87R2361 SCL-F
	By: Sanford	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.