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A BILL TO BE ENTITLED
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AN ACT
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relating to the capacity of certain minors to consent to |
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examination and postpartum or contraception-related medical |
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treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child may consent to medical, dental, psychological, |
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and surgical treatment for the child by a licensed physician or |
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dentist if the child: |
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(1) is on active duty with the armed services of the |
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United States of America; |
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(2) is: |
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(A) 16 years of age or older and resides separate |
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and apart from the child's parents, managing conservator, or |
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guardian, with or without the consent of the parents, managing |
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conservator, or guardian and regardless of the duration of the |
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residence; and |
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(B) managing the child's own financial affairs, |
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regardless of the source of the income; |
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(3) consents to the diagnosis and treatment of an |
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infectious, contagious, or communicable disease that is required by |
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law or a rule to be reported by the licensed physician or dentist to |
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a local health officer or the [Texas] Department of State Health |
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Services, including all diseases within the scope of Section |
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81.041, Health and Safety Code; |
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(4) is unmarried and pregnant or recently pregnant and |
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consents to hospital, medical, or surgical treatment, other than |
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abortion, related to the pregnancy, including postpartum medical |
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treatment; |
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(5) consents to examination and treatment for drug or |
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chemical addiction, drug or chemical dependency, or any other |
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condition directly related to drug or chemical use; |
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(6) is unmarried, is the parent of a child, and has |
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actual custody of his or her child and consents to medical, dental, |
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psychological, or surgical treatment for the child; [or] |
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(7) is serving a term of confinement in a facility |
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operated by or under contract with the Texas Department of Criminal |
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Justice, unless the treatment would constitute a prohibited |
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practice under Section 164.052(a)(19), Occupations Code; or |
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(8) is unmarried, is the mother of a child, and |
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consents to examination or contraception-related medical |
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treatment, other than abortion. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |