By: Morrison, et al. (Senate Sponsor - Perry)	H.B. No. 3994
	(In the Senate - Received from the House May 15, 2015;
	May 15, 2015, read first time and referred to Committee on Health
	and Human Services; May 20, 2015, reported favorably by the
	following vote:  Yeas 5, Nays 2; May 20, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to notice of and consent to an abortion for a minor and
	associated requirements; amending provisions subject to a criminal
	penalty.
	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.  Sections 33.002(a), (e), (f), (h), and (i),
	Family Code, are amended to read as follows:
	(a)  A physician may not perform an abortion on a pregnant
	unemancipated minor unless:
	(1)  the physician performing the abortion gives at
	least 48 hours actual notice, in person or by telephone, of the
	physician's intent to perform the abortion to:
	(A)  a parent of the minor, if the minor has no
	managing conservator or guardian; or
	(B)  a court-appointed managing conservator or
	guardian;
	(2)  the physician performing the abortion receives a
	certificate or order issued by a court under Section 33.003 or
	33.004 [judge of a court having probate jurisdiction, the judge of a
	county court at law, the judge of a district court, including a
	family district court, or a court of appellate jurisdiction issues
	an order] authorizing the minor to consent to the abortion as
	provided by Section 33.003 or 33.004; or
	(3)  [a probate court, county court at law, district
	court, including a family district court, or court of appeals, by
	its inaction, constructively authorizes the minor to consent to the
	abortion as provided by Section 33.003 or 33.004; or
	[(4)]  the physician performing the abortion:
	(A)  concludes that on the basis of the
	physician's good faith clinical judgment, a condition exists that
	complicates the medical condition of the pregnant minor and
	necessitates the immediate abortion of her pregnancy to avert her
	death or to avoid a serious risk of substantial and irreversible
	impairment of a major bodily function; and
	(B)  certifies in writing to the [Texas]
	Department of State Health Services and in the patient's medical
	record the medical indications supporting the physician's judgment
	that the circumstances described by Paragraph (A) exist.
	(e)  The [Texas] Department of State Health Services shall
	prepare a form to be used for making the certification required by
	Subsection (a)(3) [(a)(4)].
	(f)  A certification required by Subsection (a)(3) [(a)(4)]
	is confidential and privileged and is not subject to disclosure
	under Chapter 552, Government Code, or to discovery, subpoena, or
	other legal process. Personal or identifying information about the
	minor, including her name, address, or social security number, may
	not be included in a certification under Subsection (a)(3)
	[(a)(4)]. The physician must keep the medical records on the minor
	in compliance with the rules adopted by the Texas [State Board of]
	Medical Board [Examiners] under Section 153.003, Occupations Code.
	(h)  A physician shall presume that a pregnant woman is a
	minor unless the woman presents a valid governmental 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.
	(i)  In relation to the trial of an offense under this
	section in which the conduct charged involves a conclusion made by
	the physician under Subsection (a)(3) [(a)(4)], the defendant may
	seek a hearing before the Texas [State Board of] Medical Board
	[Examiners] on whether the physician's conduct was necessary to
	avert the death of the minor or to avoid a serious risk of
	substantial and irreversible impairment of a major bodily function.
	The findings of the Texas [State Board of] Medical Board
	[Examiners] under this subsection are admissible on that issue in
	the trial of the defendant. Notwithstanding any other reason for a
	continuance provided under the Code of Criminal Procedure or other
	law, on motion of the defendant, the court shall delay the beginning
	of the trial for not more than 30 days to permit a hearing under this
	subsection to take place.
	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), (k),
	and (l) and adding Subsections (g-1), (i-1), (i-2), (i-3), (l-1),
	(l-2), (o), (p), (q), and (r) 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
	notification to and consent [either] of [her parents or] a parent,
	managing conservator, or guardian.
	(b)  The application must [may] be filed in:
	(1)  a [any] county court at law, court having probate
	jurisdiction, or district court, including a family district court,
	in the minor's county of residence;
	(2)  if the minor's county of residence has a population
	of less than 10,000:
	(A)  a court described by Subdivision (1);
	(B)  a county court at law, court having probate
	jurisdiction, or district court, including a family district court,
	in a neighboring county; or
	(C)  a county court at law, court having probate
	jurisdiction, or district court, including a family district court,
	in the county in which the facility at which the minor intends to
	obtain the abortion is located; or
	(3)  a county court at law, court having probate
	jurisdiction, or district court, including a family district court,
	in the county in which the facility at which the minor intends to
	obtain the abortion is located, if the minor is not a resident of
	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 and consent of [either of her
	parents or] a parent, 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 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 ad litem.
	(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 denied [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]. If the court
	authorizes the minor to consent to the abortion under this
	subsection, the court clerk shall issue to the physician who is to
	perform the abortion a certificate showing that the court granted
	the application. 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)  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
	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.
	(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 of appeals district 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 and judges that are the subject of the report.
	(o)  A minor who has filed an application under this section
	may not withdraw or otherwise non-suit her application without the
	permission of the court.
	(p)  Except as otherwise provided by Subsection (q), a minor
	who has filed an application and has obtained a determination by the
	court as described by Subsection (i) may not initiate a new
	application proceeding and the prior proceeding is res judicata of
	the issue relating to the determination of whether the minor may or
	may not be authorized to consent to the performance of an abortion
	without the consent of and notification to a parent, managing
	conservator, or guardian.
	(q)  A minor whose application is denied may subsequently
	submit an application to the court that denied the application if
	the minor shows that there has been a material change in
	circumstances since the time the court denied the application.
	(r)  An attorney retained by the minor to assist her in
	filing an application under this section shall fully inform himself
	or herself of the minor's prior application history, including the
	representations made by the minor in the application regarding her
	address, proper venue in the county in which the application is
	filed, and whether a prior application has been filed and
	initiated. If an attorney assists the minor in the application
	process in any way, with or without payment, the attorney
	representing the minor must attest to the truth of the minor's
	claims regarding the venue and prior applications in a sworn
	statement.
	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 denied [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].  If the court
	authorizes the minor to consent to the abortion under this
	subsection, the court clerk shall issue to the physician who is to
	perform the abortion a certificate showing that the court granted
	the application. 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 33.008, 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
	physically or sexually abused or a [A] physician or physician's
	agent [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], the physician or physician's agent 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 shall respond and shall
	write a report within 24 hours of being notified of the alleged
	abuse. A report shall be made regardless of whether the local law
	enforcement agency 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 by Subsection (a), 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 by Chapter 262.
	SECTION 8.  Chapter 33, Family Code, is amended by adding
	Section 33.0085 to read as follows:
	Sec. 33.0085.  DUTY OF JUDGE OR JUSTICE TO REPORT ABUSE OF
	MINOR. (a) Notwithstanding any other law, a judge or justice who,
	as a result of court proceedings conducted under Section 33.003 or
	33.004, has reason to believe that a minor has been or may be
	physically or sexually abused shall:
	(1)  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
	(2)  refer the minor to the department for services or
	intervention that may be in the best interest of the minor.
	(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,
	shall refer the case to the appropriate prosecuting authority.
	SECTION 9.  Section 33.010, Family Code, is amended to read
	as follows:
	Sec. 33.010.  CONFIDENTIALITY. Notwithstanding any other
	law, information obtained by the Department of Family and
	Protective Services or another entity under Section 33.008,
	33.0085, or 33.009 is confidential except to the extent necessary
	to prove a violation of Section 21.02, 22.011, 22.021, or 25.02,
	Penal Code.
	SECTION 10.  (a)  Section 33.002, Family Code, as amended by
	this Act, applies only to an offense committed on or after the
	effective date of this Act.  An offense committed before the
	effective date of this Act is governed by the law in effect on the
	date the offense was committed, and the former law is continued in
	effect for that purpose.  For purposes of this section, an offense
	was committed before the effective date of this Act if any element
	of the offense occurred before that date.
	(b)  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.
	(c)  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,
	2017.
	SECTION 11.  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 12.  This Act takes effect January 1, 2016.
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