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A BILL TO BE ENTITLED
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AN ACT
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relating to the making of an anatomical gift. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 692A.005(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A donor or other person authorized to make an anatomical |
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gift under Section 692A.004 may make a gift by a donor card or other |
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record signed by the donor or other person making the gift or by |
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authorizing that a statement or symbol indicating the donor has |
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made an anatomical gift be included on a donor registry. If the |
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donor or other person is physically unable to sign a record, the |
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record may be signed by another individual at the direction of the |
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donor or other person and must: |
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(1) be witnessed by at least two adults, at least one |
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of whom is a disinterested witness, who have signed at the request |
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of the donor or the other person, or be acknowledged before a notary |
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public; and |
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(2) state that the record has been signed and |
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witnessed or acknowledged as provided in Subdivision (1). |
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SECTION 2. Section 692A.005(e), Health and Safety Code, is |
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added to read as follows: |
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(e) An anatomical gift made through an online donor registry |
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does not require any witnesses or the consent of any person. The |
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online registration is a document of gift under this chapter and |
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remains binding after the donor's death unless amended or revoked |
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by the donor. |
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SECTION 3. Section 692A.006(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A record signed pursuant to Subsection (a)(1)(C) must: |
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(1) be witnessed by at least two adults, at least one |
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of whom is a disinterested witness, who have signed at the request |
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of the donor or the other person, or be acknowledged before a notary |
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public; and |
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(2) state that the record has been signed and |
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witnessed or acknowledged as provided in Subdivision (1). |
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SECTION 4. Section 692A.007(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A record signed pursuant to Subsection (a)(1)(B) must: |
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(1) be witnessed by at least two adults, at least one |
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of whom is a disinterested witness, who have signed at the request |
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of the individual, or be acknowledged before a notary public; and |
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(2) state that the record has been signed and |
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witnessed or acknowledged as provided in Subdivision (1). |
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SECTION 5. Chapter 692, Health and Safety Code, is |
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repealed. |
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SECTION 6. Sections 692A.005, 692A.006, and 692A.007, |
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Health and Safety Code, as amended by this Act, apply only to the |
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validity of a record executed on or after the effective date of this |
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Act. The validity of a record executed before the effective date of |
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this Act is governed by the law in effect on the date the record was |
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executed, and that law continues in effect for that purpose. |
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SECTION 7. (a) Except as otherwise provided in this |
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section, the changes in law made by this Act apply to: |
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(1) a record described by Section 692A.005, 692A.006, |
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or 692A.007, Health and Safety Code, as amended by this Act, created |
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before, on, or after the effective date of this Act; and |
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(2) a judicial proceeding concerning a record |
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described by Subdivision (1) of this subsection that: |
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(A) commences on or after the effective date of |
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this Act; or |
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(B) is pending on the effective date of this Act. |
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(b) If the court finds that application of a provision of |
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this Act would substantially interfere with the effective conduct |
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of a judicial proceeding concerning a record described by |
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Subsection (a)(1) of this section that is pending on the effective |
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date of this Act or prejudice the rights of a party to the |
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proceeding, the provision of this Act does not apply, and the law in |
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effect immediately before the effective date of this Act applies in |
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those circumstances. |
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SECTION 8. This Act takes effect September 1, 2021. |