By: Krause	H.B. No. 63

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of abortion procedures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 33.003(a), (b), (c), (e), (f), (h), and
	(j), Family Code, are amended to read as follows:
	(a)  A pregnant minor [who wishes to have an abortion without
	notification to one of her parents, her managing conservator, or
	her guardian] may file an application for a court order authorizing
	the minor to consent to the performance of an abortion without the
	consent of or notification to either of her parents or a managing
	conservator or guardian.
	(b)  If the minor resides in a county with a population of
	less than 50,000, the [The] application must [may] be filed in a
	[any] county court at law, court having probate jurisdiction, or
	district court, including a family district court, in the county in
	which the minor resides or an adjacent county [this state]. If the
	minor resides in a county with a population of 50,000 or more, the
	application must be filed in a county court at law, court having
	probate jurisdiction, or district court, including a family
	district court, in the county in which the minor resides.
	(c)  The application must be made under oath and include:
	(1)  a statement that the minor is pregnant;
	(2)  a statement that the minor is unmarried, is under
	18 years of age, and has not had her disabilities removed under
	Chapter 31;
	(3)  a statement that the minor wishes to have an
	abortion without the notification or consent of either of her
	parents or a managing conservator or guardian; [and]
	(4)  a statement as to whether the minor has retained an
	attorney and, if she has retained an attorney, the name, address,
	and telephone number of her attorney; and
	(5)  a statement about the minor's current residence,
	including the minor's physical address, mailing address, and
	telephone number.
	(e)  The court shall appoint a guardian ad litem for the
	minor. If the minor has not retained an attorney, the court shall
	appoint an attorney to represent the minor. The [If the] guardian
	ad litem may not also [is an attorney admitted to the practice of
	law in this state, the court may appoint the guardian ad litem to]
	serve as the minor's attorney ad litem.
	(f)  The court may appoint to serve as guardian ad litem:
	(1)  a person who may consent to treatment for the minor
	under Sections 32.001(a)(1)-(3); or
	(2)  [a psychiatrist or an individual licensed or
	certified as a psychologist under Chapter 501, Occupations Code;
	[(3)]  an appropriate employee of the Department of
	Family and Protective Services[;
	[(4)  a member of the clergy; or
	[(5)     another appropriate person selected by the
	court].
	(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 second business day
	after the date the application is filed with the court. On request
	by the minor, 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
	second business day after the date the minor states she is ready to
	proceed to hearing. [If the court fails to rule on the application
	and issue written findings of fact and conclusions of law within the
	period specified by this subsection, the application is deemed to
	be granted and the physician may perform the abortion as if the
	court had issued an order authorizing the minor to consent to the
	performance of the abortion without notification under Section
	33.002.] 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.
	(j)  If the court finds that the minor does not meet the
	requirements of Subsection (i), the court may not authorize the
	minor to consent to an abortion without the consent required under
	Section 164.052(a)(19), Occupations Code [notification authorized
	under Section 33.002(a)(1)].
	SECTION 2.  Sections 33.004(b) and (f), 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 second business day after the
	date the notice of appeal is filed with the court that denied the
	application. On request by the minor, 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 second business day after the date the
	minor states she is ready to proceed. [If the court of appeals
	fails to rule on the appeal within the period specified by this
	subsection, the appeal is deemed to be granted and the physician may
	perform the abortion as if the court had issued an order authorizing
	the minor to consent to the performance of the abortion without
	notification under Section 33.002.] 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.
	(f)  An expedited confidential appeal shall be available to
	any pregnant minor to whom a court of appeals denies an order
	authorizing the minor to consent to the performance of an abortion
	without the consent of or notification to either of her parents or a
	managing conservator or guardian.
	SECTION 3.  Section 33.008, Family Code, is amended to read
	as follows:
	Sec. 33.008.  PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;
	INVESTIGATION AND ASSISTANCE. (a)  If a minor claims to have been
	[A physician who has reason to believe that a minor has been or may
	be] physically or sexually abused by a parent or the managing
	conservator or guardian of the minor, the physician or physician's
	agent [person responsible for the minor's care, custody, or
	welfare, as that term is defined by Section 261.001,] shall
	immediately report the suspected abuse and the name of the abuser to
	the Department of Family and Protective Services and to a local law
	enforcement agency and shall refer the minor to the department for
	services or intervention that may be in the best interest of the
	minor. The local law enforcement agency has a duty to respond and
	shall write a report within 12 hours of being notified of the
	alleged abuse.  A report shall be made regardless of whether the
	responder knows or suspects that a report about the abuse may have
	previously been made.
	(b)  The appropriate local law enforcement agency and the
	Department of Family and Protective Services shall investigate
	suspected abuse reported under this section and, if warranted
	[appropriate], shall refer the case to the appropriate prosecuting
	authority [assist the minor in making an application with a court
	under Section 33.003].
	(c)  When the local law enforcement agency responds to the
	report of physical or sexual abuse as required under Subsection
	(b), a law enforcement officer or appropriate agent from the
	Department of Family and Protective Services may take emergency
	possession of the minor without a court order to protect the health
	and safety of the minor as described in Chapter 262.
	SECTION 4.  If any court enjoins, suspends, or delays the
	implementation of the changes in law made by this Act to Chapter 33,
	Family Code, the former law, as the law existed immediately before
	the effective date of this Act, becomes or remains in effect and
	continues in effect. At the time a temporary or permanent
	restraining order or injunction described by this section is stayed
	or dissolved, or otherwise ceases to have effect, the changes in law
	made by this Act become immediately effective.
	SECTION 5.  If any provision of this Act or its application
	to any person or circumstance is finally held to be
	unconstitutional, the entire Act is invalid, and to this end the
	provisions of this Act are declared to be nonseverable.
	SECTION 6.  This Act takes effect January 1, 2014.