83S10415 JSC-F
	By: Callegari	H.B. No. 67

	A BILL TO BE ENTITLED
	AN ACT
	relating to notice of and consent to an abortion for a minor.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 33, Family Code, is
	amended to read as follows:
	CHAPTER 33. NOTICE OF AND CONSENT TO ABORTION
	SECTION 2.  Section 33.002(h), Family Code, is amended to
	read as follows:
	(h)  A physician shall presume that a pregnant woman is a
	minor unless the woman presents a valid government record of
	identification showing that she has reached the age of majority. It
	is a defense to prosecution under this section that the minor
	falsely represented her age or identity to the physician to be at
	least 18 years of age by displaying an apparently valid
	governmental record of identification such that a reasonable person
	under similar circumstances would have relied on the
	representation. The defense does not apply if the physician is
	shown to have had independent knowledge of the minor's actual age or
	identity or failed to use due diligence in determining the minor's
	age or identity. In this subsection, "defense" has the meaning and
	application assigned by Section 2.03, Penal Code.
	SECTION 3.  Chapter 33, Family Code, is amended by adding
	Section 33.0021 to read as follows:
	Sec. 33.0021.  CONSENT REQUIRED. A physician may not
	perform an abortion in violation of Section 164.052(a)(19),
	Occupations Code.
	SECTION 4.  Section 33.003, Family Code, is amended by
	amending Subsections (a), (b), (c), (e), (g), (h), (i), (j), and (k)
	and adding Subsections (g-1), (i-1), (i-2), (i-3), (l-1), and (l-2)
	to read as follows:
	(a)  A pregnant minor who wishes to have an abortion without
	notification to and consent [one] of a parent [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 notification to and consent of a parent,
	[either of her parents or a] managing conservator, or guardian.
	(b)  The application may be filed in any county court at law,
	court having probate jurisdiction, or district court, including a
	family district court, in the minor's county of residence or in a
	neighboring county if the minor's county of residence has a
	population of less than 10,000 or in the county in which the
	facility at which the minor intends to obtain an abortion is located
	[this state].
	(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 to or consent of a parent,
	[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.
	(e)  The court shall appoint a guardian ad litem for the
	minor who shall represent the best interest of 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.
	(g)  The court shall fix a time for a hearing on an
	application filed under Subsection (a) and shall keep a record of
	all testimony and other oral proceedings in the action. [The court
	shall enter judgment on the application immediately after the
	hearing is concluded.]
	(g-1)  The pregnant minor must appear before the court in
	person and may not appear using videoconferencing, telephone
	conferencing, or other remote electronic means.
	(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 fifth [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 fifth [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 court clerk shall
	issue to the physician a certificate showing that the court failed
	to rule on the application. On receipt of the certificate, 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 the notification under Section 33.002 and consent
	under Section 33.0021. 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, regardless of
	whether the minor is granted an extension under this subsection.
	(i)  The court shall determine by clear and convincing [a
	preponderance of the] evidence, as described by Section 101.007,
	whether the minor has overcome the presumption that notifying and
	requesting consent from a parent, managing conservator, or guardian
	is in the minor's best interest. In making a determination under
	this subsection, the court shall consider:
	(1)  whether the minor is mature and sufficiently well
	informed to make the decision to have an abortion performed without
	notification to or consent of a parent, [either of her parents or a]
	managing conservator, or guardian;
	(2)  [,] whether the abortion [notification] would
	[not] be in the best interest of the minor; and
	(3)  [, or] whether notification or the attempt to
	obtain consent may lead to physical, sexual, or emotional abuse of
	the minor, as described by Section 261.001.
	(i-1)  In determining whether the minor meets the
	requirements of Subsection (i)(1), the court shall consider the
	experience, perspective, and judgment of the minor. The court may
	consider all relevant factors, including:
	(1)  the minor's age;
	(2)  the minor's life experiences, such as working,
	traveling independently, or managing her own financial affairs;
	(3)  steps taken by the minor to explore her options and
	the consequences of those options; and
	(4)  the minor's decision not to notify and obtain
	consent from a parent, managing conservator, or guardian.
	(i-2)  In determining whether the abortion is in the best
	interest of the minor, the court may:
	(1)  inquire as to the minor's reasons for seeking an
	abortion;
	(2)  consider the degree to which the minor is informed
	about the state-published informational materials described by
	Chapter 171, Health and Safety Code; and
	(3)  require the minor to be evaluated by a licensed
	mental health counselor, who shall return the evaluation to the
	court for review within three business days.
	(i-3)  If the court finds that the minor is mature and
	sufficiently well informed, that the abortion [notification] would
	[not] be in the minor's best interest, or that notification or the
	attempt to obtain consent may lead to physical, sexual, or
	emotional abuse of the minor, the court shall enter an order
	authorizing the minor to consent to the performance of the abortion
	without notification to and consent of a parent, [either of her
	parents or a] managing conservator, or guardian and shall execute
	the required forms.
	(j)  If the court finds that the minor does not meet the
	requirements of Subsection (i-3) [(i)], the court may not authorize
	the minor to consent to an abortion without the notification
	authorized under Section 33.002(a)(1) and consent under Section
	33.0021.
	(k)  The court may not notify a parent, managing conservator,
	or guardian that the minor is pregnant or that the minor wants to
	have an abortion. The court proceedings shall be conducted in a
	manner that protects the anonymity of the minor. The application
	and all other court documents pertaining to the proceedings are
	confidential and privileged and are not subject to disclosure under
	Chapter 552, Government Code, or to discovery, subpoena, or other
	legal process. The minor may file the application using a pseudonym
	or using only her initials. Confidential records pertaining to a
	minor under this subsection may be disclosed to the minor.
	(l-1)  The clerk of the court, at intervals prescribed by the
	Office of Court Administration of the Texas Judicial System, shall
	submit a report to the office that includes, for each case filed
	under this section:
	(1)  the case number and style;
	(2)  the applicant's county of residence;
	(3)  the court in which the proceeding occurred;
	(4)  the date of filing;
	(5)  the date of disposition; and
	(6)  the disposition of the case.
	(l-2)  The Office of Court Administration of the Texas
	Judicial System shall annually compile and publish a report
	aggregating the data received under Subsections (l-1)(2), (3), and
	(6). A report under this subsection must protect the anonymity of
	all minors that are the subject of the report.
	SECTION 5.  Section 33.004, Family Code, is amended by
	amending Subsection (b) and adding Subsection (c-1) 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 fifth [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 fifth [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 court
	clerk shall issue to the physician a certificate showing that the
	court failed to rule on the application. On receipt of the
	certificate, 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 the notification under Section
	33.002 and consent under Section 33.0021. 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, regardless of whether the minor is granted an extension
	under this subsection.
	(c-1)  Notwithstanding Subsection (c), the court of appeals
	may publish an opinion relating to a ruling under this section if
	the opinion is written in a way to preserve the confidentiality of
	the identity of the pregnant minor.
	SECTION 6.  Chapter 33, Family Code, is amended by adding
	Section 33.0065 to read as follows:
	Sec. 33.0065.  RECORDS. The clerk of the court shall retain
	the records for each case before the court under this chapter in
	accordance with rules for civil cases and grant access to the
	records to the minor who is the subject of the proceeding.
	SECTION 7.  Section 33.007, Family Code, is amended to read
	as follows:
	Sec. 33.007.  COSTS NOT PAID BY STATE. [(a)] A court acting
	under Section 33.003 or 33.004 may not require [issue an order
	requiring] the state to pay any costs associated with the
	proceeding under this chapter, including:
	(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; or [and]
	(3)  any court reporter's fees incurred.
	[(b)     An order issued under Subsection (a) must be directed
	to the comptroller, who shall pay the amount ordered from funds
	appropriated to the Texas Department of Health.]
	SECTION 8.  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)  A physician who has reason to
	believe that a minor has been or may be physically or sexually
	abused [by a 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 to the Department of Family
	and Protective Services and shall refer the minor to the department
	for services or intervention that may be in the best interest of the
	minor. A minor's claim that she is being physically or sexually
	abused constitutes a reason to believe that abuse has occurred.
	(b)  A report made to the [The] Department of Family and
	Protective Services under Subsection (a) shall be investigated as
	provided by Chapter 261 [investigate suspected abuse reported under
	this section and, if appropriate, shall assist the minor in making
	an application with a court under Section 33.003].
	SECTION 9.  (a) Sections 33.003 and 33.004, Family Code, as
	amended by this Act, apply only to a petition filed on or after the
	effective date of this Act. A petition filed before the effective
	date of this Act is governed by the law in effect on the date the
	petition was filed, and the former law is continued in effect for
	that purpose.
	(b)  The Office of Court Administration of the Texas Judicial
	System is not required to publish the initial report under Section
	33.003(l-2), Family Code, as added by this Act, before January 1,
	2015.
	SECTION 10.  Every provision in this Act and every
	application of the provisions in this Act are severable from each
	other. If any application of any provision in this Act to any
	person or group of persons or circumstances is found by a court to
	be invalid, the remainder of this Act and the application of the
	Act's provisions to all other persons and circumstances may not be
	affected. All constitutionally valid applications of this Act
	shall be severed from any applications that a court finds to be
	invalid, leaving the valid applications in force, because it is the
	legislature's intent and priority that the valid applications be
	allowed to stand alone. Even if a reviewing court finds a provision
	of this Act invalid in a large or substantial fraction of relevant
	cases, the remaining valid applications shall be severed and
	allowed to remain in force.
	SECTION 11.  This Act takes effect January 1, 2014.