| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to appointment of an attorney ad litem or guardian ad litem |
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| 8 | 8 | | to represent an unborn child during a court proceeding authorizing |
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| 9 | 9 | | a pregnant minor to consent to an abortion. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 33.001, Family Code, is amended by |
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| 12 | 12 | | adding Subdivision (4-a) to read as follows: |
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| 13 | 13 | | (4-a) "Unborn child" has the meaning assigned by |
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| 14 | 14 | | Section 171.061, Health and Safety Code. |
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| 15 | 15 | | SECTION 2. Section 33.003, Family Code, is amended by |
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| 16 | 16 | | adding Subsections (f-1) and (f-2) and amending Subsection (l) to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | (f-1) The court may appoint an attorney ad litem or guardian |
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| 19 | 19 | | ad litem to represent an unborn child during a proceeding under this |
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| 20 | 20 | | section. |
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| 21 | 21 | | (f-2) The attorney general shall develop and maintain a |
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| 22 | 22 | | registry listing the name of and contact information for attorneys |
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| 23 | 23 | | qualified to serve as attorneys ad litem and other individuals |
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| 24 | 24 | | qualified to serve as guardians ad litem in this state who |
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| 25 | 25 | | voluntarily notify the attorney general of their willingness to |
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| 26 | 26 | | serve, or on request of the attorney general consent to serve, as |
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| 27 | 27 | | attorneys ad litem or guardians ad litem, as applicable, for an |
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| 28 | 28 | | unborn child in proceedings under this section. |
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| 29 | 29 | | (l) An order of the court issued under this section is |
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| 30 | 30 | | confidential and privileged and is not subject to disclosure under |
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| 31 | 31 | | Chapter 552, Government Code, or discovery, subpoena, or other |
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| 32 | 32 | | legal process. The order may not be released to any person but the |
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| 33 | 33 | | pregnant minor, the pregnant minor's guardian ad litem, the unborn |
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| 34 | 34 | | child's attorney ad litem or guardian ad litem, the pregnant minor's |
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| 35 | 35 | | attorney, the physician who is to perform the abortion, another |
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| 36 | 36 | | person designated to receive the order by the minor, or a |
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| 37 | 37 | | governmental agency or attorney in a criminal or administrative |
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| 38 | 38 | | action seeking to assert or protect the interest of the minor. The |
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| 39 | 39 | | supreme court may adopt rules to permit confidential docketing of |
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| 40 | 40 | | an application under this section. |
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| 41 | 41 | | SECTION 3. Section 33.004(c), Family Code, is amended to |
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| 42 | 42 | | read as follows: |
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| 43 | 43 | | (c) A ruling of the court of appeals issued under this |
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| 44 | 44 | | section is confidential and privileged and is not subject to |
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| 45 | 45 | | disclosure under Chapter 552, Government Code, or discovery, |
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| 46 | 46 | | subpoena, or other legal process. The ruling may not be released to |
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| 47 | 47 | | any person but the pregnant minor, the pregnant minor's guardian ad |
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| 48 | 48 | | litem, the unborn child's attorney ad litem or guardian ad litem, |
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| 49 | 49 | | the pregnant minor's attorney, another person designated to receive |
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| 50 | 50 | | the ruling by the minor, or a governmental agency or attorney in a |
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| 51 | 51 | | criminal or administrative action seeking to assert or protect the |
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| 52 | 52 | | interest of the minor. The supreme court may adopt rules to permit |
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| 53 | 53 | | confidential docketing of an appeal under this section. |
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| 54 | 54 | | SECTION 4. Section 33.006, Family Code, is amended to read |
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| 55 | 55 | | as follows: |
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| 56 | 56 | | Sec. 33.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM |
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| 57 | 57 | | IMMUNITY. A guardian ad litem appointed for a pregnant minor under |
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| 58 | 58 | | this chapter or attorney ad litem or guardian ad litem appointed for |
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| 59 | 59 | | an unborn child who is [and] acting in the course and scope of the |
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| 60 | 60 | | appointment is not liable for damages arising from an act or |
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| 61 | 61 | | omission of the guardian or attorney ad litem committed in good |
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| 62 | 62 | | faith. The immunity granted by this section does not apply if the |
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| 63 | 63 | | conduct of the guardian or attorney ad litem is committed in a |
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| 64 | 64 | | manner described by Sections 107.009(b)(1)-(3) |
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| 65 | 65 | | [107.003(b)(1)-(4)]. |
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| 66 | 66 | | SECTION 5. Section 33.007(a), Family Code, is amended to |
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| 67 | 67 | | read as follows: |
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| 68 | 68 | | (a) A court acting under Section 33.003 or 33.004 may issue |
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| 69 | 69 | | an order requiring the state to pay: |
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| 70 | 70 | | (1) the cost of any attorney ad litem and any guardian |
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| 71 | 71 | | ad litem appointed for the minor or for an unborn child; |
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| 72 | 72 | | (2) notwithstanding Sections 33.003(n) and 33.004(e), |
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| 73 | 73 | | the costs of court associated with the application or appeal; and |
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| 74 | 74 | | (3) any court reporter's fees incurred. |
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| 75 | 75 | | SECTION 6. To the extent of any conflict, this Act prevails |
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| 76 | 76 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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| 77 | 77 | | relating to nonsubstantive additions to and corrections in enacted |
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| 78 | 78 | | codes. |
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| 79 | 79 | | SECTION 7. This Act takes effect September 1, 2021. |
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