S.B. No. 351
                                        AN ACT
    1-1  relating to clarifying procedures for the removal of organs or
    1-2  tissues from decedents when an inquest is required.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 693.002, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 693.002.  REMOVAL OF BODY PART OR TISSUE FROM DECEDENT
    1-7  WHO DIED <PERMITTED> UNDER <CERTAIN> CIRCUMSTANCES REQUIRING AN
    1-8  INQUEST.  (a)(1)  On a request from a qualified organ procurement
    1-9  organization, as defined in Section 692.002, the medical examiner
   1-10  may permit the removal of organs from a decedent who died under
   1-11  circumstances requiring an inquest by the medical examiner if
   1-12  consent is obtained pursuant to Section 693.003.
   1-13              (2)  If no autopsy is required, the organs to be
   1-14  transplanted shall be released in a timely manner to the qualified
   1-15  organ procurement organization, as defined in Section 692.002, for
   1-16  removal and transplantation.
   1-17              (3)  If an autopsy is required and the medical examiner
   1-18  determines that the removal of the organs will not interfere with
   1-19  the subsequent course of an investigation or autopsy, the organs
   1-20  shall be released in a timely manner for removal and
   1-21  transplantation.  The autopsy will be performed in a timely manner
   1-22  following the removal of the organs.
   1-23              (4)  If the medical examiner is considering withholding
    2-1  one or more organs of a potential donor for any reason, the medical
    2-2  examiner shall be present during the removal of the organs.  In
    2-3  such case, the medical examiner may request a biopsy of those
    2-4  organs or deny removal of the anatomical gift.  If the medical
    2-5  examiner denies removal of the anatomical gift, the medical
    2-6  examiner shall explain in writing the reasons for the denial and
    2-7  shall provide the explanation to the qualified organ procurement
    2-8  organization.
    2-9              (5)  If, in performing the duties required by this
   2-10  subsection, the medical examiner is required to be present at the
   2-11  hospital to examine the decedent prior to removal of the organs or
   2-12  during the procedure to remove the organs, the qualified organ
   2-13  procurement organization shall on request reimburse the county or
   2-14  the entity designated by the county for the actual costs incurred
   2-15  in performing such duties, not to exceed $1,000.  Such
   2-16  reimbursements shall be deposited in the general fund of the
   2-17  county.  The payment shall be applied to the additional costs
   2-18  incurred by the medical examiner's office in performing such
   2-19  duties, including the cost of providing coverage beyond the regular
   2-20  business hours of the medical examiner's office.  The payment shall
   2-21  be used to facilitate the timely procurement of organs in a manner
   2-22  consistent with the preservation of the organs for the purposes of
   2-23  transplantation.
   2-24              (6)  At the medical examiner's request, the health care
   2-25  professional removing organs from a decedent who died under
    3-1  circumstances requiring an inquest shall file with the medical
    3-2  examiner a report detailing the condition of the organs removed and
    3-3  their relationship, if any, to the cause of death.
    3-4        (b)  On a request from a qualified tissue procurement
    3-5  organization, as defined in Section 692.002, the medical examiner
    3-6  may permit the removal of tissue believed to be clinically usable
    3-7  for transplants or other therapy or treatment from a decedent who
    3-8  died under circumstances requiring an inquest by the medical
    3-9  examiner if consent is obtained pursuant to Section 693.003 or, if
   3-10  consent is not required by that section, no objection by a person
   3-11  listed in Section 693.004 is known by the medical examiner.  <Texas
   3-12  nonprofit medical facility that performs organ transplants or a
   3-13  nonprofit organization or corporation that procures organs or
   3-14  tissues for transplantation, the medical examiner may permit the
   3-15  removal of eyes, heart, skin, bone, liver, kidney, or pancreas and
   3-16  other tissue proven to be clinically usable for transplants or
   3-17  other therapy or treatment if:>
   3-18              <(1)  the decedent from whom the body part or tissue is
   3-19  to be removed died under circumstances requiring an inquest by the
   3-20  medical examiner;>
   3-21              <(2)  consent is given as required by Section 693.003
   3-22  or, if consent is not required by that section, no objection by a
   3-23  person listed in Section 693.004 is known by the medical examiner;
   3-24  and>
   3-25              <(3)  the removal of the body part or tissue will not
    4-1  interfere with the subsequent course of an investigation or
    4-2  autopsy.>
    4-3        SECTION 2.  The importance of this legislation and the
    4-4  crowded condition of the calendars in both houses create an
    4-5  emergency and an imperative public necessity that the
    4-6  constitutional rule requiring bills to be read on three several
    4-7  days in each house be suspended, and this rule is hereby suspended,
    4-8  and that this Act take effect and be in force from and after its
    4-9  passage, and it is so enacted.