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A BILL TO BE ENTITLED
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AN ACT
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relating to the capacity of a minor to consent to certain treatment |
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for the minor or the minor's child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 32, Family Code, is |
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amended to read as follows: |
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CHAPTER 32. CONSENT TO CERTAIN TREATMENT, CARE, AND SERVICES FOR |
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[OF] CHILD BY NON-PARENT, MINOR PARENT, OR CHILD |
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SECTION 2. Section 32.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child may consent to medical, dental, psychological, |
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and surgical treatment for the child by a licensed physician or |
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dentist if the child: |
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(1) is on active duty with the armed services of the |
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United States of America; |
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(2) is: |
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(A) 16 years of age or older and resides separate |
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and apart from the child's parents, managing conservator, or |
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guardian, with or without the consent of the parents, managing |
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conservator, or guardian and regardless of the duration of the |
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residence; and |
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(B) managing the child's own financial affairs, |
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regardless of the source of the income; |
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(3) consents to the diagnosis and treatment of an |
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infectious, contagious, or communicable disease that is required by |
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law or a rule to be reported by the licensed physician or dentist to |
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a local health officer or the Texas Department of Health, including |
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all diseases within the scope of Section 81.041, Health and Safety |
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Code; |
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(4) is unmarried and pregnant and consents to |
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hospital, medical, or surgical treatment, other than abortion, |
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related to the pregnancy; |
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(5) consents to examination and treatment for drug or |
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chemical addiction, drug or chemical dependency, or any other |
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condition directly related to drug or chemical use; |
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(6) is unmarried, is the parent of a child, and has |
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actual custody of that [his or her] child [and consents to medical, |
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dental, psychological, or surgical treatment for the child]; or |
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(7) is serving a term of confinement in a facility |
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operated by or under contract with the Texas Department of Criminal |
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Justice, unless the treatment would constitute a prohibited |
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practice under Section 164.052(a)(19), Occupations Code. |
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SECTION 3. Subchapter A, Chapter 32, Family Code, is |
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amended by adding Section 32.0031 to read as follows: |
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Sec. 32.0031. CONSENT TO TREATMENT OF CHILD BY MINOR |
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PARENT. A minor who is the parent of a child may consent to medical, |
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dental, psychological, and surgical treatment for the child by a |
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licensed physician or dentist if the minor: |
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(1) is unmarried; and |
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(2) has actual custody of the child. |
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SECTION 4. This Act takes effect September 1, 2025. |