89R3782 KRM-D
By: Gámez, Hayes H.B. No. 2159
A BILL TO BE ENTITLED
AN ACT
relating to the capacity of a minor to consent to certain treatment
for the minor or the minor's child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 32, Family Code, is
amended to read as follows:
CHAPTER 32. CONSENT TO CERTAIN TREATMENT, CARE, AND SERVICES FOR
[OF] CHILD BY NON-PARENT, MINOR PARENT, OR CHILD
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 Health, 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 that [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. Subchapter A, Chapter 32, Family Code, is
amended by adding Section 32.0031 to read as follows:
Sec. 32.0031. CONSENT TO TREATMENT OF CHILD BY MINOR
PARENT. A minor who is the parent of a child may consent to medical,
dental, psychological, and surgical treatment for the child by a
licensed physician or dentist if the minor:
(1) is unmarried; and
(2) has actual custody of the child.
SECTION 4. This Act takes effect September 1, 2025.