BILL ANALYSIS



H.B. 1483
By: Tillery
03-07-95
Committee Report (Unamended)

BACKGROUND

Texas schools or colleges of mortuary science are currently
obtaining the bodies of deceased 1483
human beings from private funeral homes for research, educational
and instructional purposes without the knowledge, consent or
permission of the deceased prior to death or the deceased's next of
kin. States such as Colorado and Illinois have established laws
requiring such consent from a family member or other authorized
person prior to embalming a deceased human body.

PURPOSE

The bill requires a funeral home, which provides the body, and a
school or college of mortuary science, which uses the body for
research, educational or instructional purposes, to obtain prior
written consent. 

RULEMAKING AUTHORITY

It is the opinion of the committee that Section 4 of this bill
expressly delegates rulemaking authority to the Anatomical Board of
the State of Texas by allowing it to adopt rules governing the use
of a dead human body for research, educational or instructional
purposes, and the manner by which consent for the body is obtained,
as long as those rules are consistent with Section 4A of Article
4582b, Vernon's Texas Civil Statutes.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1, subsection L of Article 4582b of the
Texas Civil Statutes to  specify that the terms "commercial
embalmer" and "commercial embalming establishment"     do not
include a school or college of mortuary science.

SECTION 2.  Amends Section 3, subsection H of Article 4582b of the
Texas Civil Statutes to
     add paragraph 30 which establishes that using or allowing the
use of a dead human body
     for research, educational or instructional purposes without a
written consent in compliance      with Chapter 691 or Chapter 692
of the Health and Safety Code is a violation of Article     4582b.

SECTION 3.  Amends Article 4582b of the Texas Civil Statues by
adding section 4A as follows:

     Section 4A(a) prohibits a school or college of mortuary
     science from using a deceased human body for research,
     educational or instructional purposes without obtaining
     written consent that conforms with either Chapter 691 or
     Chapter 692 of the Health and Safety Code.

     Section 4A(b) requires written consent to be given in a
     separate document which is not part of the funeral purchase
     agreement.

     Section 4A(c) requires the written consent form to be
     maintained as a permanent record at the funeral home and
     school or college of mortuary science and available for
     inspection.

     Section 4A(d) prohibits transfer of a body for instructional
purposes unless the      parties possess the written consent as
stipulated in this section.

SECTION 4.  Amends Chapter 691, Subchapter B of the Health and
Safety Code by adding    Section 691.0341, USE OF BODIES BY SCHOOLS
OF MORTUARY SCIENCE. This authorizes the State's Anatomical Board
to adopt rules governing the use of dead human bodies by the
schools and the procedures for obtaining consent, as long as the
rules do not conflict with Section 4A of Vernon's Texas Civil
Statutes, Article 4582b, which gives the Funeral Commission
authority to set licensing fees and penalties for funeral
establishments. 


SECTION 5.  Effective date: September 1, 1995. 

SECTION 6.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

H.B. 1483 was considered in a public hearing on March 7, 1995.
Testifying for the bill were Representative Tillery; Nanette
Russell-Scroggins, representing self; Jean Coston, representing
self; and Ray Coston, representing self. No one testified against
the bill. A motion to report H.B. 1483, unamended, back to the full
House with the recommendation that it do pass and be printed
carried with a vote of 5 Ayes, 0 Nays, 0 PNV, and 4 Absent.