81R3063 SJM-D
By: Howard of Travis H.B. No. 1455
A BILL TO BE ENTITLED
AN ACT
relating to the award of attorney's fees, costs, and certain
damages in a proceeding to revoke a medical power of attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 166.165, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The court shall award reasonable attorney's fees and
court costs to the prevailing party. The court may award other
appropriate relief, including the health care costs incurred during
an unwarranted delay in the revocation of a medical power of
attorney.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.