Tex. Health & Safety Code § 166.003 · Subchapter A. GENERAL PROVISIONS
WITNESSES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In any circumstance in which this chapter requires the execution of an advance directive or the issuance of a nonwritten advance directive to be witnessed:
(1) each witness must be a competent adult; and
(2) at least one of the witnesses must be a person who is not:
(A) a person designated by the declarant to make a health care or treatment decision;
(B) a person related to the declarant by blood or marriage;
(C) a person entitled to any part of the declarant's estate after the declarant's death under a will or codicil executed by the declarant or by operation of law;
(D) the attending physician;
(E) an employee of the attending physician;
(F) an employee of a health care facility in which the declarant is a patient if the employee is providing direct patient care to the declarant or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
(G) a person who, at the time the written advance directive is executed or, if the directive is a nonwritten directive issued under this chapter, at the time the nonwritten directive is issued, has a claim against any part of the declarant's estate after the declarant's death.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 450, Sec. 1.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 435 (H.B. 3074), Sec. 2, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.166.htm
- Text hash
- sha256 6251334087bb9b6858f04c149b5824576a83f3fab29d7574c1ba06646409a54d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 8 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 166.003. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 166.002DEFINITIONS.Printed as Section 166.003
- Tex. Health & Safety Code § 166.032WRITTEN DIRECTIVE BY COMPETENT ADULT; NOTICE TO PHYSICIAN.Printed as Section 166.003 | Section 166.003(2)
- Tex. Health & Safety Code § 166.034ISSUANCE OF NONWRITTEN DIRECTIVE BY COMPETENT ADULT QUALIFIED PATIENT.Printed as Section 166.003 | Section 166.003(2)
- Tex. Health & Safety Code § 166.082OUT-OF-HOSPITAL DNR ORDER; DIRECTIVE TO PHYSICIANS.Printed as Section 166.003 | Section 166.003(2)
- Tex. Health & Safety Code § 166.084ISSUANCE OF OUT-OF-HOSPITAL DNR ORDER BY NONWRITTEN COMMUNICATION.Printed as Section 166.003 | Section 166.003(2)
- Tex. Health & Safety Code § 166.088PROCEDURE WHEN PERSON HAS NOT EXECUTED OR ISSUED OUT-OF-HOSPITAL DNR ORDER AND IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.Printed as Section 166.003 | Section 166.003(2)
- Tex. Health & Safety Code § 166.154EXECUTION.Printed as Section 166.003 | Section 166.003(2)
- Tex. Health & Safety Code § 166.203GENERAL PROCEDURES AND REQUIREMENTS FOR DO-NOT-RESUSCITATE ORDERS.Printed as Section 166.003(2)(E)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.