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AN ACT
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relating to the manner of executing certain anatomical gift |
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records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 692A.005, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(b-1) to read as follows: |
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(a) A donor may make an anatomical gift: |
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(1) by authorizing a statement or symbol indicating |
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that the donor has made an anatomical gift to be imprinted on the |
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donor's driver's license or identification card; |
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(2) in a will; |
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(3) during a terminal illness or injury of the donor, |
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by any form of communication addressed to at least two adults, at |
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least one of whom is a disinterested witness; or |
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(4) as provided in Subsection (b) or (b-1). |
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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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(b-1) A donor or other person authorized to make an |
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anatomical gift under Section 692A.004 may make a gift through an |
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online registry. The online registration: |
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(1) does not require the consent of another person or |
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require a witness to sign at the donor's request or a notary public |
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to acknowledge the gift; and |
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(2) constitutes a legal document under this chapter |
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that remains binding after the donor's death. |
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SECTION 2. 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 3. 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 4. Chapter 692, Health and Safety Code, is |
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repealed. |
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SECTION 5. 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 6. The change in law made by this Act applies only |
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to a document executed on or after the effective date of this Act. A |
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document executed before the effective date of this Act is governed |
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by the law on the date the document was executed, and that law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2186 passed the Senate on |
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April 20, 2023, by the following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2186 passed the House on |
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May 17, 2023, by the following vote: Yeas 115, Nays 29, |
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one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |