By: Krause H.B. No. 18
 
 
 
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.