73R6094 KLL-D
By Lewis H.B. No. 1206
Substitute the following for H.B. No. 1206:
By McCall C.S.H.B. No. 1206
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to anatomical gifts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 11B(f) and (g), Chapter 173, Acts of the
1-5 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
1-6 Texas Civil Statutes), are amended to read as follows:
1-7 (f) If the deceased is not a declared donor and if a person
1-8 listed in Section 692.004, Health and Safety Code, is not <cannot
1-9 be identified and> contacted within four hours after death is
1-10 pronounced <and the medical examiner determines that no reasonable
1-11 likelihood exists that a person can be identified and contacted
1-12 during the four-hour period>, the medical examiner may permit the
1-13 removal of a visceral organ or tissue. In this subsection,
1-14 "visceral organ" means the heart, lung, kidney, liver, or other
1-15 organ or tissue that requires a patient support system to maintain
1-16 the viability of the organ or tissue.
1-17 (g) A person who carries <performs in good faith in
1-18 carrying> out this section is not civilly or criminally liable <for
1-19 the person's good-faith efforts to comply with this section>. The
1-20 legislature recognizes that because swiftness of action is required
1-21 in organ and tissue donation situations, good-faith errors are
1-22 preferable to delay as a matter of public policy. Medical
1-23 examiners are encouraged to permit organ and tissue removal at the
1-24 earliest possible time consistent with their duties regarding the
2-1 cause and manner of death.
2-2 SECTION 2. Section 692.014, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 692.014. Procedures. (a) At <In accordance with the
2-5 protocol established under Section 692.013 and with procedures
2-6 established under Section 11B, Chapter 173, Acts of the 47th
2-7 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-8 Civil Statutes), at> or near the time of notification of death, if
2-9 it is unclear whether the decedent is or is not a donor, the organ
2-10 or tissue procurement organization or its designee shall ask the
2-11 person authorized to make an anatomical gift on behalf of the
2-12 decedent under Section 692.004, according to the priority
2-13 established by that section, whether <if> the decedent is or is not
2-14 a donor. The inquiry shall be made in accordance with the protocol
2-15 established under Section 692.013 and with procedures established
2-16 under Section 11B, Chapter 173, Acts of the 47th Legislature,
2-17 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
2-18 Statutes).
2-19 (b) <If there are two or more persons in the same priority
2-20 class authorized to make a gift under Section 692.004, the organ or
2-21 tissue procurement organization or its designee shall ask those
2-22 class members reasonably available at or near the time of
2-23 notification of death.>
2-24 <(c)> If the decedent is a donor 18 years of age or older,
2-25 the decedent's anatomical gift made under Section 692.003,
2-26 including a gift made under Section 11B, Chapter 173, Acts of the
2-27 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
3-1 Texas Civil Statutes), shall be honored without obtaining the
3-2 approval or consent of any other person.
3-3 (c) <(d)> A copy <photocopy> of the decedent's driver's
3-4 license or personal identification card with a statement of
3-5 anatomical gift symbolized on it or a document executed in
3-6 accordance with Section 692.003 <telefaxed message from an organ or
3-7 tissue procurement organization> is conclusive evidence of the
3-8 decedent's status as a donor and serves as consent for the organ or
3-9 tissue removal.
3-10 (d) <(e)> If the decedent is not a declared donor, the organ
3-11 or tissue procurement organization or its designee shall inform the
3-12 person of the option to donate the decedent's organs and tissues
3-13 according to the procedures established under this chapter and
3-14 under Section 11B, Chapter 173, Acts of the 47th Legislature,
3-15 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
3-16 Statutes).
3-17 SECTION 3. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.