The bill amends the Civil Practice and Remedies Code and the Health and Safety Code to address health care liability claims related to the withholding or withdrawing of life-sustaining treatment. It introduces new provisions that exempt such claims from the standard two-year limitations period if they arise from violations of specific health care directives. Specifically, Section 74.252 states that health care liability claims related to life-sustaining treatment violations are not subject to a limitations period, while Section 74.304 clarifies that these claims are excluded from certain subchapter provisions. Additionally, Section 166.045(a) is amended to clarify that a physician or health care professional is not liable for failing to act according to a directive if they are unaware of it.

Furthermore, the bill establishes a new criminal offense under Section 166.048, making it a first-degree felony for a person to cause a patient's death by unlawfully withdrawing or withholding life-sustaining treatment contrary to the patient's valid directive or authorized health care decisions. This provision emphasizes that knowledge of the directive does not absolve individuals from liability if they act against it. The changes will take effect on September 1, 2025, and will apply only to actions that accrue or offenses committed on or after that date.

Statutes affected:
Introduced: Civil Practice and Remedies Code 74.251, Health and Safety Code 166.045, Health and Safety Code 166.048 (Health and Safety Code 166, Civil Practice and Remedies Code 74)