By:  Moncrief                                          S.B. No. 351
                                 A BILL TO BE ENTITLED
                                        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 believed to be clinically usable
   1-11  for transplants or other therapy or treatment from a decedent who
   1-12  died under circumstances requiring an inquest by the medical
   1-13  examiner if consent is obtained pursuant to Section 693.003.
   1-14              (2)  If no autopsy is required, the organs to be
   1-15  transplanted shall be released in a timely manner to the qualified
   1-16  organ procurement organization, as defined in Section 692.002, for
   1-17  removal and transplantation.
   1-18              (3)  If an autopsy is required, the medical examiner
   1-19  shall perform an autopsy or analysis of the organs in a manner and
   1-20  within a time period compatible with the preservation of the organs
   1-21  for the purposes of transplantation.  The organs shall be released
   1-22  in a timely manner for removal and transplantation, even if it is
   1-23  necessary to release the organs prior to completion of the autopsy.
   1-24              (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.  The payment shall
   2-16  be applied to the additional costs incurred by the medical
   2-17  examiner's office in performing such duties, including the cost of
   2-18  providing coverage beyond the regular business hours of the medical
   2-19  examiner's office.  The payment shall be used to facilitate the
   2-20  timely procurement of organs in a manner consistent with the
   2-21  preservation of the organs for the purposes of transplantation.
   2-22              (6)  At the medical examiner's request, the health care
   2-23  professional removing organs from a decedent who died under
   2-24  circumstances requiring an inquest shall file with the medical
   2-25  examiner a report detailing the condition of the organs removed and
   2-26  their relationship, if any, to the cause of death.  The report
   2-27  shall become part of the medical examiner's report.
    3-1        (b)  On a request from a qualified tissue procurement
    3-2  organization, as defined in Section 692.002, the medical examiner
    3-3  may permit the removal of tissue believed to be clinically usable
    3-4  for transplants or other therapy or treatment from a decedent who
    3-5  died under circumstances requiring an inquest by the medical
    3-6  examiner if consent is obtained pursuant to Section 693.003 or, if
    3-7  consent is not required by that section, no objection by a person
    3-8  listed in Section 693.004 is known by the medical examiner.  <Texas
    3-9  nonprofit medical facility that performs organ transplants or a
   3-10  nonprofit organization or corporation that procures organs or
   3-11  tissues for transplantation, the medical examiner may permit the
   3-12  removal of eyes, heart, skin, bone, liver, kidney, or pancreas and
   3-13  other tissue proven to be clinically usable for transplants or
   3-14  other therapy or treatment if:>
   3-15              <(1)  the decedant from whom the body part or tissue is
   3-16  to be removed died under circumstances requiring an inquest by the
   3-17  medical examiner;>
   3-18              <(2)  consent is given as required by Section 693.003
   3-19  or, if consent is not required by that section, no objection by a
   3-20  person listed in Section 693.004 is known by the medical examiner;
   3-21  and>
   3-22              <(3)  the removal of the body part or tissue will not
   3-23  interfere with the subsequent course of an investigation or
   3-24  autopsy.>
   3-25        SECTION 2.  The importance of this legislation and the
   3-26  crowded condition of the calendars in both houses create an
   3-27  emergency and an imperative public necessity that the
    4-1  constitutional rule requiring bills to be read on three several
    4-2  days in each house be suspended, and this rule is hereby suspended,
    4-3  and that this Act take effect and be in force from and after its
    4-4  passage, and it is so enacted.
    4-5                       COMMITTEE AMENDMENT NO. 1
    4-6        Amend S.B. 351 as follows:
    4-7        1.  In SECTION 1, Section 693.002(a)(1), strike the language
    4-8  "believed to be clinically usable for transplants or other therapy
    4-9  or treatment".
   4-10        2.  In SECTION 1, Section 693.002(a)(3), strike the current
   4-11  language and substitute the following:
   4-12  If an autopsy is required, and the medical examiner determines that
   4-13  the removal of the organ(s) will not interfere with the subsequent
   4-14  course of an investigation or autopsy, the organs shall be released
   4-15  in a timely manner for removal and transplantation.  The autopsy
   4-16  will be performed in a timely manner following the removal of the
   4-17  organs.
   4-18        3.  In SECTION 1, Section 693.002(a)(5), add "Such
   4-19  reimbursements shall be deposited in the general fund of the
   4-20  county." after "not to exceed $1,000."
   4-21        4.  In SECTION 1, Section 693.002(a)(6), strike "The report
   4-22  shall become part of the medical examiner's report."
   4-23                                                             Berlanga