Bill Caption

Relating to notice of and consent to an abortion for a minor; amending provisions subject to a criminal penalty.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 3994 would make the following changes to Chapter 33 (Notice of Abortion) of the Family Code:

• A physician would be required to presume that a pregnant woman is a minor unless the minor presents a valid government identification.

• A physician would not be allowed to perform an abortion on a minor without the consent of the parents or guardian.

• A pregnant minor would be allowed to file an application for a court order for an abortion without notification and consent of a parent. Current statute applies this to both parents.

• A pregnant minor would be required to appear in person before the court hearing regarding the abortion request.  

• The Court could now make a ruling on the application within a five day period instead of two days.

• The Court would be required to determine that a minor requesting an abortion has presented “clear and convincing evidence” that the child attempted to notify and request consent of an abortion from a parent.

• This legislation would add new provisions regarding relevant factors that a court must consider before ruling on the application for an abortion by a minor.  One of these factors would require the minor to be evaluated by a licensed mental health counselor.

• New regulations would address court procedures on the handling of information regarding minor requests for an abortion.  

• A minor’s claim that she is being physically or sexually abused would constitute a reason for the physician to believe that abuse has occurred. 

Vote Recommendation Notes

5/21/2015 update: 

No changes have been made to this bill in the Senate committee. The second chamber sponsor is Senator Perry. 

First chamber recommendation:

Our policy is to not recommend for or against bills dealing primarily with social issues; thus we stand neutral on HB 3994.