Sen. Rodríguez statement on HB 3994, an anti-abortion bill that endangers judges and teens
Austin – Sen. José Rodríguez released the following statement on H.B. 3994, an anti-abortion bill that passed to third reading in the Senate today:
H.B. 3994, an anti-abortion bill that would restrict minors’ ability to seek court approval for an abortion without consent of parents or guardians, places severe, and likely unconstitutional, restrictions on the judicial bypass process. Among the provisions:
- It limits available venues in which to seek a judge’s authorization to the minor’s county in residence, or if the county is less than 10,000, to a neighboring county. Frankly, this endangers both judges and minors; we have seen people associated with abortion targeted by violence, and forcing people to seek a decision in the same small community where they live is certain to deny them the right to privacy and security when making these very difficult decisions.
- It increases the evidentiary standard for a minor to make the case for judicial bypass from “preponderance of evidence” to “clear and convincing” evidence.
This process has been a safety net for abused and neglected teenagers who have no adults to turn to for help. It is rarely used, but when it is, it’s for a good reason. The proponents of this bill were not able to articulate any medical or legal rationale for these multiple changes to the bypass procedure, and H.B. 3994 seems to have no true purpose other than animus against abortion. I offered multiple amendments to ease the burden on minors who are compelled to seek help through the process, including to ability to increase available venue and maintain the burden of proof currently placed on a minor who already is dealing with an extremely difficult situation. These were not accepted.
The changes this bill would impose must be considered in the context to the dramatic changes H.B. 2 made in this state since 2013. The waiting periods, and multiple, medically unnecessary trips to the abortion clinic, are a particular burden on teens. The dramatic closures of clinics mean lack of access to clinics geographically or because of the large volumes the few remaining clinics must handle. For a procedure that is not even surgical and is a safe procedure, these state laws have no purpose other than to prevent access to abortion.
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José Rodríguez represents Texas Senate District 29, which includes the counties of El Paso, Hudspeth, Culberson, Jeff Davis, and Presidio. He represents both urban and rural constituencies, and more than 350 miles of the Texas-Mexico border. Senator Rodríguez currently serves as the Chairman of the Senate Hispanic Caucus, and is a member of the Senate Committees on Education; Health and Human Services; Veteran Affairs and Military Installations; Nominations; and Agriculture, Water, and Rural Affairs.
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