H.B. No. 3994
 
 
 
 
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.  Section 33.001, Family Code, is amended by
  adding Subdivision (3-a) to read as follows:
               (3-a)  "Medical emergency" has the meaning assigned by
  Section 171.002, Health and Safety Code.
         SECTION 3.  Section 33.002, Family Code, is amended by
  amending Subsections (a), (e), (f), (h), and (i) and adding
  Subsections (j), (k), and (l) 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 who is to perform the abortion
  receives an 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 who is to perform [performing] the
  abortion:
                     (A)  concludes that a medical emergency exists [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 a medical emergency exists; and
                     (C)  provides the notice required by Section
  33.0022 [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)(B) [(a)(4)].
         (f)  A certification required by Subsection (a)(3)(B)
  [(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)(B) [(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)  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
  proof of identity and age described by Subsection (k) [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) [(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
  because of a medical emergency [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.
         (j)  A physician shall use due diligence to determine that
  any woman on which the physician performs an abortion who claims to
  have reached the age of majority or to have had the disabilities of
  minority removed has, in fact, reached the age of majority or has
  had the disabilities of minority removed. 
         (k)  For the purposes of this section, "due diligence"
  includes requesting proof of identity and age described by Section
  2.005(b) or a copy of the court order removing disabilities of
  minority.
         (l)  If proof of identity and age cannot be provided, the
  physician shall provide information on how to obtain proof of
  identity and age. If the woman is subsequently unable to obtain
  proof of identity and age and the physician chooses to perform the
  abortion, the physician shall document that proof of identity and
  age was not obtained and report to the Department of State Health
  Services that proof of identity and age was not obtained for the
  woman on whom the abortion was performed. The department shall
  report annually to the legislature regarding the number of
  abortions performed without proof of identity and age.
         SECTION 4.  Chapter 33, Family Code, is amended by adding
  Sections 33.0021 and 33.0022 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.
         Sec. 33.0022.  MEDICAL EMERGENCY NOTIFICATION; AFFIDAVIT
  FOR MEDICAL RECORD. (a) If the physician who is to perform the
  abortion concludes under Section 33.002(a)(3)(A) that a medical
  emergency exists and that there is insufficient time to provide the
  notice required by Section 33.002 or obtain the consent required by
  Section 33.0021, the physician shall make a reasonable effort to
  inform, in person or by telephone, the parent, managing
  conservator, or guardian of the unemancipated minor within 24 hours
  after the time a medical emergency abortion is performed on the
  minor of:
               (1)  the performance of the abortion; and
               (2)  the basis for the physician's determination that a
  medical emergency existed that required the performance of a
  medical emergency abortion without fulfilling the requirements of
  Section 33.002 or 33.0021.
         (b)  A physician who performs an abortion as described by
  Subsection (a), not later than 48 hours after the abortion is
  performed, shall send a written notice that a medical emergency
  occurred and the ability of the parent, managing conservator, or
  guardian to contact the physician for more information and medical
  records, to the last known address of the parent, managing
  conservator, or guardian by certified mail, restricted delivery,
  return receipt requested. The physician may rely on last known
  address information if a reasonable and prudent person, under
  similar circumstances, would rely on the information as sufficient
  evidence that the parent, managing conservator, or guardian resides
  at that address. The physician shall keep in the minor's medical
  record:
               (1)  the return receipt from the written notice; or
               (2)  if the notice was returned as undeliverable, the
  notice.
         (c)  A physician who performs an abortion on an unemancipated
  minor during a medical emergency as described by Subsection (a)
  shall execute for inclusion in the medical record of the minor an
  affidavit that explains the specific medical emergency that
  necessitated the immediate abortion.
         SECTION 5.  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 parent, managing conservator, or
  guardian is a presiding judge of a court described by Subdivision
  (1):
                     (A)  a county court at law, court having probate
  jurisdiction, or district court, including a family district court,
  in a contiguous county; or
                     (B)  a county court at law, court having probate
  jurisdiction, or district court, including a family district court,
  in the county where the minor intends to obtain the abortion;
               (3)  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 contiguous 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
               (4)  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:
               (1)  be made under oath;
               (2)  [and] include:
                     (A) [(1)]  a statement that the minor is pregnant;
                     (B) [(2)]  a statement that the minor is
  unmarried, is under 18 years of age, and has not had her
  disabilities removed under Chapter 31;
                     (C) [(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]
                     (D) [(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
                     (E)  a statement about the minor's current
  residence, including the minor's physical address, mailing
  address, and telephone number; and
               (3)  be accompanied by the sworn statement of the
  minor's attorney under Subsection (r), if the minor has retained an
  attorney to assist the minor with filing the application under this
  section.
         (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 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,
  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:
               (1)  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; or
               (2)  the [, whether] notification and attempt to obtain
  consent would not be in the best interest of the minor[, or whether
  notification may lead to physical, sexual, or emotional abuse of
  the minor].
         (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:
               (1)  consider all relevant factors, including:
                     (A)  the minor's age;
                     (B)  the minor's life experiences, such as
  working, traveling independently, or managing her own financial
  affairs; and
                     (C)  steps taken by the minor to explore her
  options and the consequences of those options;
               (2)  inquire as to the minor's reasons for seeking an
  abortion;
               (3)  consider the degree to which the minor is informed
  about the state-published informational materials described by
  Chapter 171, Health and Safety Code; and
               (4)  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-2)  In determining whether the notification and the
  attempt to obtain consent would not be in the best interest of the
  minor, the court may inquire as to:
               (1)  the minor's reasons for not wanting to notify and
  obtain consent from a parent, managing conservator, or guardian;
               (2)  whether notification or the attempt to obtain
  consent may lead to physical or sexual abuse;
               (3)  whether the pregnancy was the result of sexual
  abuse by a parent, managing conservator, or guardian; and
               (4)  any history of physical or sexual abuse from a
  parent, managing conservator, or guardian.
         (i-3)  The [If the court finds that the minor is mature and
  sufficiently well informed, that notification would not be in the
  minor's best interest, or that notification 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 [either] of [her
  parents or] a parent, managing conservator, or guardian and shall
  execute the required forms if the court finds by clear and
  convincing evidence, as defined by Section 101.007, that:
               (1)  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, managing conservator, or
  guardian; or
               (2)  the notification and attempt to obtain consent
  would not be in the best interest of the minor.
         (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 confidentiality of the identity 
  [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.
  Confidential records pertaining to a minor under this subsection
  may be disclosed to the minor  [The minor may file the application
  using a pseudonym or using only her initials].
         (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)(3) and (6).  
  A report submitted under Subsection (l-1) is confidential and
  privileged and is not subject to disclosure under Chapter 552,
  Government Code, or to discovery, subpoena, or other legal process.  
  A report under this subsection must protect the confidentiality of:
               (1)  the identity of all minors and judges who are the
  subject of the report; and
               (2)  the information described by Subsection (l-1)(1).
         (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 notification to and consent of 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 6.  Section 33.004, Family Code, is amended by
  amending Subsections (b) and (f) 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
  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, 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.
         (f)  An expedited confidential appeal shall be available to
  any pregnant minor to whom a court of appeals denies an application
  to authorize [order authorizing] the minor to consent to the
  performance of an abortion without notification to or consent of 
  [either of her parents or] a parent, managing conservator, or
  guardian.
         SECTION 7.  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 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) 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 9.  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 10.  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 11.  Chapter 33, Family Code, is amended by adding
  Sections 33.012, 33.013, and 33.014 to read as follows:
         Sec. 33.012.  CIVIL PENALTY. (a) A person who is found to
  have intentionally, knowingly, recklessly, or with gross
  negligence violated this chapter is liable to this state for a civil
  penalty of not less than $2,500 and not more than $10,000.
         (b)  Each performance or attempted performance of an
  abortion in violation of this chapter is a separate violation.
         (c)  A civil penalty may not be assessed against:
               (1)  a minor on whom an abortion is performed or
  attempted; or
               (2)  a judge or justice hearing a court proceeding
  conducted under Section 33.003 or 33.004.
         (d)  It is not a defense to an action brought under this
  section that the minor gave informed and voluntary consent.
         (e)  The attorney general shall bring an action to collect a
  penalty under this section.
         Sec. 33.013.  CAPACITY TO CONSENT. An unemancipated minor
  does not have the capacity to consent to any action that violates
  this chapter.
         Sec. 33.014.  ATTORNEY GENERAL TO ENFORCE.  The attorney
  general shall enforce this chapter.
         SECTION 12.  
  Section 245.006(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department shall inspect an abortion facility at
  random, unannounced, and reasonable times as necessary to ensure
  compliance with this chapter, [and] Subchapter B, Chapter 171, and
  Chapter 33, Family Code.
         SECTION 13.  Section 164.052(a), Occupations Code, is
  amended to read as follows:
         (a)  A physician or an applicant for a license to practice
  medicine commits a prohibited practice if that person:
               (1)  submits to the board a false or misleading
  statement, document, or certificate in an application for a
  license;
               (2)  presents to the board a license, certificate, or
  diploma that was illegally or fraudulently obtained;
               (3)  commits fraud or deception in taking or passing an
  examination;
               (4)  uses alcohol or drugs in an intemperate manner
  that, in the board's opinion, could endanger a patient's life;
               (5)  commits unprofessional or dishonorable conduct
  that is likely to deceive or defraud the public, as provided by
  Section 164.053, or injure the public;
               (6)  uses an advertising statement that is false,
  misleading, or deceptive;
               (7)  advertises professional superiority or the
  performance of professional service in a superior manner if that
  advertising is not readily subject to verification;
               (8)  purchases, sells, barters, or uses, or offers to
  purchase, sell, barter, or use, a medical degree, license,
  certificate, or diploma, or a transcript of a license, certificate,
  or diploma in or incident to an application to the board for a
  license to practice medicine;
               (9)  alters, with fraudulent intent, a medical license,
  certificate, or diploma, or a transcript of a medical license,
  certificate, or diploma;
               (10)  uses a medical license, certificate, or diploma,
  or a transcript of a medical license, certificate, or diploma that
  has been:
                     (A)  fraudulently purchased or issued;
                     (B)  counterfeited; or
                     (C)  materially altered;
               (11)  impersonates or acts as proxy for another person
  in an examination required by this subtitle for a medical license;
               (12)  engages in conduct that subverts or attempts to
  subvert an examination process required by this subtitle for a
  medical license;
               (13)  impersonates a physician or permits another to
  use the person's license or certificate to practice medicine in
  this state;
               (14)  directly or indirectly employs a person whose
  license to practice medicine has been suspended, canceled, or
  revoked;
               (15)  associates in the practice of medicine with a
  person:
                     (A)  whose license to practice medicine has been
  suspended, canceled, or revoked; or
                     (B)  who has been convicted of the unlawful
  practice of medicine in this state or elsewhere;
               (16)  performs or procures a criminal abortion, aids or
  abets in the procuring of a criminal abortion, attempts to perform
  or procure a criminal abortion, or attempts to aid or abet the
  performance or procurement of a criminal abortion;
               (17)  directly or indirectly aids or abets the practice
  of medicine by a person, partnership, association, or corporation
  that is not licensed to practice medicine by the board;
               (18)  performs an abortion on a woman who is pregnant
  with a viable unborn child during the third trimester of the
  pregnancy unless:
                     (A)  the abortion is necessary to prevent the
  death of the woman;
                     (B)  the viable unborn child has a severe,
  irreversible brain impairment; or
                     (C) the woman is diagnosed with a significant
  likelihood of suffering imminent severe, irreversible brain damage
  or imminent severe, irreversible paralysis;
               (19)  performs an abortion on an unemancipated minor
  without the written consent of the child's parent, managing
  conservator, or legal guardian or without a court order, as
  provided by Section 33.003 or 33.004, Family Code, unless the
  abortion is necessary due to a medical emergency, as defined by
  Section 171.002, Health and Safety Code;
               (20)  otherwise performs an abortion on an
  unemancipated minor in violation of Chapter 33, Family Code [,
  authorizing the minor to consent to the abortion, unless the
  physician 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 impairment of a major bodily function and that
  there is insufficient time to obtain the consent of the child's
  parent, managing conservator, or legal guardian]; or
               (21) [(20)]  performs or induces or attempts to perform
  or induce an abortion in violation of Subchapter C, Chapter 171,
  Health and Safety Code.
         SECTION 14.  (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 an application filed on or after the
  effective date of this Act. An application filed before the
  effective date of this Act is governed by the law in effect on the
  date the application 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 15.  Section 33.012, Family Code, as added by this
  Act, applies only to a cause of action that accrues on or after the
  effective date of this Act. A cause of action that accrues before
  the effective date of this Act is governed by the law in effect
  immediately before that date, and that law is continued in effect
  for that purpose.
         SECTION 16.  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 17.  This Act takes effect January 1, 2016.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3994 was passed by the House on May
  14, 2015, by the following vote:  Yeas 93, Nays 46, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3994 on May 29, 2015, by the following vote:  Yeas 102, Nays 43,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3994 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 21, Nays
  10.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor