« HCDP Brownbag Rescheduled to May 11 | Main | Is this a sign of things to come? »

May 09, 2005

They must be having a bad bill contest in the Lege - HB 1212

This one will definitely be a finalist. HB 1212, eupemistically called a "Parents Rights Bill", would make it a felony to coerce a child into having an abortion. Go to the Texas Legislature web site for contact information for your Representative and oppose this bill!

From Come and Take It:

The legislation would make it a crime for anyone to coerce a child into an abortion. If this provision passes, parents could get hauled into court for strongly urging their child to end a pregnancy. How can the state demand that parents be responsible for the choice, and then penalize them if they make a particular choice? That, in effect, coerces teens to bear unwanted children.

The bill has the following provisions (from Daily Kos):


  • When parents are "hauled into court" for urging their pregnant daughter to consider an abortion, they won't be facing just a minor charge, but a "state jail felony."

  • If a teenager's parents are aware of her pregnancy and oppose her clearly stated desire to have an abortion, it doesn't matter whether she's a 17 year-old who already has a 6 month-old baby or a gang-raped 14 year-old, because the debate stops right there: she is compelled by law to bear a child she doesn't want to have.

  • If she applies for a judicial bypass of the parental consent requirement, her hearing can be delayed for 5 days instead of the 2 days permitted by current law. Appeals will be delayed for 10 days - and that can be the difference between a first and a second trimester procedure.

  • The judge must appoint a guardian ad litem who cannot be the minor's own attorney, but may be a psychiatrist, a psychologist, a member of the clergy, or an "appropriate employee of the Department of Family and Protective Services" - and we all know how well that's worked out in Florida.

  • Judicial bypass will have venue restrictions. HB 1212 says that a bypass can only be applied for in the county where the minor lives or in the county where her abortion will be performed - which for the average small town teenager without transportation in a state the size of France, means that the option might as well not exist at all.

  • If a teenager does somehow manage to make it into court, she must meet a burden of proof much heavier than it is now. Instead of a "preponderance of the evidence," she will have to present "clear and convincing evidence" that she is subject to abuse. Legal experts testified in the House committee hearing that this could force her to present witnesses to testify on her behalf, further endangering her confidentiality and safety.

Posted by Lyn Wall at May 9, 2005 01:42 PM | Permalink

Trackback Pings

TrackBack URL for this entry:
http://www.houstondemocrats.com/cgi-bin/mt-tb.cgi/207

Listed below are links to weblogs that reference They must be having a bad bill contest in the Lege - HB 1212:

» HB1212 from Off the Kuff
Via Lyn, I see that HB1212 is the bill du jour today, and it's another in a long line of... [Read More]

Tracked on May 10, 2005 01:07 PM

Comments

Update on the progress of this abomination of a bill:

In tonight's House session, Phil King rose to introduce HB 1212 with the customary simplistic talking points used to market "parental rights" bills to the masses. But King barely had time to burble out that a minor can't get a tattoo or an ear-piercing without her mama's signature before Rep. Jim Dunnam of Waco, Chair of the House Democratic Caucus, cut him off with a point of order.

:: 20 minutes of crickets chirping ::

Then they turned the microphones back on, and we were treated to the sound of Republicans getting testy.

It seems that the text of the committee version of the bill erroneously listed Democratic Rep. Ryan Guillen as a co-author. In keeping with House precedent, Dunnam wanted the bill sent all the way back to committee for correction, but Craddick refused, insisting that a reprinting by the clerk's office would suffice.

When Dunnam asked for the precedent for such a decision, Craddick brusquely informed him that "you just saw precedent made."

The deadline for calendar scheduling looms, and Beverly Wooley, Republican Chair of the Committee on Calendars, even made a panicky motion for an immediate meeting of the committee in order to reschedule the bill.

Wooley withdrew her motion almost at once, probably because she can't get the bill back onto a calendar until it's corrected. Something tells me that the mimeograph machine in the clerk's office will be running hot tonight.

Crossposted at Come and Take It!

Posted by: moiv at May 10, 2005 09:49 PM

Thanks for the update moiv. We really have to fight this one.

Posted by: Lyn Wall at May 11, 2005 07:41 AM

This session of the Texas Legislature saw 13 anti-choice bills introduced -- 10 in the House and 3 in the Senate. And in the House, only HB 1212 even made it out to the floor.

Phil King, author of this wonder of a parental rights bill that could have sent parents to jail for suggesting their daughter have an abortion, made an altruistic show of falling on his sword to help make sure today's House business got finished by the midnight deadline. He allowed that yet another sustainable point of order had been made against his bill, and asked that it be "placed on the table, subject to call."

There has been no action at all on two of the Senate's anti-woman, anti-freedom, anti-privacy bills since they were referred to committee. But HB 1212 has an identical companion bill in the Senate, SB 1150, which was rushed into public hearing this afternoon by the State Affairs Committee.

The public testimony on the bill lasted about two minutes, the only in-person testimony being provided by the Texas Alliance for Life. Since the vice-chair of the committee is Tommy Williams, the biggest misogynist in the Senate bar none, there is no reason to believe it won't be passed out favorably. But that doesn't mean that the Senate will pass SB 1150, or even vote on it -- as they won't if 11 Senate Dems stand strong and refuse to suspend the rules in order to consider it, as they did with Mary Denny's scurrilous attempt to restore Jim Crow. And as we have already seen, the House Dems stand ready to nitpick it to pieces.

So even though it's not completely over yet, the situation is looking better than I would have believed possible a couple of weeks ago. At least a woman in Texas won't be driving 200-300 miles just to get her "doctor talk" 24 hours before her abortion, or lose her right to say "no" to the state's factually challenged "informational materials" -- a bit of statutory repression found unconstitutional in a 2003 federal challenge to the same requirement in an Alabama law.

I'm almost ready to send a thank-you note to Tom DeLay. I've come to suspect that some of the usually impervious Lege Republicans might actually be paying attention to their constituents' calls, emails and letters opposing this and other anti-choice bills, if only out of a newborn fear of losing their body armor and having to wear DeLay's dirty laundry instead in 2006.

"Pssst! C'mere a minute. Y'all didn't mess up and find places for all them abortion bills on the calendars already, didja? Well, good ... listen, the less said the better, but let's just keep it that way."

But still . . . the session's not over until Mary Denny leaves town for her honeymoon, and right now another round of calls and emails to our senators sure couldn't hurt.

Posted by: moiv at May 12, 2005 11:46 PM

Email From Joe Nixon:


Dear Ms. Wall,



Thank you for contacting me regarding HB 2568 and HB 1212. I appreciate constituents who take the time to contact me about the various issues that arise during the legislative session.

You will be pleased to know that neither HB 2568, nor HB 1212 will be considered on the House floor this session, as the deadline for considering House bills has passed, and neither of these bills were heard in time. I will be sure to keep your thoughts in mind should legislation surrounding these issues come up again.

If I may be of any additional assistance regarding this or any other issue, please do not hesitate to contact me again. It is an honor to serve you in the Texas House of Representatives.

Very truly yours,


Joe Nixon


State Representative - District 133


Posted by: Lyn Wall at May 13, 2005 03:41 PM

Post a comment




Remember Me?

(you may use HTML tags for style)

Clicking the Post button signifies that you agree to adhere to the Comment Policy
« HCDP Brownbag Rescheduled to May 11 | Main | Is this a sign of things to come? »