Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 597.049: DETERMINATION OF BEST INTEREST.

(a) The committee shall make a determination, based on clear and convincing evidence, of whether the proposed treatment promotes the client's best interest and a determination that:
(1) a person has not been appointed as the guardian of the client's person before the sixth day after proceedings are suspended under Section 597.048(f); or
(2) there is a medical necessity, based on clear and convincing evidence, that the determination about the proposed treatment occur before guardianship proceedings are completed.
(b) In making its determination of the best interest of the client, the committee shall consider fully the preference of the client as articulated at any time.
(c) According to its determination of the client's best interest, the committee shall consent or refuse the treatment on the client's behalf.
(d) The committee shall determine a date on which the consent becomes effective and a date on which the consent expires.
(e) A person serving on a committee who consents or refuses to consent on behalf of a client and who acts in good faith, reasonably, and without malice is not criminally or civilly liable for that action.
Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 450, Sec. 6, eff. Sept. 1, 1997. Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.

Where this section sits in the code

HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND INTELLECTUAL DISABILITY
SUBTITLE D. PERSONS WITH AN INTELLECTUAL DISABILITY ACT
CHAPTER 597. CAPACITY OF CLIENTS TO CONSENT TO TREATMENT
SUBCHAPTER C. SURROGATE CONSENT FOR ICF-IID CLIENTS

(a) The committee shall make a determination, based on clear and convincing evidence, of whether the proposed treatment promotes the client's best interest and a determination that:

(1) a person has not been appointed as the guardian of the client's person before the sixth day after proceedings are suspended under Section 597.048(f); or

(2) there is a medical necessity, based on clear and convincing evidence, that the determination about the proposed treatment occur before guardianship proceedings are completed.

(b) In making its determination of the best interest of the client, the committee shall consider fully the preference of the client as articulated at any time.

(c) According to its determination of the client's best interest, the committee shall consent or refuse the treatment on the client's behalf.

(d) The committee shall determine a date on which the consent becomes effective and a date on which the consent expires.

(e) A person serving on a committee who consents or refuses to consent on behalf of a client and who acts in good faith, reasonably, and without malice is not criminally or civilly liable for that action.

Added by Acts 1993, 73rd Leg., ch. 530, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 450, Sec. 6, eff. Sept. 1, 1997. Reenacted by Acts 1999, 76th Leg., ch. 538, Sec. 1, eff. June 18, 1999.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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