Bill Text: TX HB1652 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to parental rights regarding cancer treatment for children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-12-18 - Filed [HB1652 Detail]
Download: Texas-2025-HB1652-Introduced.html
| 89R5862 KRM-D | ||
| By: Schatzline | H.B. No. 1652 | |
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| relating to parental rights regarding cancer treatment for | ||
| children. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter X, Chapter 161, Health | ||
| and Safety Code, as added by Chapter 819 (H.B. 1649), Acts of the | ||
| 88th Legislature, Regular Session, 2023, is amended to read as | ||
| follows: | ||
| SUBCHAPTER X. [ |
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| SECTION 2. Subchapter X, Chapter 161, Health and Safety | ||
| Code, as added by Chapter 819 (H.B. 1649), Acts of the 88th | ||
| Legislature, Regular Session, 2023, is amended by adding Sections | ||
| 161.6811 and 161.682 to read as follows: | ||
| Sec. 161.6811. DEFINITIONS. In this subchapter: | ||
| (1) "Child" means a person younger than 18 years of age | ||
| who: | ||
| (A) is not married; or | ||
| (B) has not had the disabilities of minority | ||
| removed for general purposes under Chapter 31, Family Code. | ||
| (2) "Parent" means a natural parent, stepparent, | ||
| adoptive parent, legal guardian, or other legal custodian of a | ||
| child. | ||
| Sec. 161.682. RIGHT TO ELECT CANCER TREATMENT. (a) | ||
| Notwithstanding any other law, a parent of a child who has been | ||
| diagnosed with cancer may elect for the child: | ||
| (1) to receive any available cancer treatment, | ||
| including an experimental treatment; or | ||
| (2) not to receive any cancer treatment. | ||
| (b) A health care provider, health benefit plan issuer, or | ||
| governmental entity, including the Department of Family and | ||
| Protective Services, may not penalize a parent for an election | ||
| authorized under Subsection (a). | ||
| SECTION 3. Section 161.681, Health and Safety Code, is | ||
| redesignated as Section 161.683, Health and Safety Code, and | ||
| amended to read as follows: | ||
| Sec. 161.683 [ |
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| CHEMOTHERAPY OR RADIATION. (a) A health care facility at which a | ||
| child will begin receiving chemotherapy or radiation that may | ||
| directly or indirectly cause impaired fertility must, before the | ||
| treatment begins, notify the child's parents [ |
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| of the risk of impaired fertility from treatment. | ||
| (b) The department shall develop and make available a | ||
| written notice for a health care facility to use for purposes of | ||
| this section. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
