1-1  By:  Lewis (Senate Sponsor - Madla)                   H.B. No. 1206
    1-2        (In the Senate - Received from the House May 3, 1993;
    1-3  May 4, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; May 11, 1993, reported favorably by the
    1-5  following vote:  Yeas 9, Nays 0; May 11, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Zaffirini          x                               
    1-9        Ellis              x                               
   1-10        Madla              x                               
   1-11        Moncrief           x                               
   1-12        Nelson             x                               
   1-13        Patterson          x                               
   1-14        Shelley            x                               
   1-15        Truan              x                               
   1-16        Wentworth          x                               
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to anatomical gifts.
   1-20        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-21        SECTION 1.  Sections 11B(f) and (g), Chapter 173, Acts of the
   1-22  47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
   1-23  Texas Civil Statutes), are amended to read as follows:
   1-24        (f)  If the deceased is not a declared donor and if a person
   1-25  listed in Section 692.004, Health and Safety Code, is not <cannot
   1-26  be identified and> contacted within four hours after death is
   1-27  pronounced <and the medical examiner determines that no reasonable
   1-28  likelihood exists that a person can be identified and contacted
   1-29  during the four-hour period>, the medical examiner may permit the
   1-30  removal of a visceral organ or tissue.  In this subsection,
   1-31  "visceral organ" means the heart, lung, kidney, liver, or other
   1-32  organ or tissue that requires a patient support system to maintain
   1-33  the viability of the organ or tissue.
   1-34        (g)  A person who carries <performs in good faith in
   1-35  carrying> out this section is not civilly or criminally liable <for
   1-36  the person's good-faith efforts to comply with this section>.  The
   1-37  legislature recognizes that because swiftness of action is required
   1-38  in organ and tissue donation situations, good-faith errors are
   1-39  preferable to delay as a matter of public policy.  Medical
   1-40  examiners are encouraged to permit organ and tissue removal at the
   1-41  earliest possible time consistent with their duties regarding the
   1-42  cause and manner of death.
   1-43        SECTION 2.  Section 692.014, Health and Safety Code, is
   1-44  amended to read as follows:
   1-45        Sec. 692.014.  Procedures.  (a)  At <In accordance with the
   1-46  protocol established under Section 692.013 and with procedures
   1-47  established under Section 11B, Chapter 173, Acts of the 47th
   1-48  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   1-49  Civil Statutes), at> or near the time of notification of death, if
   1-50  it is unclear whether the decedent is or is not a donor, the organ
   1-51  or tissue procurement organization or its designee shall ask the
   1-52  person authorized to make an anatomical gift on behalf of the
   1-53  decedent under Section 692.004, according to the priority
   1-54  established by that section, whether <if> the decedent is or is not
   1-55  a donor.  The inquiry shall be made in accordance with the protocol
   1-56  established under Section 692.013 and with procedures established
   1-57  under Section 11B, Chapter 173, Acts of the 47th Legislature,
   1-58  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
   1-59  Statutes).
   1-60        (b)  <If there are two or more persons in the same priority
   1-61  class authorized to make a gift under Section 692.004, the organ or
   1-62  tissue procurement organization or its designee shall ask those
   1-63  class members reasonably available at or near the time of
   1-64  notification of death.>
   1-65        <(c)>  If the decedent is a donor 18 years of age or older,
   1-66  the decedent's anatomical gift made under Section 692.003,
   1-67  including a gift made under Section 11B, Chapter 173, Acts of the
   1-68  47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
    2-1  Texas Civil Statutes), shall be honored without obtaining the
    2-2  approval or consent of any other person.
    2-3        (c) <(d)>  A copy <photocopy> of the decedent's driver's
    2-4  license or personal identification card with a statement of
    2-5  anatomical gift symbolized on it or a document executed in
    2-6  accordance with Section 692.003 <telefaxed message from an organ or
    2-7  tissue procurement organization> is conclusive evidence of the
    2-8  decedent's status as a donor and serves as consent for the organ or
    2-9  tissue removal.
   2-10        (d) <(e)>  If the decedent is not a declared donor, the organ
   2-11  or tissue procurement organization or its designee shall inform the
   2-12  person of the option to donate the decedent's organs and tissues
   2-13  according to the procedures established under this chapter and
   2-14  under Section 11B, Chapter 173, Acts of the 47th Legislature,
   2-15  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
   2-16  Statutes).
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.
   2-24                               * * * * *
   2-25                                                         Austin,
   2-26  Texas
   2-27                                                         May 11, 1993
   2-28  Hon. Bob Bullock
   2-29  President of the Senate
   2-30  Sir:
   2-31  We, your Committee on Health and Human Services to which was
   2-32  referred H.B. No. 1206, have had the same under consideration, and
   2-33  I am instructed to report it back to the Senate with the
   2-34  recommendation that it do pass and be printed.
   2-35                                                         Zaffirini,
   2-36  Chair
   2-37                               * * * * *
   2-38                               WITNESSES
   2-39                                                  FOR   AGAINST  ON
   2-40  ___________________________________________________________________
   2-41  Name:  Suzanna Dang, M.D.                        x
   2-42  Representing:  Self
   2-43  City:  Martindale
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   2-45  Name:  Manuel Zapata                                           x
   2-46  Representing:  TX Department of Health
   2-47  City:  Austin
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   2-49  Name:  David Marwitz                             x
   2-50  Representing:  TX Hospital Association
   2-51  City:  Austin
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   2-53  Name:  William R. Creasey                        x
   2-54  Representing:  Organ Procurement Adv. Comm.
   2-55  City:  Dallas
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   2-57  Name:  Robert Micheal Goldstein                  x
   2-58  Representing:  Texas Medical Association
   2-59  City:  Dallas
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