Tex. Fam. Code § 33.004 · Chapter 33. NOTICE OF AND CONSENT TO ABORTION
APPEAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A minor whose application under Section 33.003 is denied may appeal to the court of appeals having jurisdiction over civil matters in the county in which the application was filed. On receipt of a notice of appeal, the clerk of the court that denied the application shall deliver a copy of the notice of appeal and record on appeal to the clerk of the court of appeals. On receipt of the notice and record, the clerk of the court of appeals shall place the appeal on the docket of the court.
(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 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 states 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 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 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.
(c-1) Notwithstanding Subsection (c), the court of appeals may publish an opinion relating to a ruling under this section if the opinion is written in a way to preserve the confidentiality of the identity of the pregnant minor.
(d) The clerk of the supreme court shall prescribe the notice of appeal form to be used by the minor appealing a judgment under this section.
(e) A filing fee is not required of and court costs may not be assessed against a minor filing an appeal under this section.
(f) An expedited confidential appeal shall be available to any pregnant minor to whom a court of appeals denies an application to authorize the minor to consent to the performance of an abortion without notification to or consent of a parent, managing conservator, or guardian.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 395, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 6, eff. January 1, 2016.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.33.htm
- Text hash
- sha256 238866c6c38d8b471668706f3a20b21b7efa4f3efac548e2ddc10bf1f94f844e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Fam. Code § 33.004. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 33.002PARENTAL NOTICE.Printed as Section 33.003 or 33.004
- Tex. Fam. Code § 33.007COSTS PAID BY STATE.Printed as Section 33.003 or 33.004 | Sections 33.003(n) and 33.004(e)
- Tex. Fam. Code § 33.0085DUTY OF JUDGE OR JUSTICE TO REPORT ABUSE OF MINOR.Printed as Section 33.003 or 33.004
- Tex. Fam. Code § 33.011INFORMATION RELATING TO JUDICIAL BYPASS.Printed as Sections 33.003 and 33.004
- Tex. Fam. Code § 33.012CIVIL PENALTY.Printed as Section 33.003 or 33.004
Health and Safety Code
Occupations Code
Rules and Forms for a Judicial Bypass of Parental Notice and Consent Under Chapter 33 of the Family Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.