Texas 2021 - 87th Regular

Texas House Bill HB2729 Compare Versions

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11 87R8399 SRA-D
22 By: Slaton H.B. No. 2729
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to in-person visitation of an immediate family member or
88 religious counsel with seriously ill or dying hospital patients and
99 facility residents.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter A, Chapter 241, Health and Safety
1212 Code, is amended by adding Section 241.012 to read as follows:
1313 Sec. 241.012. IN-PERSON VISITATION OF IMMEDIATE FAMILY
1414 MEMBER OR RELIGIOUS COUNSEL. (a) In this section:
1515 (1) "Immediate family member" means an individual who
1616 is related to a person within the second degree by affinity or
1717 consanguinity, as determined under Chapter 573, Government Code.
1818 (2) "Religious counsel" means an individual acting
1919 substantially in a pastoral or religious capacity to counsel other
2020 individuals.
2121 (b) A hospital may not prohibit in-person visitation,
2222 including visitation during a state of disaster declared under
2323 Chapter 418, Government Code, of the following individuals with a
2424 patient at the hospital who is seriously ill or dying:
2525 (1) an immediate family member of the patient; or
2626 (2) religious counsel.
2727 (c) Notwithstanding Subsection (b), a hospital may require
2828 the immediate family member or religious counsel to:
2929 (1) submit to a health screening administered by the
3030 hospital; and
3131 (2) wear personal protective equipment at all times
3232 while visiting a patient at the hospital.
3333 (d) In the event of a conflict between this section and any
3434 other law, this section prevails.
3535 SECTION 2. Subchapter L, Chapter 242, Health and Safety
3636 Code, is amended by adding Section 242.506 to read as follows:
3737 Sec. 242.506. IN-PERSON VISITATION OF IMMEDIATE FAMILY
3838 MEMBER OR RELIGIOUS COUNSEL. (a) In this section:
3939 (1) "Immediate family member" means an individual who
4040 is related to a person within the second degree by affinity or
4141 consanguinity, as determined under Chapter 573, Government Code.
4242 (2) "Religious counsel" means an individual acting
4343 substantially in a pastoral or religious capacity to counsel other
4444 individuals.
4545 (b) A facility may not prohibit in-person visitation,
4646 including visitation during a state of disaster declared under
4747 Chapter 418, Government Code, of the following individuals with a
4848 resident of the facility who is seriously ill or dying:
4949 (1) an immediate family member of the patient; or
5050 (2) religious counsel.
5151 (c) Notwithstanding Subsection (b), a facility may require
5252 the immediate family member or religious counsel to:
5353 (1) submit to a health screening administered by the
5454 facility; and
5555 (2) wear personal protective equipment at all times
5656 while visiting a resident at the facility.
5757 (d) In the event of a conflict between this section and any
5858 other law, this section prevails.
5959 SECTION 3. This Act takes effect immediately if it receives
6060 a vote of two-thirds of all the members elected to each house, as
6161 provided by Section 39, Article III, Texas Constitution. If this
6262 Act does not receive the vote necessary for immediate effect, this
6363 Act takes effect September 1, 2021.