By Lewis of Orange H.B. No. 1713
74R1516 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to anatomical gifts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 692.002(1) and (4), Health and Safety
1-5 Code, are amended to read as follows:
1-6 (1) "Bank or storage facility" means a facility that:
1-7 (A) is licensed, accredited, or approved under
1-8 the laws of any state to store human bodies or body parts; and
1-9 (B) has a physician as its medical director.
1-10 (4) "Eye bank" means a nonprofit corporation chartered
1-11 under the laws of this state to obtain, store, and distribute donor
1-12 eyes to be used <by ophthalmologists> for corneal transplants,
1-13 research, or other medical purposes.
1-14 SECTION 2. Sections 692.003(a) and (e), Health and Safety
1-15 Code, are amended to read as follows:
1-16 (a) A person who has testamentary capacity under the Texas
1-17 Probate Code may give all or part of the person's body for a
1-18 purpose specified by Section 692.005. In addition, a person younger
1-19 than 18 years of age who does not have testamentary capacity may
1-20 make a gift for a purpose specified by Section 692.005 <on the
1-21 person's driver's license or personal identification card>, but
1-22 that gift is not effective without the approval or consent of the
1-23 person's parents or legal guardian if the person is younger than 18
1-24 years of age at the time of death.
2-1 (e) A gift made under this section by a person 18 years of
2-2 age or older<, including a gift made under Section 11B, Chapter
2-3 173, Acts of the 47th Legislature, Regular Session, 1941 (Article
2-4 6687b, Vernon's Texas Civil Statutes),> shall be honored without
2-5 obtaining the approval or consent of any other person.
2-6 SECTION 3. Section 692.005, Health and Safety Code, is
2-7 amended to read as follows:
2-8 Sec. 692.005. PERSONS WHO MAY BECOME DONEES. The following
2-9 persons may be donees of gifts of bodies or parts:
2-10 (1) a hospital or physician, to be used only for
2-11 medical or dental education, research, therapy, transplantation, or
2-12 the advancement of medical or dental science;
2-13 (2) an accredited medical, chiropractic, or dental
2-14 school, college, or university, to be used only for education,
2-15 research, therapy, transplantation, or the advancement of medical
2-16 or dental science;
2-17 (3) a bank or storage facility, to be used only for
2-18 medical or dental education, research, therapy, transplantation, or
2-19 the advancement of medical or dental science;
2-20 (4) a person specified by a physician, to be used only
2-21 for therapy or transplantation needed by the person;
2-22 (5) an eye bank the medical activities of which are
2-23 directed by a physician; or
2-24 (6) the Anatomical Board of the State of Texas.
2-25 SECTION 4. Section 692.014, Health and Safety Code, is
2-26 amended to read as follows:
2-27 Sec. 692.014. PROCEDURES. (a) At or near the time of
3-1 notification of death, if it is unclear whether the decedent is or
3-2 is not a donor, the organ or tissue procurement organization or its
3-3 designee shall ask the person authorized to make an anatomical gift
3-4 on behalf of the decedent under Section 692.004, according to the
3-5 priority established by that section, whether the decedent is or is
3-6 not a donor. The inquiry shall be made in accordance with the
3-7 protocol established under Section 692.013 <and with procedures
3-8 established under Section 11B, Chapter 173, Acts of the 47th
3-9 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-10 Civil Statutes)>.
3-11 (b) If the decedent is a donor 18 years of age or older, the
3-12 decedent's anatomical gift made under Section 692.003<, including a
3-13 gift made under Section 11B, Chapter 173, Acts of the 47th
3-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-15 Civil Statutes),> shall be honored without obtaining the approval
3-16 or consent of any other person.
3-17 (c) A <copy of the decedent's driver's license or personal
3-18 identification card with a statement of anatomical gift symbolized
3-19 on it or a> document executed in accordance with Section 692.003 is
3-20 conclusive evidence of the decedent's status as a donor and serves
3-21 as consent for the organ or tissue removal.
3-22 (d) If the decedent is not a declared donor, the organ or
3-23 tissue procurement organization or its designee shall inform the
3-24 person of the option to donate the decedent's organs and tissues
3-25 according to the procedures established under this chapter <and
3-26 under Section 11B, Chapter 173, Acts of the 47th Legislature,
3-27 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
4-1 Statutes)>.
4-2 SECTION 5. Section 693.023, Health and Safety Code, is
4-3 amended to read as follows:
4-4 Sec. 693.023. EYE ENUCLEATION COURSE. Each person, other
4-5 than a licensed physician, who performs an eye enucleation must
4-6 complete a course in eye enucleation taught by an ophthalmologist
4-7 or an ophthalmologist's designee and must possess a certificate
4-8 showing that the course has been completed.
4-9 SECTION 6. (a) Section 11B, Chapter 173, Acts of the 47th
4-10 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
4-11 Civil Statutes), is repealed.
4-12 (b) The repeal made by this section does not affect the
4-13 validity of an anatomical gift executed under Section 11B, Chapter
4-14 173, Acts of the 47th Legislature, Regular Session, 1941 (Article
4-15 6687b, Vernon's Texas Civil Statutes), before the effective date of
4-16 this Act. An anatomical gift made under that section shall be
4-17 honored as provided by Sections 692.003(a) and (e), Health and
4-18 Safety Code, as those sections existed before the effective date of
4-19 this Act, and Sections 692.003(a) and (e) are continued in effect
4-20 for that purpose.
4-21 SECTION 7. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.