Texas House Bill HB353

Texas 2009 - 81st Regular

Caption

Relating to certain health care rights of domestic partners.

Impact

If enacted, HB 353 would significantly impact Texas statutes that govern health care rights. The legislation expands the consent and decision-making framework for medical treatment to include domestic partners. This means that should an individual become incapacitated without a legal guardian or agent for health care decisions, their domestic partner can step in as a primary decision-maker. Additionally, hospitals and licensed facilities will be mandated to allow visitation rights for domestic partners, further aligning with the recognition of domestic partnerships in health-related scenarios.

Summary

House Bill 353 aims to enhance the health care rights of domestic partners in Texas. The bill amends several provisions of the Health and Safety Code to ensure that domestic partners are recognized similarly to spouses in matters of health care, including decision-making on treatment, visitation rights in medical facilities, and rights surrounding the disposition of remains. This intended recognition promotes equality, particularly for unmarried couples and those who have established a domestic partnership but lack the formal legal framework of marriage.

Contention

There may be notable points of contention related to HB 353, particularly concerning the legal and social implications of expanding domestic partnership rights. Opponents may argue that such measures could complicate existing laws surrounding marriage and family and may raise concerns regarding the recognition of relationships that do not fit traditional definitions of family. Furthermore, discussions may also arise regarding the sufficiency of the proposed documentation to prove the existence of a domestic partnership, as this could potentially lead to disputes in critical health-related situations.