Tex. Health & Safety Code § 166.032 · Subchapter B. DIRECTIVE TO PHYSICIANS
WRITTEN DIRECTIVE BY COMPETENT ADULT; NOTICE TO PHYSICIAN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A competent adult may at any time execute a written directive.
(b) Except as provided by Subsection (b-1), the declarant must sign the directive in the presence of two witnesses who qualify under Section 166.003, at least one of whom must be a witness who qualifies under Section 166.003(2). The witnesses must sign the directive.
(b-1) The declarant, in lieu of signing in the presence of witnesses, may sign the directive and have the signature acknowledged before a notary public.
(c) A declarant may include in a directive directions other than those provided by Section 166.033 and may designate in a directive a person to make a health care or treatment decision for the declarant in the event the declarant becomes incompetent or otherwise mentally or physically incapable of communication.
(d) A declarant shall notify the attending physician of the existence of a written directive. If the declarant is incompetent or otherwise mentally or physically incapable of communication, another person may notify the attending physician of the existence of the written directive. The attending physician shall make the directive a part of the declarant's medical record.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 209, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 291, Sec. 1, eff. Jan. 1, 1998. Renumbered from Sec. 672.003 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 461 (H.B. 2585), Sec. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 435 (H.B. 3074), Sec. 3, 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 bad4181702d74bd9d782d24fe4b07427378cd2e4bb9e5a08529dd71693b0cc2a
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 166.032. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 166.031DEFINITIONS.Printed as Section 166.032, 166.034, or 166.035
- Tex. Health & Safety Code § 166.036NOTARIZED DOCUMENT NOT REQUIRED; REQUIREMENT OF SPECIFIC FORM PROHIBITED.Printed as Section 166.032
- Tex. Health & Safety Code § 166.038PROCEDURE WHEN DECLARANT IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.Printed as Section 166.032(c)
- Tex. Health & Safety Code § 166.043REEXECUTION OF DIRECTIVE.Printed as Section 166.032
- Tex. Health & Safety Code § 166.087PROCEDURE WHEN DECLARANT IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.Printed as Section 166.032(c)
- Tex. Health & Safety Code § 166.203GENERAL PROCEDURES AND REQUIREMENTS FOR DO-NOT-RESUSCITATE ORDERS.Printed as Section 166.032, 166.034, 166.035, 166.082, 166.084, or 166.085
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.