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A BILL TO BE ENTITLED
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AN ACT
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relating to advance directives and health care and treatment |
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decisions to withhold or withdraw life-sustaining treatment; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.251(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Notwithstanding any other law and subject to Subsection |
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(b) and Section 74.252, no health care liability claim may be |
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commenced unless the action is filed within two years from the |
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occurrence of the breach or tort or from the date the medical or |
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health care treatment that is the subject of the claim or the |
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hospitalization for which the claim is made is completed; provided |
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that, minors under the age of 12 years shall have until their 14th |
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birthday in which to file, or have filed on their behalf, the claim. |
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Except as herein provided this section applies to all persons |
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regardless of minority or other legal disability. |
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SECTION 2. Subchapter F, Chapter 74, Civil Practice and |
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Remedies Code, is amended by adding Section 74.252 to read as |
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follows: |
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Sec. 74.252. EXCEPTIONS. Notwithstanding any other law, a |
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health care liability claim arising from withholding or withdrawing |
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life-sustaining treatment from a patient in violation of Subchapter |
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B, Chapter 166, Health and Safety Code, is not subject to a |
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limitations period. |
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SECTION 3. Subchapter G, Chapter 74, Civil Practice and |
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Remedies Code, is amended by adding Section 74.304 to read as |
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follows: |
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Sec. 74.304. EXCEPTIONS. This subchapter does not apply to |
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a health care liability claim arising from the withholding or |
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withdrawing of life-sustaining treatment from a patient in |
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violation of Subchapter B, Chapter 166, Health and Safety Code. |
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SECTION 4. Section 166.045(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 166.048(c), a [A] |
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physician, health care facility, or health care professional who |
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has no knowledge of a directive is not civilly or criminally liable |
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for failing to act in accordance with the directive. |
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SECTION 5. Section 166.048, Health and Safety Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) Regardless of knowledge of a directive, a person commits |
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an offense if the person causes a patient's death by withdrawing or |
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withholding life-sustaining treatment from the patient: |
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(1) contrary to: |
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(A) the patient's validly executed or issued |
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directive; or |
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(B) a health care or treatment decision made by |
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the patient or on behalf of the patient by a person authorized to |
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make such decisions under this chapter; and |
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(2) in violation of Section 166.045(c) or 166.046. |
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(d) An offense under Subsection (c) is a felony of the first |
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degree. |
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SECTION 6. Sections 74.252 and 74.304, Civil Practice and |
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Remedies Code, as added by this Act, apply only to a cause of action |
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that accrues on or after the effective date of this Act. |
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SECTION 7. Section 166.048, Health and Safety Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2025. |