Explanatory Statement

Chapter 33 of the Texas Family Code provides for judicial authorization of an unemancipated minor to consent to an abortion in Texas without notice to, or the consent of, a parent, managing conservator, or guardian. Sections 33.003 and 33.004, which govern proceedings in the trial and appellate courts, authorize the Court to make rules to ensure that judicial bypass applications are decided confidentially and promptly. See TEX. FAM. CODE §§ 33.003(l), 33.004(c). The statute also directs the Court to make forms for use in judicial bypass proceedings. Id. §§ 33.003(m), 33.004(d).

The Court approved the first set of rules and forms in 1999, following the enactment of Chapter 33. See Misc. Docket No. 99-9247 (Dec. 22, 1999); Act of May 25, 1999, 76th Leg., R.S., ch. 395, 1999 Tex. Gen. Laws 2466 (S.B. 30) (codified at TEX. FAM. CODE § 33.001 et seq.). In 2015, the Court amended the rules and forms to reflect the 2015 amendments to Chapter 33. See Misc. Docket No. 15-9246 (Dec. 29, 2015); Act of June 1, 2015, 84th Leg., R.S., ch. 436 (H.B. 3994). The 2022 amendments to the rules and forms reflect the enactment of Chapter 170A of the Texas Health and Safety Code. See Act of May 29, 2021, 87th Leg., R.S., ch. 800 (H.B. 1280) (codified at TEX. HEALTH & SAFETY CODE § 170A.001 et seq.).

The rules and forms do not reflect any judgment by the Court that Chapter 33, or any part of it, is constitutional. Constitutional questions should be resolved in an adversarial proceeding with full briefing and argument. Nor do the rules imply that abortion is—or is not—permitted in any specific situation. See, e.g., TEX. HEALTH & SAFETY CODE § 170A.002 (restrictions on abortions).

The notes and comments appended to the rules are intended to inform their construction and application by courts and practitioners.