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.