Texas § HS.597.049 - DETERMINATION OF BEST INTEREST
Full text of Texas The Texas Constitution § HS.597.049 — DETERMINATION OF BEST INTEREST, with citation guidance and answers to common questions.
§ HS.597.049. DETERMINATION OF BEST INTEREST
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.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § HS.597.049
What does The Texas Constitution § HS.597.049 cover?
Section HS.597.049 ("DETERMINATION OF BEST INTEREST") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.597.049?
A common citation format is "The Texas Constitution § HS.597.049" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.597.049 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.