Texas HB 2159: Relating to the capacity of a minor to consent to certain treatment for the minor or the minor's child.

Bill Text

By:AAG ̃mez, Hayes, Spiller H.B.ANo.A2159
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:
SECTIONA1.AAThe 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
SECTIONA2.AASection 32.003(a), Family Code, is amended to
read as follows:
(a)AAA child may consent to medical, dental, psychological,
and surgical treatment for the child by a licensed physician or
dentist if the child:
(1)AAis on active duty with the armed services of the
United States of America;
(2)AAis:
(A)AA16 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)AAmanaging the child’s own financial affairs,
regardless of the source of the income;
(3)AAconsents to the diagnosis and treatment of an
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89R3782 KRM-D 1

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)AAis unmarried and pregnant and consents to
hospital, medical, or surgical treatment, other than abortion,
related to the pregnancy;
(5)AAconsents 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)AAis 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)AAis 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.
SECTIONA3.AASubchapter A, Chapter 32, Family Code, is
amended by adding Section 32.0031 to read as follows:
Sec.A32.0031.AACONSENT 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)AAis unmarried; and
(2)AAhas actual custody of the child.
SECTIONA4.AAThis Act takes effect September 1, 2025.
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H.B.ANo.A2159
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