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 - Dead) 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 |
|
||
|
||
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 [ |
||
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) | ||
[ |
||
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; [ |
||
(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. |