Sec. 166.048. CRIMINAL PENALTY; PROSECUTION. (a) A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's directive without that person's consent. An offense under this subsection is a Class A misdemeanor.
(b) A person is subject to prosecution for criminal homicide under Chapter 19, Penal Code, if the person, with the intent to cause life-sustaining treatment to be withheld or withdrawn from another person contrary to the other person's desires, falsifies or forges a directive or intentionally conceals or withholds personal knowledge of a revocation and thereby directly causes life-sustaining treatment to be withheld or withdrawn from the other person with the result that the other person's death is hastened.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Sec. 672.018 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.
Structure Texas Statutes
Subtitle H - Public Health Provisions
Chapter 166 - Advance Directives
Subchapter B. Directive to Physicians
Section 166.032. Written Directive by Competent Adult; Notice to Physician
Section 166.033. Form of Written Directive
Section 166.034. Issuance of Nonwritten Directive by Competent Adult Qualified Patient
Section 166.035. Execution of Directive on Behalf of Patient Younger Than 18 Years of Age
Section 166.036. Notarized Document Not Required; Requirement of Specific Form Prohibited
Section 166.037. Patient Desire Supersedes Directive
Section 166.038. Procedure When Declarant Is Incompetent or Incapable of Communication
Section 166.040. Patient Certification and Prerequisites for Complying With Directive
Section 166.041. Duration of Directive
Section 166.042. Revocation of Directive
Section 166.043. Reexecution of Directive
Section 166.044. Limitation of Liability for Withholding or Withdrawing Life-Sustaining Procedures
Section 166.045. Liability for Failure to Effectuate Directive
Section 166.046. Procedure if Not Effectuating a Directive or Treatment Decision
Section 166.047. Honoring Directive Does Not Constitute Offense of Aiding Suicide
Section 166.048. Criminal Penalty; Prosecution
Section 166.049. Pregnant Patients
Section 166.050. Mercy Killing Not Condoned
Section 166.051. Legal Right or Responsibility Not Affected
Section 166.052. Statements Explaining Patient's Right to Transfer