87R14038 SCL-F
By: Schaefer H.B. No. 4034
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an attorney 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
amending Subsections (b), (h), and (l) and adding Subsections
(e-1), (f-1), and (f-2) to read as follows:
(b) The application must be filed in:
(1) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the minor's county of residence;
(2) if the minor's parent, managing conservator, or
guardian is a presiding judge of a court described by Subdivision
(1):
(A) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in a contiguous county; or
(B) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the county where the minor intends to obtain the abortion; or
(3) if the minor's county of residence has a population
of less than 10,000:
(A) a court described by Subdivision (1);
(B) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in a contiguous county; or
(C) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the county in which the facility at which the minor intends to
obtain the abortion is located[; or
[(4) a county court at law, court having probate
jurisdiction, or district court, including a family district court,
in the county in which the facility at which the minor intends to
obtain the abortion is located, if the minor is not a resident of
this state].
(e-1) The minor's guardian ad litem appointed under
Subsection (e) is entitled to have access to the minor and
information related to the minor in accordance with Section
107.006.
(f-1) The court shall appoint an attorney ad litem to
represent an unborn child during a proceeding under this section.
The unborn child's attorney ad litem is entitled to have access to
the minor and information related to the minor in accordance with
Section 107.006.
(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 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 for an unborn child in proceedings under this
section.
(h) The court shall rule on an application submitted under
this section and shall issue written findings of fact and
conclusions of law not later than 5 p.m. on the fifth business day
after the date the application is filed with the court. On request
by the minor, the minor's guardian ad litem, or the unborn child's
attorney ad litem, the court shall grant an extension of the period
specified by this subsection. If a request for an extension is
made, the court shall rule on an application and shall issue written
findings of fact and conclusions of law not later than 5 p.m. on the
fifth business day after the date the minor or attorney ad litem, as
applicable, states that the minor or attorney ad litem [she] is
ready to proceed to hearing. Proceedings under this section shall
be given precedence over other pending matters to the extent
necessary to assure that the court reaches a decision promptly,
regardless of whether an extension [the minor] is granted [an
extension] under this subsection.
(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. Sections 33.004(b) and (c), Family Code, are
amended to read as follows:
(b) The court of appeals shall rule on an appeal under this
section not later than 5 p.m. on the fifth business day after the
date the notice of appeal is filed with the court that denied the
application. On request by the minor, the minor's guardian ad
litem, or the unborn child's attorney ad litem, the court shall
grant an extension of the period specified by this subsection. If a
request for an extension is made, the court shall rule on the appeal
not later than 5 p.m. on the fifth business day after the date the
minor or attorney ad litem, as applicable, states that the minor or
attorney ad litem [she] is ready to proceed. Proceedings under this
section shall be given precedence over other pending matters to the
extent necessary to assure that the court reaches a decision
promptly, regardless of whether an extension [the minor] is granted
[an extension] under this subsection.
(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 AND ATTORNEY AD LITEM
IMMUNITY. A guardian ad litem appointed for a pregnant minor under
this chapter or attorney 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 any attorney ad litem appointed
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.