Texas House Approves Bill Including Amendments Requiring Parental Consent, Restricting Access to Third-Trimester Abortion

Main Category: Abortion
Article Date: 21 May 2005 - 2:00 PDT

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The Texas House on Tuesday approved a measure... (SB 419) reauthorizing the State Board of Medical Examiners, which includes two abortion-related amendments, the Tyler Morning Telegraph reports (Tyler Morning Telegraph, 5/17). One of the amendments, which was proposed by state Rep. Will Hartnett (R) and approved by the House on Monday, would require physicians to obtain consent from a parent or guardian before performing an abortion on a minor (Martinez, Austin American-Statesman, 5/17). The amendment also would make failing to obtain a signed consent form a license violation for a physician, the Houston Chronicle reports. However, the amendment would allow for judicial bypass in cases of potential abuse or in cases where the minor is deemed mature enough to make the decision on her own (Elliott/Ross Hughes, Houston Chronicle, 5/17). Under current state law, parents of minors seeking abortion must be notified 48 hours before the procedure (Kaiser Daily Reproductive Health Report, 5/16).

Second Amendment
The bill also includes an amendment -- also sponsored by Hartnett and approved by the House on Monday -- that would make it illegal for a woman to obtain a third-trimester abortion unless it is necessary to save her life or if the fetus has "severe, irreversible brain impairment," the Fort Worth Star-Telegram reports (Dyer, Fort Worth Star-Telegram, 5/17). The amendment also would allow exceptions in cases where a woman is "diagnosed with a significant likelihood of suffering imminent, severe, irreversible brain damage or paralysis" (Houston Chronicle, 5/17). Under the provision, any physician convicted of performing a third-trimester abortion in violation of the law would have his or her medical license revoked (Brooks, Dallas Morning News, 5/17). Under current state law, doctors can perform late-term abortions if it is "necessary to prevent the death or a substantial risk of serious impairment to the physical or mental health of the woman" or if the "fetus has a severe and irreversible abnormality, identified by reliable diagnostic procedures" (Austin American-Statesman, 5/17). The bill now goes to the state Senate, where a vote is expected "any day," according to LifeNews.com (Ertelt, LifeNews.com, 5/17).

Parental Consent Bills
The Senate State Affairs Committee last week unanimously approved a parental consent measure (SB 1150) similar to the amendment attached to the reauthorization bill. The measure would change the state's current parental notification law by substituting the word "consent" for "notification." However, the remainder of the current law -- which charges physicians with a misdemeanor for violating the law but does not allow charges to be brought against minors undergoing the procedure -- would remain the same under the Senate measure. The state Senate bill also allows girls to seek a judicial bypass to avoid involving their parents in their decision to seek abortion. The Texas House last week failed to approve a similar stand-alone parental consent measure (HB 1212) that also would have made it a crime for parents or any other person to force a minor to undergo an abortion. The full state House never debated the legislation because of a technical error. The Senate bill is considered to be weaker than the rejected House bill (Kaiser Daily Reproductive Health Report, 5/16). Gov. Rick Perry (R) has said he would sign legislation requiring parental consent for minors seeking abortion (Dallas Morning News, 5/17).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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