84R20277 JSC-F
By: Vo H.B. No. 2429
Substitute the following for H.B. No. 2429:
By: Dutton C.S.H.B. No. 2429
A BILL TO BE ENTITLED
AN ACT
relating to the persons who may consent to the medical care or
immunization of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 32.001(a), (b), and (d), Family Code,
are amended to read as follows:
(a) The following persons may consent to medical, dental,
psychological, and surgical treatment of a child when the person
having the right to consent as otherwise provided by law cannot be
contacted and that person has not given actual notice to the
contrary:
(1) a grandparent of the child;
(2) an adult brother or sister of the child;
(3) an adult aunt or uncle of the child;
(4) a stepparent of the child;
(5) an educational institution in which the child is
enrolled that has received written authorization to consent for the
child from a parent, managing conservator, guardian, or other
person who, under the law of another state or a court order, may
[having the right to] consent for the child;
(6) [(5)] an adult who has actual care, control, and
possession of the child and has written authorization to consent
for the child from a parent, managing conservator, guardian, or
other person who, under the law of another state or a court order,
may [having the right to] consent for the child;
(7) [(6)] a court having jurisdiction over a suit
affecting the parent-child relationship of which the child is the
subject;
(8) [(7)] an adult who has [responsible for the]
actual care, control, and possession of a child under the
jurisdiction of a juvenile court or committed by a juvenile court to
the care of an agency of the state or county;
(9) an adult who has actual care, control, and
possession of the child as the child's primary caregiver; or
(10) [(8)] a peace officer who has lawfully taken
custody of a child [minor], if the peace officer has reasonable
grounds to believe the child [minor] is in need of immediate medical
treatment.
(b) Except as otherwise provided by this subsection, the
Texas Juvenile Justice Department [Youth Commission] may consent to
the medical, dental, psychological, and surgical treatment of a
child committed to the Texas Juvenile Justice Department [Youth
Commission] under Title 3 when the person having the right to
consent has been contacted and that person has not given actual
notice to the contrary. Consent for medical, dental,
psychological, and surgical treatment of a child for whom the
Department of Family and Protective Services has been appointed
managing conservator and who is committed to the Texas Juvenile
Justice Department [Youth Commission] is governed by Sections
266.004, 266.009, and 266.010.
(d) A person who consents to the medical treatment of a
child [minor] under this section [Subsection (a)(7) or (8)] is
immune from liability for damages resulting from the examination or
treatment of the child [minor], except to the extent of the person's
own acts of negligence. A physician or dentist licensed to practice
in this state, or a hospital or medical facility at which a child
[minor] is treated is immune from liability for damages resulting
from the examination or treatment of a child [minor] under this
section, except to the extent of the person's own acts of
negligence.
SECTION 2. Section 32.003(a), Family Code, is amended to
read as follows:
(a) A child may consent to medical, dental, psychological,
and surgical treatment for the child by a licensed physician or
dentist if the child:
(1) is on active duty with the armed services of the
United States of America;
(2) is:
(A) 16 years of age or older and resides separate
and apart from the child's parents, managing conservator, or
guardian, with or without the consent of the parents, managing
conservator, or guardian and regardless of the duration of the
residence; and
(B) managing the child's own financial affairs,
regardless of the source of the income;
(3) consents to the diagnosis and treatment of an
infectious, contagious, or communicable disease that is required by
law or a rule to be reported by the licensed physician or dentist to
a local health officer or the [Texas] Department of State Health
Services, including all diseases within the scope of Section
81.041, Health and Safety Code;
(4) is unmarried and pregnant and consents to
hospital, medical, or surgical treatment, other than abortion,
related to the pregnancy;
(5) consents to examination and treatment for drug or
chemical addiction, drug or chemical dependency, or any other
condition directly related to drug or chemical use;
(6) is unmarried, is the parent of a child, and has
actual custody of his or her child and consents to medical, dental,
psychological, or surgical treatment for the child; or
(7) is serving a term of confinement in a facility
operated by or under contract with the Texas Department of Criminal
Justice, unless the treatment would constitute a prohibited
practice under Section 164.052(a)(19), Occupations Code.
SECTION 3. Sections 32.101(b) and (d), Family Code, are
amended to read as follows:
(b) If the persons listed in Subsection (a) are not
available and the authority to consent is not denied under
Subsection (c), consent to the immunization of a child may be given
by a person listed in Sections 32.001(a)(1)-(9) [:
[(1) a grandparent of the child;
[(2) an adult brother or sister of the child;
[(3) an adult aunt or uncle of the child;
[(4) a stepparent of the child;
[(5) an educational institution in which the child is
enrolled that has written authorization to consent for the child
from a parent, managing conservator, guardian, or other person who
under the law of another state or a court order may consent for the
child;
[(6) another adult who has actual care, control, and
possession of the child and has written authorization to consent
for the child from a parent, managing conservator, guardian, or
other person who, under the law of another state or a court order,
may consent for the child;
[(7) a court having jurisdiction of a suit affecting
the parent-child relationship of which the minor is the subject;
[(8) an adult having actual care, control, and
possession of the child under an order of a juvenile court or by
commitment by a juvenile court to the care of an agency of the state
or county; or
[(9) an adult having actual care, control, and
possession of the child as the child's primary caregiver].
(d) The Texas Juvenile Justice Department [Youth
Commission] may consent to the immunization of a child committed to
it if a parent, managing conservator, or guardian of the child
[minor] or other person who, under the law of another state or court
order, may consent for the child [minor] has been contacted and:
(1) refuses to consent; and
(2) does not expressly deny to the Texas Juvenile
Justice Department [Youth Commission] the authority to consent for
the child.
SECTION 4. This Act takes effect September 1, 2015.