By West                                                H.B. No. 272
         76R2254 CMR-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to consent for emergency care.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 773.008, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 773.008.  CONSENT FOR EMERGENCY CARE.  (a)  Except as
 1-7     provided by Subsection (b), consent [Consent] for emergency care of
 1-8     an individual is not required if:
 1-9                 (1)  the individual is:
1-10                       (A)  unable to communicate because of an injury,
1-11     accident, or illness or is unconscious; or [and]
1-12                       (B)  suffering from what reasonably appears to be
1-13     a life-threatening injury or illness;
1-14                 (2)  a court of record orders the treatment of an
1-15     individual who is in an imminent emergency to prevent the
1-16     individual's serious bodily injury or loss of life;  [or]
1-17                 (3)  the individual is a minor who is suffering from
1-18     what reasonably appears to be a life-threatening injury or illness
1-19     and whose parents, managing or possessory conservator, or guardian
1-20     is not present; or
1-21                 (4)  the individual objects to emergency care and a
1-22     licensed physician has informed the person providing the emergency
1-23     care that the individual is likely to be suffering from a
1-24     life-threatening injury or illness.
 2-1           (b)  Consent for emergency care of an individual is required
 2-2     if:
 2-3                 (1)  the individual has executed a directive relating
 2-4     to medical or emergency care of the individual, the provision of
 2-5     emergency care is in conflict with the directive, and the person
 2-6     providing the emergency care knows of the directive; or
 2-7                 (2)  the individual has stated or implied an objection
 2-8     based on religious reasons to the provision of emergency care.
 2-9           SECTION 2.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended,
2-14     and that this Act take effect and be in force from and after its
2-15     passage, and it is so enacted.