87R14038 SCL-F     By: Schaefer H.B. No. 4034       A BILL TO BE ENTITLED   AN ACT   relating to the appointment of an attorney ad litem to represent an   unborn child during a court proceeding authorizing a pregnant minor   to consent to an abortion.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.001, Family Code, is amended by   adding Subdivision (4-a) to read as follows:                (4-a)  "Unborn child" has the meaning assigned by   Section 171.061, Health and Safety Code.          SECTION 2.  Section 33.003, Family Code, is amended by   amending Subsections (b), (h), and (l) and adding Subsections   (e-1), (f-1), and (f-2) to read as follows:          (b)  The application must be filed in:                (1)  a 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; or                (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].          (e-1)  The minor's guardian ad litem appointed under   Subsection (e) is entitled to have access to the minor and   information related to the minor in accordance with Section   107.006.          (f-1)  The court shall appoint an attorney ad litem to   represent an unborn child during a proceeding under this section.     The unborn child's attorney ad litem is entitled to have access to   the minor and information related to the minor in accordance with   Section 107.006.          (f-2)  The attorney general shall develop and maintain a   registry listing the name of and contact information for attorneys   qualified to serve as attorneys ad litem in this state who   voluntarily notify the attorney general of their willingness to   serve, or on request of the attorney general consent to serve, as   attorneys ad litem for an unborn child in proceedings under this   section.          (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 business day   after the date the application is filed with the court.  On request   by the minor, the minor's guardian ad litem, or the unborn child's   attorney ad litem, 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 business day after the date the minor or attorney ad litem, as   applicable, states that the minor or attorney ad litem [she] is   ready to proceed to hearing.  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 an extension [the minor] is granted [an   extension] under this subsection.          (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 unborn   child's attorney 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.          SECTION 3.  Sections 33.004(b) and (c), 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 fifth business day after the   date the notice of appeal is filed with the court that denied the   application. On request by the minor, the minor's guardian ad   litem, or the unborn child's attorney ad litem, 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 business day after the date the   minor or attorney ad litem, as applicable, states that the minor or   attorney ad litem [she] is ready to proceed. 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 an extension [the minor] is granted   [an extension] under this subsection.          (c)  A ruling of the court of appeals 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 ruling may not be released to   any person but the pregnant minor, the pregnant minor's guardian ad   litem, the unborn child's attorney ad litem, the pregnant minor's   attorney, another person designated to receive the ruling 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 appeal under this section.          SECTION 4.  Section 33.006, Family Code, is amended to read   as follows:          Sec. 33.006.  GUARDIAN AD LITEM AND ATTORNEY AD LITEM   IMMUNITY. A guardian ad litem appointed for a pregnant minor under   this chapter or attorney ad litem appointed for an unborn child who   is [and] acting in the course and scope of the appointment is not   liable for damages arising from an act or omission of the guardian   or attorney ad litem committed in good faith.  The immunity granted   by this section does not apply if the conduct of the guardian or   attorney ad litem is committed in a manner described by Sections   107.009(b)(1)-(3) [107.003(b)(1)-(4)].          SECTION 5.  Section 33.007(a), Family Code, is amended to   read as follows:          (a)  A court acting under Section 33.003 or 33.004 may issue   an order requiring the state to pay:                (1)  the cost of any attorney ad litem and any guardian   ad litem appointed for the minor or any attorney ad litem appointed   for an unborn child;                (2)  notwithstanding Sections 33.003(n) and 33.004(e),   the costs of court associated with the application or appeal; and                (3)  any court reporter's fees incurred.          SECTION 6.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 7.  This Act takes effect September 1, 2021.