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A BILL TO BE ENTITLED
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AN ACT
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relating to parental rights regarding cancer treatment for |
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children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter X, Chapter 161, Health |
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and Safety Code, as added by Chapter 819 (H.B. 1649), Acts of the |
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88th Legislature, Regular Session, 2023, is amended to read as |
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follows: |
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SUBCHAPTER X. [INFORMATION REGARDING RISK OF IMPAIRED FERTILITY |
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FROM] CANCER TREATMENTS FOR CHILDREN |
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SECTION 2. Subchapter X, Chapter 161, Health and Safety |
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Code, as added by Chapter 819 (H.B. 1649), Acts of the 88th |
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Legislature, Regular Session, 2023, is amended by adding Sections |
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161.6811 and 161.682 to read as follows: |
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Sec. 161.6811. DEFINITIONS. In this subchapter: |
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(1) "Child" means a person younger than 18 years of age |
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who: |
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(A) is not married; or |
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(B) has not had the disabilities of minority |
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removed for general purposes under Chapter 31, Family Code. |
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(2) "Parent" means a natural parent, stepparent, |
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adoptive parent, legal guardian, or other legal custodian of a |
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child. |
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Sec. 161.682. RIGHT TO ELECT CANCER TREATMENT. (a) |
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Notwithstanding any other law, a parent of a child who has been |
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diagnosed with cancer may elect for the child: |
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(1) to receive any available cancer treatment, |
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including an experimental treatment; or |
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(2) not to receive any cancer treatment. |
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(b) A health care provider, health benefit plan issuer, or |
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governmental entity, including the Department of Family and |
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Protective Services, may not penalize a parent for an election |
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authorized under Subsection (a). |
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SECTION 3. Section 161.681, Health and Safety Code, is |
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redesignated as Section 161.683, Health and Safety Code, and |
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amended to read as follows: |
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Sec. 161.683 [161.681]. NOTICE FOR CHILDREN RECEIVING |
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CHEMOTHERAPY OR RADIATION. (a) A health care facility at which a |
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child will begin receiving chemotherapy or radiation that may |
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directly or indirectly cause impaired fertility must, before the |
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treatment begins, notify the child's parents [or legal guardians] |
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of the risk of impaired fertility from treatment. |
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(b) The department shall develop and make available a |
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written notice for a health care facility to use for purposes of |
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this section. |
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SECTION 4. 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, 2025. |