1-1                                   AN ACT

 1-2     relating to the witnessing provisions of the Natural Death Act.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 672.003(c), Health and Safety Code, is

 1-5     amended to read as follows:

 1-6           (c)  A witness may not be:

 1-7                 (1)  a person designated by the declarant to make a

 1-8     treatment decision;

 1-9                 (2)  a person related to the declarant by blood or

1-10     marriage;

1-11                 (3)  a person [(2)]  entitled to any part of the

1-12     declarant's estate after the declarant's death under a will or

1-13     codicil executed by the declarant or by operation of law;

1-14                 (4) [(3)]  the attending physician;

1-15                 (5) [(4)]  an employee of the attending physician;

1-16                 (6) [(5)]  an employee of a health care facility in

1-17     which the declarant is a patient if the employee is providing

1-18     direct patient care to the declarant or is an officer, director,

1-19     partner, or business office employee of the health care facility or

1-20     of any parent organization of the health care facility [is directly

1-21     involved in the financial affairs of the facility];

1-22                 [(6)  a patient in a health care facility in which the

1-23     declarant is a patient;] or

1-24                 (7)  a person who, at the time the written directive is

 2-1     executed or if the directive is a nonwritten directive issued under

 2-2     Section 672.005, at the time the nonwritten directive is issued,

 2-3     has a claim against any part of the declarant's estate after the

 2-4     declarant's death.

 2-5           SECTION 2.  Section 672.004, Health and Safety Code, is

 2-6     amended to read as follows:

 2-7           Sec. 672.004.  FORM OF WRITTEN DIRECTIVE.  A written

 2-8     directive may be in the following form:

 2-9                          "DIRECTIVE TO PHYSICIANS

2-10           "Directive made this __________ day of __________ (month,

2-11     year).

2-12           "I __________, being of sound mind, wilfully and voluntarily

2-13     make known my desire that my life shall not be artificially

2-14     prolonged under the circumstances set forth in this directive.

2-15           "1.  If at any time I should have an incurable or

2-16     irreversible condition caused by injury, disease, or illness

2-17     certified to be a terminal condition by two physicians, and if the

2-18     application of life-sustaining procedures would serve only to

2-19     artificially postpone the moment of my death, and if my attending

2-20     physician determines that my death is imminent or will result

2-21     within a relatively short time without the application of

2-22     life-sustaining procedures, I direct that those procedures be

2-23     withheld or withdrawn, and that I be permitted to die naturally.

2-24           "2.  In the absence of my ability to give directions

2-25     regarding the use of those life-sustaining procedures, it is my

2-26     intention that this directive be honored by my family and

2-27     physicians as the final expression of my legal right to refuse

 3-1     medical or surgical treatment and accept the consequences from that

 3-2     refusal.

 3-3           "3.  If I have been diagnosed as pregnant and that diagnosis

 3-4     is known to my physician, this directive has no effect during my

 3-5     pregnancy.

 3-6           "4.  This directive is in effect until it is revoked.

 3-7           "5.  I understand the full import of this directive and I am

 3-8     emotionally and mentally competent to make this directive.

 3-9           "6.  I understand that I may revoke this directive at any

3-10     time.

3-11                 "Signed ___

3-12     (City, County, and State of Residence)

3-13           I am not a person designated by the declarant to make a

3-14     treatment decision.  I am not related to the declarant by blood or

3-15     marriage.  I would not be entitled to any portion of the

3-16     declarant's estate on the declarant's death.  I am not the

3-17     attending physician of the declarant or an employee of the

3-18     attending physician.  [I am not a patient in the health care

3-19     facility in which the declarant is a patient.]  I have no claim

3-20     against any portion of the declarant's estate on the declarant's

3-21     death.  Furthermore, if I am an employee of a health care facility

3-22     in which the declarant is a patient, I am not involved in providing

3-23     direct patient care to the declarant and am not an officer,

3-24     director, partner, or business office employee of the health care

3-25     facility or of any parent organization of the health care facility

3-26     [directly involved in the financial affairs of the health

3-27     facility].

 4-1                 "Witness ___

 4-2                 "Witness ___"

 4-3           SECTION 3.  Sections 672.009(d) and (e), Health and Safety

 4-4     Code, are amended to read as follows:

 4-5           (d)  A treatment decision made under Subsection (b) must be

 4-6     documented in the patient's medical record and signed by the

 4-7     attending physician [made in the presence of at least two witnesses

 4-8     who possess the same qualifications as are required by Section

 4-9     672.003(c)].

4-10           (e)  If the patient does not have a legal guardian and a

4-11     person listed in Subsection (b) is not available, a treatment

4-12     decision made under Subsection (b) must be witnessed by another

4-13     physician who is not involved in the treatment of the patient.

4-14           (f) [(e)]  The fact that an adult qualified patient has not

4-15     executed or issued a directive does not create a presumption that

4-16     the patient does not want a treatment decision to be made to

4-17     withhold or withdraw life-sustaining procedures.

4-18           SECTION 4.  This Act takes effect January 1, 1998, and

4-19     applies to a directive executed on or after that date.  A directive

4-20     executed before January 1, 1998, is governed by the law in effect

4-21     when the directive was executed, and the former law is continued in

4-22     effect for that purpose.

4-23           SECTION 5.  The importance of this legislation and the

4-24     crowded condition of the calendars in both houses create an

4-25     emergency and an imperative public necessity that the

4-26     constitutional rule requiring bills to be read on three several

4-27     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 880 was passed by the House on April

         10, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 880 was passed by the Senate on May

         13, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor