BILL ANALYSIS


                                                    C.S.H.B. 1483
                                               By: Tillery (Cain)
                                             Economic Development
                                                         05-23-95
                            Senate Committee Report (Substituted)
BACKGROUND

Texas schools or colleges of mortuary science currently obtain the
bodies of deceased 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. Some states, such as Colorado and
Illinois, have established laws requiring such consent from a
family member or other authorized persons prior to embalming a
deceased human body.

PURPOSE

As proposed, C.S.H.B. 1483 requires a school or college of mortuary
science, which uses a body for research, educational, or
instructional purposes, to obtain written consent consistent with
the consent required for medical schools and the State Anatomical
Board.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
state agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3H, Article 4582b, V.T.C.S., to add using
or allowing the use of a dead human body for research, educational,
or instructional purposes without complying with the requirements
of Section 4A of this Act to the provisions included as a violation
of this Act.

SECTION 2. Amends Chapter 251, Article 4582b, V.T.C.S., by adding
Section 4A, as follows:

     Sec. 4A. USE OF BODY BY SCHOOL OF MORTUARY SCIENCE. (a)
     Prohibits a school or college of mortuary science from using
     a dead human body for educational or instructional purposes
     without the written consent of a person authorized to consent
     to such use.
     
     (b) Prohibits a funeral director or embalmer from releasing
       a dead human body for delivery to a school or college of
       mortuary science, and a school or college of mortuary
       science may not accept a dead human body without actual
       possession of the written consent required under Subsection
       (a) of this section.
       
       (c) Requires a copy of the written consent required under
       Subsection (a) of this section to be retained for a minimum
       of two years by both the funeral home and permanently by the
       school or college of mortuary science.  Requires records of
       the funeral home maintained under this subsection to be
       reasonably available for inspection by the Texas Funeral
       Service Commission (commission), the person who provided the
       consent, or the next of kin of the deceased person. 
       Requires the records of the school or college of mortuary
       science to be reasonably available for inspection by the
       commission.
       
       (d) Sets forth certain information required to be printed
       above the signature line of a a written consent form under
       this section. 
       
       (e)  Provides that the provisions of Section 4A shall not
       apply with respect to a dead human body obtained by a school
       or college of mortuary science pursuant to the provisions
       relating to the Texas Anatomical Board of the Texas
       Anatomical Gift Act under Chapters 691 and 692.
       
       
SECTION 3. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 4. Emergency clause.