Texas 2009 - 81st Regular

Texas House Bill HB353 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R941 MSE-D
2	2	By: Rodriguez H.B. No. 353
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain health care rights of domestic partners.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 166.004(d), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(d) If, at the time notice is to be provided under
12	12	Subsection (c), the individual is incompetent or otherwise
13	13	incapacitated and unable to receive the notice required by this
14	14	section, the provider shall provide the required written notice, in
15	15	the following order of preference, to:
16	16	(1) the individual's legal guardian;
17	17	(2) a person responsible for the health care decisions
18	18	of the individual;
19	19	(3) the individual's spouse or domestic partner as
20	20	defined by Section 257.001;
21	21	(4) the individual's adult child;
22	22	(5) the individual's parent; or
23	23	(6) the person admitting the individual.
24	24	SECTION 2. Section 166.039(b), Health and Safety Code, is
25	25	amended to read as follows:
26	26	(b) If the patient does not have a legal guardian or an agent
27	27	under a medical power of attorney, the attending physician and one
28	28	person, if available, from one of the following categories, in the
29	29	following priority, may make a treatment decision that may include
30	30	a decision to withhold or withdraw life-sustaining treatment:
31	31	(1) the patient's spouse or domestic partner as defined
32	32	by Section 257.001;
33	33	(2) the patient's reasonably available adult children;
34	34	(3) the patient's parents; or
35	35	(4) the patient's nearest living relative.
36	36	SECTION 3. Subtitle B, Title 4, Health and Safety Code, is
37	37	amended by adding Chapter 257 to read as follows:
38	38	CHAPTER 257. HEALTH FACILITY VISITATION
39	39	Sec. 257.001. DEFINITION. In this chapter, "domestic
40	40	partnership" means a relationship between two individuals who:
41	41	(1) agree to be in a relationship of mutual
42	42	interdependence in which each individual contributes to the
43	43	maintenance and support of the other individual and the
44	44	relationship, even if both individuals are not required to
45	45	contribute equally to the relationship;
46	46	(2) are at least 18 years old;
47	47	(3) are not related within the third degree of
48	48	affinity or consanguinity;
49	49	(4) are not married or in a civil union recognized in
50	50	any other jurisdiction; and
51	51	(5) are not in another relationship described by
52	52	Subdivision (1).
53	53	Sec. 257.002. PROOF OF DOMESTIC PARTNERSHIP. An individual
54	54	who asserts a domestic partnership under Section 257.001 may be
55	55	required to provide:
56	56	(1) an affidavit signed under penalty of perjury by
57	57	two individuals stating that they have established a domestic
58	58	partnership; and
59	59	(2) proof of any two of the following documents:
60	60	(A) joint liability of the individuals for a
61	61	mortgage, lease, or loan;
62	62	(B) the designation of one of the individuals as
63	63	the primary beneficiary under a life insurance policy on the life of
64	64	the other individual or under a retirement plan of the other
65	65	individual;
66	66	(C) the designation of one of the individuals as
67	67	the primary beneficiary of the will of the other individual;
68	68	(D) a durable power of attorney for health care
69	69	or financial management granted by one of the individuals to the
70	70	other individual;
71	71	(E) joint ownership or lease by the individuals
72	72	of a motor vehicle;
73	73	(F) a joint checking account, joint investments,
74	74	or a joint credit account;
75	75	(G) a joint renter's or homeowner's insurance
76	76	policy;
77	77	(H) coverage of both individuals on a health
78	78	insurance policy written on an individual or family basis;
79	79	(I) joint responsibility for child care, such as
80	80	guardianship or school documents; or
81	81	(J) a relationship or cohabitation contract.
82	82	Sec. 257.003. VISITATION. (a) A hospital or facility
83	83	licensed under this subtitle shall allow an individual who is a
84	84	patient's or resident's domestic partner, the children of the
85	85	patient's or resident's domestic partner, or the domestic partner of
86	86	the patient's or resident's parent or child to visit, unless:
87	87	(1) visitors are not allowed;
88	88	(2) the facility reasonably determines that the
89	89	presence of the individual would endanger the health or safety of a
90	90	patient, resident, or member of the facility staff; or
91	91	(3) the patient or resident or the patient's or
92	92	resident's personal representative tells the facility staff that
93	93	the patient or resident does not want the individual to visit.
94	94	(b) This section does not prohibit a hospital or facility
95	95	licensed under this subtitle from establishing reasonable
96	96	restrictions on visitation, including restrictions on the hours of
97	97	visitation and number of visitors.
98	98	Sec. 257.004. MEDICAL EMERGENCY VISITATION. If an adult in
99	99	good faith, during a medical emergency informs an emergency medical
100	100	provider or hospital staff person that the adult and an ill or
101	101	injured adult patient are in a mutually interdependent
102	102	relationship, the provider or person shall treat the adults as
103	103	domestic partners by allowing the adult to:
104	104	(1) accompany the adult patient as the patient is
105	105	transported to a hospital in an emergency vehicle; and
106	106	(2) visit the adult patient who is admitted to a
107	107	hospital on an emergency basis as if the adult is a member of the
108	108	adult patient's immediate family.
109	109	SECTION 4. Section 313.004(a), Health and Safety Code, is
110	110	amended to read as follows:
111	111	(a) If an adult patient of a home and community support
112	112	services agency or in a hospital or nursing home is comatose,
113	113	incapacitated, or otherwise mentally or physically incapable of
114	114	communication, an adult surrogate from the following list, in order
115	115	of priority, who has decision-making capacity, is available after a
116	116	reasonably diligent inquiry, and is willing to consent to medical
117	117	treatment on behalf of the patient may consent to medical treatment
118	118	on behalf of the patient:
119	119	(1) the patient's spouse or domestic partner as defined
120	120	by Section 257.001;
121	121	(2) an adult child of the patient who has the waiver
122	122	and consent of all other qualified adult children of the patient to
123	123	act as the sole decision-maker;
124	124	(3) a majority of the patient's reasonably available
125	125	adult children;
126	126	(4) the patient's parents; or
127	127	(5) the individual clearly identified to act for the
128	128	patient by the patient before the patient became incapacitated, the
129	129	patient's nearest living relative, or a member of the clergy.
130	130	SECTION 5. Section 692.004(a), Health and Safety Code, is
131	131	amended to read as follows:
132	132	(a) The following persons, in the following priority, may
133	133	give all or any part of a decedent's body for a purpose specified by
134	134	Section 692.005:
135	135	(1) the decedent's spouse or domestic partner as
136	136	defined by Section 257.001;
137	137	(2) the decedent's adult child;
138	138	(3) either of the decedent's parents;
139	139	(4) the decedent's adult brother or sister;
140	140	(5) the guardian of the person of the decedent at the
141	141	time of death; or
142	142	(6) any other person authorized or under an obligation
143	143	to dispose of the body.
144	144	SECTION 6. Sections 692.010(c) and (d), Health and Safety
145	145	Code, are amended to read as follows:
146	146	(c) If a donee accepts a gift of an entire body, the
147	147	decedent's surviving spouse or domestic partner as defined by
148	148	Section 257.001 or any other person authorized to give all or part
149	149	of the body may authorize the body's embalming and have the use of
150	150	the body for funeral services, subject to the terms of the gift.
151	151	(d) If a donee accepts a gift of a part, the donee shall
152	152	cause the part to be removed from the body without unnecessary
153	153	mutilation after death occurs and before the body is embalmed.
154	154	After the part is removed, the surviving spouse, domestic partner,
155	155	next of kin, or other person under obligation to dispose of the body
156	156	has custody of the body.
157	157	SECTION 7. Section 693.004, Health and Safety Code, is
158	158	amended to read as follows:
159	159	Sec. 693.004. PERSONS WHO MAY CONSENT OR OBJECT TO REMOVAL.
160	160	The following persons may consent or object to the removal of tissue
161	161	or a body part:
162	162	(1) the decedent's spouse or domestic partner as
163	163	defined by Section 257.001;
164	164	(2) the decedent's adult children, if there is no
165	165	spouse;
166	166	(3) the decedent's parents, if there is no spouse,
167	167	domestic partner, or adult child; or
168	168	(4) the decedent's brothers or sisters, if there is no
169	169	spouse, domestic partner, adult child, or parent.
170	170	SECTION 8. Section 711.002(a), Health and Safety Code, is
171	171	amended to read as follows:
172	172	(a) Unless a decedent has left directions in writing for the
173	173	disposition of the decedent's remains as provided in Subsection (g),
174	174	the following persons, in the priority listed, have the right to
175	175	control the disposition, including cremation, of the decedent's
176	176	remains, shall inter the remains, and are liable for the reasonable
177	177	cost of interment:
178	178	(1) the person designated in a written instrument
179	179	signed by the decedent;
180	180	(2) the decedent's surviving spouse or domestic
181	181	partner as defined by Section 257.001;
182	182	(3) any one of the decedent's surviving adult children;
183	183	(4) either one of the decedent's surviving parents;
184	184	(5) any one of the decedent's surviving adult siblings;
185	185	or
186	186	(6) any adult person in the next degree of kinship in
187	187	the order named by law to inherit the estate of the decedent.
188	188	SECTION 9. Section 711.004(a), Health and Safety Code, is
189	189	amended to read as follows:
190	190	(a) Remains interred in a cemetery may be removed from a
191	191	plot in the cemetery with the written consent of the cemetery
192	192	organization operating the cemetery and the written consent of the
193	193	current plot owner or owners and the following persons, in the
194	194	priority listed:
195	195	(1) the decedent's surviving spouse or domestic
196	196	partner as defined by Section 257.001;
197	197	(2) the decedent's surviving adult children;
198	198	(3) the decedent's surviving parents;
199	199	(4) the decedent's adult siblings; or
200	200	(5) the adult person in the next degree of kinship in
201	201	the order named by law to inherit the estate of the decedent.
202	202	SECTION 10. Article 49.13(a), Code of Criminal Procedure,
203	203	is amended to read as follows:
204	204	(a) Consent for a physician to conduct an autopsy is
205	205	sufficient if given by the following:
206	206	(1) if the deceased was married, the surviving spouse;
207	207	(2) a domestic partner of the deceased as defined by
208	208	Section 257.001, Health and Safety Code;
209	209	(3) if the deceased was married or had a domestic
210	210	partner but was not survived by a spouse or domestic partner, an
211	211	adult child of the deceased;
212	212	(4) [(3)] if the deceased was married or had a
213	213	domestic partner but was not survived by a spouse or domestic
214	214	partner, and a child of the deceased is under the care of a guardian
215	215	or a court, the guardian or court having care of the child; or
216	216	(5) [(4)] if the deceased person was unmarried and did
217	217	not have a domestic partner or is not survived by a spouse, a
218	218	domestic partner, or a child, the following persons in the order
219	219	stated:
220	220	(A) a parent;
221	221	(B) a guardian;
222	222	(C) the next of kin; or
223	223	(D) any person who assumes custody of and
224	224	responsibility for the burial of the body.
225	225	SECTION 11. This Act takes effect immediately if it
226	226	receives a vote of two-thirds of all the members elected to each
227	227	house, as provided by Section 39, Article III, Texas Constitution.
228	228	If this Act does not receive the vote necessary for immediate
229	229	effect, this Act takes effect September 1, 2009.