Texas 2025 - 89th Regular

Texas House Bill HB2072 Compare Versions

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

Old	New	Differences
1	1	89R7825 MPF-D
2	2	By: Hull H.B. No. 2072
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to advance directives and health care and treatment
10	10	decisions to withhold or withdraw life-sustaining treatment;
11	11	creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 74.251(a), Civil Practice and Remedies
14	14	Code, is amended to read as follows:
15	15	(a) Notwithstanding any other law and subject to Subsection
16	16	(b) and Section 74.252, no health care liability claim may be
17	17	commenced unless the action is filed within two years from the
18	18	occurrence of the breach or tort or from the date the medical or
19	19	health care treatment that is the subject of the claim or the
20	20	hospitalization for which the claim is made is completed; provided
21	21	that, minors under the age of 12 years shall have until their 14th
22	22	birthday in which to file, or have filed on their behalf, the claim.
23	23	Except as herein provided this section applies to all persons
24	24	regardless of minority or other legal disability.
25	25	SECTION 2. Subchapter F, Chapter 74, Civil Practice and
26	26	Remedies Code, is amended by adding Section 74.252 to read as
27	27	follows:
28	28	Sec. 74.252. EXCEPTIONS. Notwithstanding any other law, a
29	29	health care liability claim arising from withholding or withdrawing
30	30	life-sustaining treatment from a patient in violation of Subchapter
31	31	B, Chapter 166, Health and Safety Code, is not subject to a
32	32	limitations period.
33	33	SECTION 3. Subchapter G, Chapter 74, Civil Practice and
34	34	Remedies Code, is amended by adding Section 74.304 to read as
35	35	follows:
36	36	Sec. 74.304. EXCEPTIONS. This subchapter does not apply to
37	37	a health care liability claim arising from the withholding or
38	38	withdrawing of life-sustaining treatment from a patient in
39	39	violation of Subchapter B, Chapter 166, Health and Safety Code.
40	40	SECTION 4. Section 166.045(a), Health and Safety Code, is
41	41	amended to read as follows:
42	42	(a) Except as provided by Section 166.048(c), a [A]
43	43	physician, health care facility, or health care professional who
44	44	has no knowledge of a directive is not civilly or criminally liable
45	45	for failing to act in accordance with the directive.
46	46	SECTION 5. Section 166.048, Health and Safety Code, is
47	47	amended by adding Subsections (c) and (d) to read as follows:
48	48	(c) Regardless of knowledge of a directive, a person commits
49	49	an offense if the person causes a patient's death by withdrawing or
50	50	withholding life-sustaining treatment from the patient:
51	51	(1) contrary to:
52	52	(A) the patient's validly executed or issued
53	53	directive; or
54	54	(B) a health care or treatment decision made by
55	55	the patient or on behalf of the patient by a person authorized to
56	56	make such decisions under this chapter; and
57	57	(2) in violation of Section 166.045(c) or 166.046.
58	58	(d) An offense under Subsection (c) is a felony of the first
59	59	degree.
60	60	SECTION 6. Sections 74.252 and 74.304, Civil Practice and
61	61	Remedies Code, as added by this Act, apply only to a cause of action
62	62	that accrues on or after the effective date of this Act.
63	63	SECTION 7. Section 166.048, Health and Safety Code, as
64	64	amended by this Act, applies only to an offense committed on or
65	65	after the effective date of this Act. An offense committed before
66	66	the effective date of this Act is governed by the law in effect on
67	67	the date the offense was committed, and the former law is continued
68	68	in effect for that purpose. For purposes of this section, an
69	69	offense was committed before the effective date of this Act if any
70	70	element of the offense occurred before that date.
71	71	SECTION 8. This Act takes effect September 1, 2025.