81R941 MSE-D
By: Rodriguez H.B. No. 353
A BILL TO BE ENTITLED
AN ACT
relating to certain health care rights of domestic partners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 166.004(d), Health and Safety Code, is
amended to read as follows:
(d) If, at the time notice is to be provided under
Subsection (c), the individual is incompetent or otherwise
incapacitated and unable to receive the notice required by this
section, the provider shall provide the required written notice, in
the following order of preference, to:
(1) the individual's legal guardian;
(2) a person responsible for the health care decisions
of the individual;
(3) the individual's spouse or domestic partner as
defined by Section 257.001;
(4) the individual's adult child;
(5) the individual's parent; or
(6) the person admitting the individual.
SECTION 2. Section 166.039(b), Health and Safety Code, is
amended to read as follows:
(b) If the patient does not have a legal guardian or an agent
under a medical power of attorney, the attending physician and one
person, if available, from one of the following categories, in the
following priority, may make a treatment decision that may include
a decision to withhold or withdraw life-sustaining treatment:
(1) the patient's spouse or domestic partner as defined
by Section 257.001;
(2) the patient's reasonably available adult children;
(3) the patient's parents; or
(4) the patient's nearest living relative.
SECTION 3. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 257 to read as follows:
CHAPTER 257. HEALTH FACILITY VISITATION
Sec. 257.001. DEFINITION. In this chapter, "domestic
partnership" means a relationship between two individuals who:
(1) agree to be in a relationship of mutual
interdependence in which each individual contributes to the
maintenance and support of the other individual and the
relationship, even if both individuals are not required to
contribute equally to the relationship;
(2) are at least 18 years old;
(3) are not related within the third degree of
affinity or consanguinity;
(4) are not married or in a civil union recognized in
any other jurisdiction; and
(5) are not in another relationship described by
Subdivision (1).
Sec. 257.002. PROOF OF DOMESTIC PARTNERSHIP. An individual
who asserts a domestic partnership under Section 257.001 may be
required to provide:
(1) an affidavit signed under penalty of perjury by
two individuals stating that they have established a domestic
partnership; and
(2) proof of any two of the following documents:
(A) joint liability of the individuals for a
mortgage, lease, or loan;
(B) the designation of one of the individuals as
the primary beneficiary under a life insurance policy on the life of
the other individual or under a retirement plan of the other
individual;
(C) the designation of one of the individuals as
the primary beneficiary of the will of the other individual;
(D) a durable power of attorney for health care
or financial management granted by one of the individuals to the
other individual;
(E) joint ownership or lease by the individuals
of a motor vehicle;
(F) a joint checking account, joint investments,
or a joint credit account;
(G) a joint renter's or homeowner's insurance
policy;
(H) coverage of both individuals on a health
insurance policy written on an individual or family basis;
(I) joint responsibility for child care, such as
guardianship or school documents; or
(J) a relationship or cohabitation contract.
Sec. 257.003. VISITATION. (a) A hospital or facility
licensed under this subtitle shall allow an individual who is a
patient's or resident's domestic partner, the children of the
patient's or resident's domestic partner, or the domestic partner of
the patient's or resident's parent or child to visit, unless:
(1) visitors are not allowed;
(2) the facility reasonably determines that the
presence of the individual would endanger the health or safety of a
patient, resident, or member of the facility staff; or
(3) the patient or resident or the patient's or
resident's personal representative tells the facility staff that
the patient or resident does not want the individual to visit.
(b) This section does not prohibit a hospital or facility
licensed under this subtitle from establishing reasonable
restrictions on visitation, including restrictions on the hours of
visitation and number of visitors.
Sec. 257.004. MEDICAL EMERGENCY VISITATION. If an adult in
good faith, during a medical emergency informs an emergency medical
provider or hospital staff person that the adult and an ill or
injured adult patient are in a mutually interdependent
relationship, the provider or person shall treat the adults as
domestic partners by allowing the adult to:
(1) accompany the adult patient as the patient is
transported to a hospital in an emergency vehicle; and
(2) visit the adult patient who is admitted to a
hospital on an emergency basis as if the adult is a member of the
adult patient's immediate family.
SECTION 4. Section 313.004(a), Health and Safety Code, is
amended to read as follows:
(a) If an adult patient of a home and community support
services agency or in a hospital or nursing home is comatose,
incapacitated, or otherwise mentally or physically incapable of
communication, an adult surrogate from the following list, in order
of priority, who has decision-making capacity, is available after a
reasonably diligent inquiry, and is willing to consent to medical
treatment on behalf of the patient may consent to medical treatment
on behalf of the patient:
(1) the patient's spouse or domestic partner as defined
by Section 257.001;
(2) an adult child of the patient who has the waiver
and consent of all other qualified adult children of the patient to
act as the sole decision-maker;
(3) a majority of the patient's reasonably available
adult children;
(4) the patient's parents; or
(5) the individual clearly identified to act for the
patient by the patient before the patient became incapacitated, the
patient's nearest living relative, or a member of the clergy.
SECTION 5. Section 692.004(a), Health and Safety Code, is
amended to read as follows:
(a) The following persons, in the following priority, may
give all or any part of a decedent's body for a purpose specified by
Section 692.005:
(1) the decedent's spouse or domestic partner as
defined by Section 257.001;
(2) the decedent's adult child;
(3) either of the decedent's parents;
(4) the decedent's adult brother or sister;
(5) the guardian of the person of the decedent at the
time of death; or
(6) any other person authorized or under an obligation
to dispose of the body.
SECTION 6. Sections 692.010(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) If a donee accepts a gift of an entire body, the
decedent's surviving spouse or domestic partner as defined by
Section 257.001 or any other person authorized to give all or part
of the body may authorize the body's embalming and have the use of
the body for funeral services, subject to the terms of the gift.
(d) If a donee accepts a gift of a part, the donee shall
cause the part to be removed from the body without unnecessary
mutilation after death occurs and before the body is embalmed.
After the part is removed, the surviving spouse, domestic partner,
next of kin, or other person under obligation to dispose of the body
has custody of the body.
SECTION 7. Section 693.004, Health and Safety Code, is
amended to read as follows:
Sec. 693.004. PERSONS WHO MAY CONSENT OR OBJECT TO REMOVAL.
The following persons may consent or object to the removal of tissue
or a body part:
(1) the decedent's spouse or domestic partner as
defined by Section 257.001;
(2) the decedent's adult children, if there is no
spouse;
(3) the decedent's parents, if there is no spouse,
domestic partner, or adult child; or
(4) the decedent's brothers or sisters, if there is no
spouse, domestic partner, adult child, or parent.
SECTION 8. Section 711.002(a), Health and Safety Code, is
amended to read as follows:
(a) Unless a decedent has left directions in writing for the
disposition of the decedent's remains as provided in Subsection (g),
the following persons, in the priority listed, have the right to
control the disposition, including cremation, of the decedent's
remains, shall inter the remains, and are liable for the reasonable
cost of interment:
(1) the person designated in a written instrument
signed by the decedent;
(2) the decedent's surviving spouse or domestic
partner as defined by Section 257.001;
(3) any one of the decedent's surviving adult children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult siblings;
or
(6) any adult person in the next degree of kinship in
the order named by law to inherit the estate of the decedent.
SECTION 9. Section 711.004(a), Health and Safety Code, is
amended to read as follows:
(a) Remains interred in a cemetery may be removed from a
plot in the cemetery with the written consent of the cemetery
organization operating the cemetery and the written consent of the
current plot owner or owners and the following persons, in the
priority listed:
(1) the decedent's surviving spouse or domestic
partner as defined by Section 257.001;
(2) the decedent's surviving adult children;
(3) the decedent's surviving parents;
(4) the decedent's adult siblings; or
(5) the adult person in the next degree of kinship in
the order named by law to inherit the estate of the decedent.
SECTION 10. Article 49.13(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Consent for a physician to conduct an autopsy is
sufficient if given by the following:
(1) if the deceased was married, the surviving spouse;
(2) a domestic partner of the deceased as defined by
Section 257.001, Health and Safety Code;
(3) if the deceased was married or had a domestic
partner but was not survived by a spouse or domestic partner, an
adult child of the deceased;
(4) [(3)] if the deceased was married or had a
domestic partner but was not survived by a spouse or domestic
partner, and a child of the deceased is under the care of a guardian
or a court, the guardian or court having care of the child; or
(5) [(4)] if the deceased person was unmarried and did
not have a domestic partner or is not survived by a spouse, a
domestic partner, or a child, the following persons in the order
stated:
(A) a parent;
(B) a guardian;
(C) the next of kin; or
(D) any person who assumes custody of and
responsibility for the burial of the body.
SECTION 11. 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.