H.B. No. 2765
relating to the definition of a legally authorized representative
under the Texas Hospital Licensing Law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 241.151(5), Health and Safety Code, is
amended to read as follows:
(5) "Legally authorized representative" means:
(A) a parent or legal guardian if the patient is a
,] a legal guardian if the patient has been
adjudicated incapacitated to manage the patient's personal
(C) [ ,] an agent of the patient authorized under
a durable power of attorney for health care;
(D) [ ,] an attorney ad litem appointed for the
(E) a person authorized to consent to medical
treatment on behalf of the patient under Chapter 313;
(F) [ ,] a guardian ad litem appointed for the
(G) [ ,] a personal representative or heir of the
patient, as defined by Section 3, Texas Probate Code, [ statutory
beneficiary] if the patient is deceased;
(H) [ ,] an attorney retained by the patient or by
the patient's legally authorized representative; or
(I) a person exercising a power granted to the
person in the person's capacity as [ , or] an attorney–in–fact or
agent of the patient by a statutory durable power of attorney that
is signed by the patient as principal.
SECTION 2. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2765 was passed by the House on May
13, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2765 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate