Texas Lawmaker Removes Abortion Parental Consent Measure, Says Language Similar to Legislation in House-Approved Bill

Main Category: Abortion
Article Date: 31 May 2005 - 0:00 PDT

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Texas Rep Phil King (R) on Sunday removed from consideration in the state House a bill... (SB 1150) that would have required parental consent for minors seeking abortion in the state, saying that similar language attached to a bill (SB 419) reauthorizing the State Board of Medical Examiners likely will receive final approval, the Houston Chronicle reports (Robison, Houston Chronicle, 5/23). King also said that opponents of SB 1150 found two parliamentary violations in the measure that could have blocked the bill's passage, according to the Chronicle (Ross Hughes, Houston Chronicle, 5/24). Under current state law, parents of minors seeking abortion must be notified in writing 48 hours before the procedure takes place. SB 1150, which the state Senate approved 24-5 last week, would have changed the law by substituting the word "consent" for "notification." However, the remainder of the current law -- under which physicians could be charged with a misdemeanor for violating the law but disallows charges to be brought against minors undergoing the procedure -- would have remained the same. The bill also would have allowed for judicial bypass in certain situations (Kaiser Daily Reproductive Health Report, 5/20).

Next Steps
Similar to SB 1150, an amendment to SB 419 would require physicians to obtain consent from a parent or guardian before performing abortion on a minor, the Dallas Morning News reports (Brooks, Dallas Morning News, 5/23). The only major difference between SB 1150 and the parental consent amendment attached to SB 419 is the punishment for physicians who violate the measure, the AP/WOAI reports. SB 1150 would have imposed a fine of up to $10,000 on doctors who perform the procedure without parental consent of the minor, but the amendment to SB 419 would allow the removal of a physician's license (Grissom, AP/WOAI, 5/23). However, state Sen. Chris Harris (R) said that language in the SB 419 amendment could be unconstitutional, according to the Chronicle. The amendment contains wording stating that a physician could perform an abortion to avoid the death of a minor or "substantial impairment" of a major bodily function of a minor if "there is insufficient time to obtain the consent of the child's parent, managing conservator or legal guardian," according to the Chronicle. Identical language has been struck down as unconstitutional by federal courts, according to Harris, the Chronicle reports. State Sen. Jane Nelson (R), author of SB 419, has requested that a House-Senate conference committee work together to agree on the language. King said, "I think the language is fine, but if there is a problem, we can correct it in the conference committee". King said he is certain that the state Senate will approve SB 419 with the abortion-related amendments intact before the lawmakers adjourn next week (Houston Chronicle, 5/24). If approved, SB 419 would go to Gov. Rick Perry (R), who has said that he would sign a parental consent bill (Ellis, Dallas Morning News, 5/23). SB 419 also includes an amendment that would prohibit a doctor from performing a third-trimester abortion except when necessary to protect a woman's life or when the fetus has severe brain damage (Houston Chronicle, 5/23).

"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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