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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of a parent appointed as a conservator of a |
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child to inform the child's other conservator of certain medical |
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emergencies involving the child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.076, Family Code, is amended by |
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adding Subsections (b-2) and (c-2) and amending Subsection (d) to |
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read as follows: |
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(b-2) The court shall order that each conservator of a child |
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has a duty to inform the other conservator of the child if: |
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(1) the child is diagnosed with a critical or terminal |
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illness; or |
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(2) the custodial parent has decided to withdraw or |
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withhold life-sustaining treatment. |
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(c-2) The notice required to be made under Subsection (b-2) |
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must be made not later than one hour after the time the conservator |
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received notice of the child's diagnosis or made the decision |
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regarding treatment, as applicable. The notice required to be made |
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under Subsection (b-2)(2) must provide the conservator receiving |
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notice an opportunity to visit the child for at least one hour |
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without interference from the other conservator or any other person |
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associated with that conservator. |
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(d) A conservator commits an offense if the conservator |
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fails to provide notice in the manner required by Subsections (b) |
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and (c), [or] Subsections (b-1) and (c-1), or Subsections (b-2) and |
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(c-2), as applicable. An offense under this subsection is a Class C |
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misdemeanor. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made by this Act to Section 153.076, |
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Family Code, apply only to a court order rendered on or after the |
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effective date of this Act. A court order rendered before that date |
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is governed by the law in effect on the date the order was rendered, |
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and the former law is continued in effect for that purpose. |
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(b) A person may bring a suit to modify a court order |
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rendered before September 1, 2019, under Section 153.076, Family |
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Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |