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
2-44 -------------------------------------------------------------------
2-45 Name: Manuel Zapata x
2-46 Representing: TX Department of Health
2-47 City: Austin
2-48 -------------------------------------------------------------------
2-49 Name: David Marwitz x
2-50 Representing: TX Hospital Association
2-51 City: Austin
2-52 -------------------------------------------------------------------
2-53 Name: William R. Creasey x
2-54 Representing: Organ Procurement Adv. Comm.
2-55 City: Dallas
2-56 -------------------------------------------------------------------
2-57 Name: Robert Micheal Goldstein x
2-58 Representing: Texas Medical Association
2-59 City: Dallas
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