| 1 | 1 | | 86R8498 EAS-D |
|---|
| 2 | 2 | | By: Sanford H.B. No. 3597 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the duty of a parent appointed as a conservator of a |
|---|
| 8 | 8 | | child to inform the child's other conservator of certain medical |
|---|
| 9 | 9 | | emergencies involving the child. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 153.076, Family Code, is amended by |
|---|
| 12 | 12 | | adding Subsections (b-2) and (c-2) and amending Subsection (d) to |
|---|
| 13 | 13 | | read as follows: |
|---|
| 14 | 14 | | (b-2) The court shall order that each conservator of a child |
|---|
| 15 | 15 | | has a duty to inform the other conservator of the child if: |
|---|
| 16 | 16 | | (1) the child is diagnosed with a critical or terminal |
|---|
| 17 | 17 | | illness; or |
|---|
| 18 | 18 | | (2) the custodial parent has decided to withdraw or |
|---|
| 19 | 19 | | withhold life-sustaining treatment. |
|---|
| 20 | 20 | | (c-2) The notice required to be made under Subsection (b-2) |
|---|
| 21 | 21 | | must be made not later than one hour after the time the conservator |
|---|
| 22 | 22 | | received notice of the child's diagnosis or made the decision |
|---|
| 23 | 23 | | regarding treatment, as applicable. The notice required to be made |
|---|
| 24 | 24 | | under Subsection (b-2)(2) must provide the conservator receiving |
|---|
| 25 | 25 | | notice an opportunity to visit the child for at least one hour |
|---|
| 26 | 26 | | without interference from the other conservator or any other person |
|---|
| 27 | 27 | | associated with that conservator. |
|---|
| 28 | 28 | | (d) A conservator commits an offense if the conservator |
|---|
| 29 | 29 | | fails to provide notice in the manner required by Subsections (b) |
|---|
| 30 | 30 | | and (c), [or] Subsections (b-1) and (c-1), or Subsections (b-2) and |
|---|
| 31 | 31 | | (c-2), as applicable. An offense under this subsection is a Class C |
|---|
| 32 | 32 | | misdemeanor. |
|---|
| 33 | 33 | | SECTION 2. (a) Except as provided by Subsection (b) of this |
|---|
| 34 | 34 | | section, the changes in law made by this Act to Section 153.076, |
|---|
| 35 | 35 | | Family Code, apply only to a court order rendered on or after the |
|---|
| 36 | 36 | | effective date of this Act. A court order rendered before that date |
|---|
| 37 | 37 | | is governed by the law in effect on the date the order was rendered, |
|---|
| 38 | 38 | | and the former law is continued in effect for that purpose. |
|---|
| 39 | 39 | | (b) A person may bring a suit to modify a court order |
|---|
| 40 | 40 | | rendered before September 1, 2019, under Section 153.076, Family |
|---|
| 41 | 41 | | Code, as amended by this Act. |
|---|
| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|