attorney, another person designated to receive the ruling by the |
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| 48 | + | minor, or a governmental agency or attorney in a criminal or |
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| 49 | + | administrative action seeking to assert or protect the interest of |
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| 50 | + | the minor. The supreme court may adopt rules to permit confidential |
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| 51 | + | docketing of an appeal under this section. |
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60 | | - | LITEM IMMUNITY. A guardian ad litem appointed for a pregnant minor |
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61 | | - | under this chapter or attorney ad litem or guardian ad litem |
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62 | | - | appointed for an unborn child who is [and] acting in the course and |
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63 | | - | scope of the appointment is not liable for damages arising from an |
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64 | | - | act or omission of the guardian or attorney ad litem committed in |
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65 | | - | good faith. The immunity granted by this section does not apply if |
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66 | | - | the conduct of the guardian or attorney ad litem is committed in a |
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67 | | - | manner described by Sections 107.009(b)(1)-(3) |
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| 55 | + | LITEM IMMUNITY. A guardian ad litem appointed under this chapter or |
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| 56 | + | attorney ad litem for an unborn child who is [and] acting in the |
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| 57 | + | course and scope of the appointment is not liable for damages |
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| 58 | + | arising from an act or omission of the guardian or attorney ad litem |
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| 59 | + | committed in good faith. The immunity granted by this section does |
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| 60 | + | not apply if the conduct of the guardian or attorney ad litem is |
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| 61 | + | committed in a manner described by Sections 107.009(b)(1)-(3) |
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68 | 62 | | [107.003(b)(1)-(4)]. |
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69 | 63 | | SECTION 5. Section 33.007(a), Family Code, is amended to |
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70 | 64 | | read as follows: |
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71 | 65 | | (a) A court acting under Section 33.003 or 33.004 may issue |
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72 | 66 | | an order requiring the state to pay: |
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73 | 67 | | (1) the cost of any attorney ad litem and any guardian |
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74 | 68 | | ad litem appointed for the minor; |
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75 | 69 | | (2) notwithstanding Sections 33.003(n) and 33.004(e), |
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76 | 70 | | the costs of court associated with the application or appeal; [and] |
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77 | 71 | | (3) any court reporter's fees incurred; and |
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