HB 3994 - Amends Requirements for Minors Seeking Abortions - Texas Key Vote

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Title: Amends Requirements for Minors Seeking Abortions

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for minors petitioning to have an abortion without parental consent, effective January 1, 2016.

Highlights:

  • Requires a minor filing a request for a court order that would allow her to have an abortion without the consent of a parent or legal guardian, to do so in a court in one of the following locations (Sec. 4):
    • The county of residence of the minor;
    • The county in which the abortion will be performed, but only if the minor is a not a resident of the State of Texas or the minor’s county of residence has a population of less than 10,000; or
    • A county neighboring the county of residence for the minor, but only if the minor is a resident of the State of Texas and the minor’s county of residence has a population of less than 10,000.
  • Requires the minor filing for a court order for an abortion without the consent of a parent or legal guardian to appear in person before the court, without the use of remote electronic means (Sec . 4).
  • Extends the deadline by which a court of appeals is required to approve or deny a request of a minor to receive an abortion without the authorization of the minor’s parent or guardian from 5 p.m. on the second business day after the application is filed to 5 p.m. on the fifth business day after the application is filed (Secs. 5 & 6).
  • Specifies that if the court fails to rule on the application within the specified period, then the application is denied (Sec. 5).
  • Requires the court ruling on the application of the minor to consider the following circumstances (Sec. 4):
    • Whether the minor has the maturity and knowledge to make the decision to have an abortion on her own;
    • Whether an abortion would be in the best interest of the individual; and
    • Whether the attempt to obtain consent may lead to physical, sexual, or emotional abuse of the individual.
  • Requires the court to consider all relevant factors in determining whether the minor is sufficiently mature and well-informed to consent to an abortion, including, but not limited to, the following factors (Sec. 4):
    • The minor’s age;
    • The minor’s life experiences; and
    • The minor’s efforts to explore her options and the consequences of those options.
  • Authorizes the court to take the following actions in determining whether the abortion is in the best interest of the minor (Sec. 4):
    • Inquire as to the minor’s reasons for seeking an abortion; and
    • Require the minor to be evaluated by a licensed mental health counselor, who shall return the evaluation to the court for review within 3 business days.
  • Requires a physician to use “due diligence” to determine the age of a woman seeking an abortion, including requesting proof of identity and age (Sec. 3).
  • Requires the clerk of the court to submit a regular report to the Office of Court Administration that includes administrative information about the case while protecting the confidentiality of minor individuals and judges that are the subject of the report (Sec. 4).

See How Your Politicians Voted

Title: Amends Requirements for Minors Seeking Abortions

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for minors petitioning to have an abortion without parental consent, effective January 1, 2016.

Highlights:

  • Requires that a minor filing a request for a court order that would allow her to have an abortion without the consent of a parent or legal guardian, do so in a court in one of the following locations (Sec. 4):
    • The county of residence of the minor;
    • The county in which the abortion will be performed, but only if the minor is a not a resident of the State of Texas or the minor’s county of residence has a population of less than 10,000; or
    • A county neighboring the county of residence for the minor, but only if the minor is a resident of the State of Texas and the minor’s county of residence has a population of less than 10,000.
  • Requires the minor filing for a court order for an abortion without the consent of a parent or legal guardian to appear in person before the court, without the use of remote electronic means (Sec . 4).
  • Requires the court to rule on an application by 5 p.m. on the fifth business day after the individual states she is ready to proceed to hearing (Sec. 5).
  • Specifies that if the court fails to rule on the application within the specified period, then the application is denied (Sec. 5).
  • Requires the court ruling on the application of the minor to consider the following circumstances (Sec. 4):
    • Whether the minor has the maturity and knowledge to make the decision to have an abortion on her own;
    • Whether an abortion would be in the best interest of the individual; and
    • Whether the attempt to obtain consent may lead to physical, sexual, or emotional abuse of the individual.
  • Requires the court to consider all relevant factors in determining whether the minor is sufficiently mature and well-informed to consent to an abortion, including, but not limited to, the following factors (Sec. 4):
    • The minor’s age;
    • The minor’s life experiences; and
    • The minor’s efforts to explore her options and the consequences of those options.
  • Authorizes the court to take the following actions in determining whether the abortion is in the best interest of the minor (Sec. 4):
    • Inquire as to the minor’s reasons for seeking an abortion; and
    • Require the minor to be evaluated by a licensed mental health counselor, who shall return the evaluation to the court for review within 3 business days.
  • Requires a physician performing an abortion to presume that the pregnant woman is a minor until the woman presents a valid governmental record of identification showing that she has reached the age of 18 (Sec. 2).
  • Requires the clerk of the court to submit a regular report to the Office of Court Administration that includes administrative information about the case while protecting the confidentiality of minor individuals and judges that are the subject of the report (Sec. 4).

Title: Amends Requirements for Minors Seeking Abortions

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