Bill Text: TX HB3605 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to appointment of an attorney ad litem or guardian ad litem to represent an unborn child during a judicial bypass proceeding for an abortion for a pregnant minor.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2019-05-07 - Committee report sent to Calendars [HB3605 Detail]

Download: Texas-2019-HB3605-Comm_Sub.html
  86R22453 SCL-F
 
  By: Sanford, et al. H.B. No. 3605
 
  Substitute the following for H.B. No. 3605:
 
  By:  White C.S.H.B. No. 3605
 
 
 
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 judicial bypass proceeding
  for an abortion for a pregnant minor.
         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 identity 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
  that have voluntarily notified the attorney general of their
  willingness to serve, or have been asked by the attorney general and
  have consented 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 OR CERTAIN ATTORNEYS 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;
               (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; and
               (4)  the cost of any attorney ad litem or guardian ad
  litem appointed for an unborn child.
         SECTION 6.  This Act takes effect September 1, 2019.
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