87R2361 SCL-F
By: Sanford, et al. H.B. No. 1171
A BILL TO BE ENTITLED
AN ACT
relating to appointment of an attorney ad litem or guardian ad litem
to represent an unborn child during a court proceeding authorizing
a pregnant minor to consent to an abortion.
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 or guardian
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 name of and contact information for attorneys
qualified to serve as attorneys ad litem and other individuals
qualified to serve as guardians ad litem in this state who
voluntarily notify the attorney general of their willingness to
serve, or on request of the attorney general consent to serve, as
attorneys ad litem or guardians ad litem, as applicable, 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 or guardian 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 or guardian 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 AND ATTORNEY AD LITEM
IMMUNITY. A guardian ad litem appointed for a pregnant minor under
this chapter or attorney ad litem or guardian ad litem appointed 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 or for an unborn child;
(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.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2021.