Hull Bill Makes Fatal Treatment Withdrawals Against A Directive A Felony

The text as introduced · 586 words

89R7825 MPF-D

By: Hull
H.B. No. 2072

A BILL TO BE ENTITLED

AN ACT

relating to advance directives and health care and treatment

decisions to withhold or withdraw life-sustaining treatment;

creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 74.251(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) Notwithstanding any other law and subject to Subsection

(b) and Section 74.252 , no health care liability claim may be

commenced unless the action is filed within two years from the

occurrence of the breach or tort or from the date the medical or

health care treatment that is the subject of the claim or the

hospitalization for which the claim is made is completed; provided

that, minors under the age of 12 years shall have until their 14th

birthday in which to file, or have filed on their behalf, the claim.

Except as herein provided this section applies to all persons

regardless of minority or other legal disability.

SECTION 2. Subchapter F, Chapter 74, Civil Practice and

Remedies Code, is amended by adding Section 74.252 to read as

follows:

Sec. 74.252. EXCEPTIONS. Notwithstanding any other law, a

health care liability claim arising from withholding or withdrawing

life-sustaining treatment from a patient in violation of Subchapter

B, Chapter 166, Health and Safety Code, is not subject to a

limitations period.

SECTION 3. Subchapter G, Chapter 74, Civil Practice and

Remedies Code, is amended by adding Section 74.304 to read as

follows:

Sec. 74.304. EXCEPTIONS. This subchapter does not apply to

a health care liability claim arising from the withholding or

withdrawing of life-sustaining treatment from a patient in

violation of Subchapter B, Chapter 166, Health and Safety Code.

SECTION 4. Section 166.045(a), Health and Safety Code, is

amended to read as follows:

(a) Except as provided by Section 166.048(c), a [ A ]

physician, health care facility, or health care professional who

has no knowledge of a directive is not civilly or criminally liable

for failing to act in accordance with the directive.

SECTION 5. Section 166.048, Health and Safety Code, is

amended by adding Subsections (c) and (d) to read as follows:

(c) Regardless of knowledge of a directive, a person commits

an offense if the person causes a patient's death by withdrawing or

withholding life-sustaining treatment from the patient:

(1) contrary to:

(A) the patient's validly executed or issued

directive; or

(B) a health care or treatment decision made by

the patient or on behalf of the patient by a person authorized to

make such decisions under this chapter; and

(2) in violation of Section 166.045(c) or 166.046.

(d) An offense under Subsection (c) is a felony of the first

degree.

SECTION 6. Sections 74.252 and 74.304, Civil Practice and

Remedies Code, as added by this Act, apply only to a cause of action

that accrues on or after the effective date of this Act.

SECTION 7. Section 166.048, Health and Safety Code, as

amended by this Act, applies only to an offense committed on or

after the effective date of this Act. An offense committed before

the effective date of this Act is governed by the law in effect on

the date the offense was committed, and the former law is continued

in effect for that purpose. For purposes of this section, an

offense was committed before the effective date of this Act if any

element of the offense occurred before that date.

SECTION 8. This Act takes effect September 1, 2025.