Rule 2.1 - Where to File an Application; Court Assignment and Transfer; Application Form(a)Counties in which an application may be filed. An application for an order under Section 33.003, Family Code, may be filed in any county, regardless of the minor's residence or where the abortion sought is to be performed.(b)Courts in which an application may be filed; assignment and transfer.(1)Courts with jurisdiction. An application may be filed in a district court (including a family district court), a county court-at-law, or a court having probate jurisdiction.(2)Application filed with district or county clerk. An application must be filed with either the district clerk or the county clerk, who will assign the application to a court as provided by local rule or these rules. The clerk to whom the application is tendered cannot refuse to accept it because of any local rule or other rule or law that provides for filing and assignment of such applications but must accept the application and transfer it instanter to the proper clerk, advising the person tendering the application where it is being transferred.(3)Court assignment and transfer by local rule. The courts in a county that have jurisdiction to hear applications may determine by local rule how applications will be assigned between or among them. A local rule must be approved by the Supreme Court under Rule 3a, Texas Rules of Civil Procedure.(4)Initial court assignment if no local rule. Absent a local rule, the clerk that files an application - whether the district clerk or the county clerk - must assign it as follows:(i) to a district court, if the active judge of the court, or a judge assigned to it, is then present in the county;(ii) if the application cannot be assigned under (i), then to a statutory county or probate court, if the active judge of the court, or a judge assigned to it, is then present in the county;(iii) if the application cannot be assigned under (i) or (ii), then to the constitutional county court, if it has probate jurisdiction, and if the active judge of the court, or a judge assigned to it, is then present in the county;(iv) if the application cannot be assigned under (i), (ii), or (iii), then to the district court.(5)Judges who may hear and determine applications. An application may be heard and determined (i) by the active judge of the court to which the application is assigned, or (ii) by any judge authorized to sit for the active judge, or (iii) by any judge who may be assigned to the court in which the application is pending. An application may not be heard or determined, or any proceedings under these rules conducted, by a master or magistrate.(c)Application form. An application consists of two pages: a cover page and a separate verification page.(1)Cover page. The cover page may be submitted on Form 2A, but use of the form is not required. The cover page must be styled "In re Jane Doe" and must not disclose the name of the minor or any information from which the minor's identity could be derived. The cover page must state: (A) that the minor is pregnant;(B) that the minor is unmarried, is under 18 years of age, and has not had her disabilities removed under Chapter 31, Family Code;(C) that the minor wishes to have an abortion without notifying either of her parents or a managing conservator or guardian, and the statutory ground or grounds on which she relies;(D) whether the minor has retained an attorney, and if so, the attorney's name, address, and telephone number;(E) whether the minor requests the court to appoint a particular person as her guardian ad litem; and(F) whether, concerning her current pregnancy, the minor has previously filed an application that was denied, and if so, where the application was filed.(2)Verification page. The verification page may be submitted on Form 2B, but use of the form is not required. The verification page must be separate from the cover page, must be signed under oath by the person completing the application, and must state: (A) the minor's full name and date of birth;(B) the name, address, telephone number, and relationship to the minor of any person the minor requests the court to appoint as her guardian ad litem;(C) a telephone or pager number - whether that of the minor or someone else (such as a physician, friend, or relative) - at which the minor may be contacted immediately and confidentially until an attorney is appointed to represent her; and(D) that all information contained in the application, including both the cover page and the verification page, is true.(d)Time of filing. An application is filed when it is actually received by the district or county clerk.Tex. Parent. Noti. R. And. Form. 2.1
Amended effective 3/1/2007.