Texas 2021 - 87th Regular

Texas House Bill HB4034 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R14038 SCL-F
2	2	By: Schaefer H.B. No. 4034
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of an attorney ad litem to represent an
8	8	unborn child during a court proceeding authorizing a pregnant minor
9	9	to consent to an abortion.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 33.001, Family Code, is amended by
12	12	adding Subdivision (4-a) to read as follows:
13	13	(4-a) "Unborn child" has the meaning assigned by
14	14	Section 171.061, Health and Safety Code.
15	15	SECTION 2. Section 33.003, Family Code, is amended by
16	16	amending Subsections (b), (h), and (l) and adding Subsections
17	17	(e-1), (f-1), and (f-2) to read as follows:
18	18	(b) The application must be filed in:
19	19	(1) a county court at law, court having probate
20	20	jurisdiction, or district court, including a family district court,
21	21	in the minor's county of residence;
22	22	(2) if the minor's parent, managing conservator, or
23	23	guardian is a presiding judge of a court described by Subdivision
24	24	(1):
25	25	(A) a county court at law, court having probate
26	26	jurisdiction, or district court, including a family district court,
27	27	in a contiguous county; or
28	28	(B) a county court at law, court having probate
29	29	jurisdiction, or district court, including a family district court,
30	30	in the county where the minor intends to obtain the abortion; or
31	31	(3) if the minor's county of residence has a population
32	32	of less than 10,000:
33	33	(A) a court described by Subdivision (1);
34	34	(B) a county court at law, court having probate
35	35	jurisdiction, or district court, including a family district court,
36	36	in a contiguous county; or
37	37	(C) a county court at law, court having probate
38	38	jurisdiction, or district court, including a family district court,
39	39	in the county in which the facility at which the minor intends to
40	40	obtain the abortion is located[; or
41	41	[(4) a county court at law, court having probate
42	42	jurisdiction, or district court, including a family district court,
43	43	in the county in which the facility at which the minor intends to
44	44	obtain the abortion is located, if the minor is not a resident of
45	45	this state].
46	46	(e-1) The minor's guardian ad litem appointed under
47	47	Subsection (e) is entitled to have access to the minor and
48	48	information related to the minor in accordance with Section
49	49	107.006.
50	50	(f-1) The court shall appoint an attorney ad litem to
51	51	represent an unborn child during a proceeding under this section.
52	52	The unborn child's attorney ad litem is entitled to have access to
53	53	the minor and information related to the minor in accordance with
54	54	Section 107.006.
55	55	(f-2) The attorney general shall develop and maintain a
56	56	registry listing the name of and contact information for attorneys
57	57	qualified to serve as attorneys ad litem in this state who
58	58	voluntarily notify the attorney general of their willingness to
59	59	serve, or on request of the attorney general consent to serve, as
60	60	attorneys ad litem for an unborn child in proceedings under this
61	61	section.
62	62	(h) The court shall rule on an application submitted under
63	63	this section and shall issue written findings of fact and
64	64	conclusions of law not later than 5 p.m. on the fifth business day
65	65	after the date the application is filed with the court. On request
66	66	by the minor, the minor's guardian ad litem, or the unborn child's
67	67	attorney ad litem, the court shall grant an extension of the period
68	68	specified by this subsection. If a request for an extension is
69	69	made, the court shall rule on an application and shall issue written
70	70	findings of fact and conclusions of law not later than 5 p.m. on the
71	71	fifth business day after the date the minor or attorney ad litem, as
72	72	applicable, states that the minor or attorney ad litem [she] is
73	73	ready to proceed to hearing. Proceedings under this section shall
74	74	be given precedence over other pending matters to the extent
75	75	necessary to assure that the court reaches a decision promptly,
76	76	regardless of whether an extension [the minor] is granted [an
77	77	extension] under this subsection.
78	78	(l) An order of the court issued under this section is
79	79	confidential and privileged and is not subject to disclosure under
80	80	Chapter 552, Government Code, or discovery, subpoena, or other
81	81	legal process. The order may not be released to any person but the
82	82	pregnant minor, the pregnant minor's guardian ad litem, the unborn
83	83	child's attorney ad litem, the pregnant minor's attorney, the
84	84	physician who is to perform the abortion, another person designated
85	85	to receive the order by the minor, or a governmental agency or
86	86	attorney in a criminal or administrative action seeking to assert
87	87	or protect the interest of the minor. The supreme court may adopt
88	88	rules to permit confidential docketing of an application under this
89	89	section.
90	90	SECTION 3. Sections 33.004(b) and (c), Family Code, are
91	91	amended to read as follows:
92	92	(b) The court of appeals shall rule on an appeal under this
93	93	section not later than 5 p.m. on the fifth business day after the
94	94	date the notice of appeal is filed with the court that denied the
95	95	application. On request by the minor, the minor's guardian ad
96	96	litem, or the unborn child's attorney ad litem, the court shall
97	97	grant an extension of the period specified by this subsection. If a
98	98	request for an extension is made, the court shall rule on the appeal
99	99	not later than 5 p.m. on the fifth business day after the date the
100	100	minor or attorney ad litem, as applicable, states that the minor or
101	101	attorney ad litem [she] is ready to proceed. Proceedings under this
102	102	section shall be given precedence over other pending matters to the
103	103	extent necessary to assure that the court reaches a decision
104	104	promptly, regardless of whether an extension [the minor] is granted
105	105	[an extension] under this subsection.
106	106	(c) A ruling of the court of appeals issued under this
107	107	section is confidential and privileged and is not subject to
108	108	disclosure under Chapter 552, Government Code, or discovery,
109	109	subpoena, or other legal process. The ruling may not be released to
110	110	any person but the pregnant minor, the pregnant minor's guardian ad
111	111	litem, the unborn child's attorney ad litem, the pregnant minor's
112	112	attorney, another person designated to receive the ruling by the
113	113	minor, or a governmental agency or attorney in a criminal or
114	114	administrative action seeking to assert or protect the interest of
115	115	the minor. The supreme court may adopt rules to permit confidential
116	116	docketing of an appeal under this section.
117	117	SECTION 4. Section 33.006, Family Code, is amended to read
118	118	as follows:
119	119	Sec. 33.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM
120	120	IMMUNITY. A guardian ad litem appointed for a pregnant minor under
121	121	this chapter or attorney ad litem appointed for an unborn child who
122	122	is [and] acting in the course and scope of the appointment is not
123	123	liable for damages arising from an act or omission of the guardian
124	124	or attorney ad litem committed in good faith. The immunity granted
125	125	by this section does not apply if the conduct of the guardian or
126	126	attorney ad litem is committed in a manner described by Sections
127	127	107.009(b)(1)-(3) [107.003(b)(1)-(4)].
128	128	SECTION 5. Section 33.007(a), Family Code, is amended to
129	129	read as follows:
130	130	(a) A court acting under Section 33.003 or 33.004 may issue
131	131	an order requiring the state to pay:
132	132	(1) the cost of any attorney ad litem and any guardian
133	133	ad litem appointed for the minor or any attorney ad litem appointed
134	134	for an unborn child;
135	135	(2) notwithstanding Sections 33.003(n) and 33.004(e),
136	136	the costs of court associated with the application or appeal; and
137	137	(3) any court reporter's fees incurred.
138	138	SECTION 6. To the extent of any conflict, this Act prevails
139	139	over another Act of the 87th Legislature, Regular Session, 2021,
140	140	relating to nonsubstantive additions to and corrections in enacted
141	141	codes.
142	142	SECTION 7. This Act takes effect September 1, 2021.