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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial authority to issue orders allowing minors to |
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consent to abortions and disclosure of that authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.003, Family Code, is amended by |
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adding Subsections (b-1) and (l-1) and amending Subsection (l) to |
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read as follows: |
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(b-1) Only a judge elected or appointed to the court in |
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which an application is filed under this section may hear and rule |
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on the application. |
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(l) Except as provided by Subsection (l-1), an [An] order of |
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the court issued under this section is confidential and privileged |
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and is not subject to disclosure under Chapter 552, Government |
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Code, or discovery, subpoena, or other legal process. The order may |
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not be released to any person but the pregnant minor, the pregnant |
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minor's guardian ad litem, the pregnant minor's attorney, another |
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person designated to receive the order by the minor, or a |
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governmental agency or attorney in a criminal or administrative |
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action seeking to assert or protect the interest of the minor. The |
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supreme court may adopt rules to permit confidential docketing of |
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an application under this section. |
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(l-1) The name of a judge who grants an application |
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authorizing a minor to consent to the performance of an abortion, |
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including an application that is deemed granted because of the |
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judge's failure to rule on the application, and the number of |
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applications granted under this section, including the number |
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deemed granted, are subject to disclosure under Chapter 552, |
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Government Code. This section does not affect the confidentiality |
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and privileged status of the pregnant minor's information. |
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SECTION 2. Section 33.004, Family Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(b) The court of appeals shall rule on an appeal under this |
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section not later than 5 p.m. on the second business day after the |
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date the notice of appeal is filed with the court that denied the |
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application. Only judges elected or appointed to the court in which |
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the appeal is filed may hear and rule on the appeal. On request by |
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the minor, the court shall grant an extension of the period |
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specified by this subsection. If a request for an extension is |
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made, the court shall rule on the appeal not later than 5 p.m. on the |
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second business day after the date the minor states she is ready to |
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proceed. If the court of appeals fails to rule on the appeal within |
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the period specified by this subsection, the appeal is deemed to be |
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granted and the physician may perform the abortion as if the court |
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had issued an order authorizing the minor to consent to the |
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performance of the abortion without notification under Section |
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33.002. Proceedings under this section shall be given precedence |
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over other pending matters to the extent necessary to assure that |
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the court reaches a decision promptly. |
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(c) Except as provided by Subsection (c-1), a [A] ruling of |
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the court of appeals issued under this section is confidential and |
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privileged and is not subject to disclosure under Chapter 552, |
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Government Code, or discovery, subpoena, or other legal process. |
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The ruling may not be released to any person but the pregnant minor, |
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the pregnant minor's guardian ad litem, the pregnant minor's |
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attorney, another person designated to receive the ruling by the |
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minor, or a governmental agency or attorney in a criminal or |
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administrative action seeking to assert or protect the interest of |
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the minor. The supreme court may adopt rules to permit confidential |
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docketing of an appeal under this section. |
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(c-1) The name of each judge of the court of appeals who |
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grants an appeal authorizing a minor to consent to the performance |
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of an abortion, including an appeal that is deemed granted because |
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the court failed to rule on the appeal, and the number of appeals |
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granted under this section, including the number deemed granted, |
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are subject to disclosure under Chapter 552, Government Code. This |
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section does not affect the confidentiality and privileged status |
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of the pregnant minor's information. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for judicial approval filed under Chapter 33, Family |
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Code, as amended by this Act, on or after the effective date of this |
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Act. An application filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |