House passes abortion measures. Parental consent, changes to third-trimester abortion limits win strong support.
By Michelle M. Martinez
American-Statesman Staff The state House on Monday passed a measure that would require underage girls to have a parent's permission before getting an abortion. But advocates on both sides of the issue say its effects are unlikely to be far-reaching because minors must already notify their parents before having abortions. "For most teens, whether you have to notify a parent or get actual consent, it's the same," said Sarah Wheat, a spokeswoman for NARAL Pro-Choice Texas. "For teens who talk to their parents, this doesn't have any effect. I don't think we'll see a big difference in the number of abortions." Wheat's group had been concerned about a similar, though more restrictive, proposal by Rep. Phil King, R-Weatherford, that died last week in the House on a technical error. That measure would have required courts to report how many minors receive waivers to the parental consent law and made it more difficult for girls to receive such waivers. Texas law allows girls to ask a judge to waive the notification requirement if they feel that telling their parents could result in abuse. That provision would be maintained under the parental consent measure approved Monday. House members Monday also approved an amendment that would make it more difficult for women to get abortions during the last three months of their pregnancy. Rep. Will Hartnett, R-Dallas, tacked the parental consent provision onto a Senate proposal that would renew the existence of three state boards and that included a list of prohibited acts by doctors. The amendment passed 117-19, with Austin Democrats Dawnna Dukes, Elliott Naishtat and Eddie Rodriguez voting against it. A Senate committee has also approved a parental consent requirement, though the full Senate has yet to vote on it. Stacey Emick, legislative director for Texas Right to Life, said requiring consent could be a mental deterrent to minors, but she doesn't think it will have much impact. Before they passed the parental consent measure, lawmakers spent a couple of hours debating the separate Hartnett amendment to change the rules for abortion in the third trimester,which begins with the 28th week of pregnancy. Currently, doctors can perform abortions in the third trimester if "the abortion 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." Under Hartnett's proposal, a woman's mental health and a fetus' abnormalities — other than severe, irreversible brain damage — would no longer be factors in deciding whether to perform a third-trimester abortion. "Mental health of the mother, to me, absolutely should not be a factor in deciding to kill a viable human being," Hartnett said after the vote. "With modern science, a child with significant physical abnormalities can still function and contribute and have a decent life. My feeling has always been if you have your mind, the rest of it is secondary. There's a lot of people who have severe physical impairments who have a fine life." There were 79,166 abortions in Texas in 2003, according to state data provided by Hartnett's office. Of those, 48 were after the 26th week. During the debate, Rep. Patrick Rose, D-Dripping Springs, argued unsuccessfully against Hartnett's proposal. "If a woman is in the third trimester, she and her husband and her doctor have to make the very difficult decisions," said Rose, who ultimately voted for the amendment. "I would like to err on the side of giving medical professionals the choice." Hartnett's amendment passed 118-16. Central Texans voting against it were Dukes, Naishtat and Rodriguez.
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