Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Delisi                                       H.B. No. 2627

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to anatomical gifts and donor cards.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 521.401, 521.402, and 521.403,

 1-5     Transportation Code, are amended to read as follows:

 1-6           Sec. 521.401.  STATEMENT OF GIFT.  (a)  A person who wishes

 1-7     to be an eye, tissue, or organ donor may execute a statement of

 1-8     gift.

 1-9           (b)  The statement of gift may [shall] be shown by a card

1-10     designed to be carried by the donor to evidence the donor's

1-11     intentions with respect to organ and tissue donation.  A donor card

1-12     signed by the donor shall be given effect as if executed pursuant

1-13     to Section 692.003(d), Health and Safety Code.

1-14           (c)  Donor cards shall be provided to the department by

1-15     qualified organ or tissue procurement organizations, as that term

1-16     is defined in Section 692.002, Health and Safety Code.  The

1-17     department shall provide a means to distribute donor cards to

1-18     interested individuals in each office authorized to issue driver's

1-19     licenses or personal identification certificates.

1-20           (d)  Effective September 1, 1997, a statement of gift on

1-21     driver's licenses or personal identification certificates shall

1-22     have no force and effect, provided, however, that an affirmative

1-23     statement of gift on a [symbol placed on the face of the] person's

1-24     driver's license or personal identification certificate executed

 2-1     prior to September 1, 1997, shall be conclusive evidence of a

 2-2     decedent's status as a donor and serve as consent for organ and

 2-3     tissue removal.

 2-4           [(c)  A statement of gift must be executed each time the

 2-5     person applies for renewal, reinstatement, or replacement of the

 2-6     driver's license or personal identification certificate.]

 2-7           [(d)  A symbol of gift shown on the face of a driver's

 2-8     license or personal identification certificate complies with the

 2-9     requirements of Chapter 692, Health and Safety Code.]

2-10           Sec. 521.402.  [ALTERNATIVE EXECUTION OR] REVOCATION OF

2-11     STATEMENT OF GIFT.  (a)  To revoke an affirmative statement of gift

2-12     on a person's [execute at a time other than on application or

2-13     revoke a statement of gift for the issuance, renewal,

2-14     reinstatement, or replacement of a] driver's license or personal

2-15     identification certificate made prior to September 1, 1997, a

2-16     person must apply to the department for an amendment to the license

2-17     or certificate.

2-18           (b)  The fee for an amendment is the same as the fee for a

2-19     duplicate license.

2-20           Sec. 521.403.  INFORMATION PROVIDED TO HOSPITAL.  The donor

2-21     card [driver's license or personal identification certificate] of a

2-22     person who is involved in an accident or other trauma shall

2-23     accompany the person to the hospital or other health care facility

2-24     [if the person's license or certificate has a statement of gift

2-25     symbolized on it].  The driver's license or personal identification

2-26     certificate issued prior to September 1, 1997, indicating an

2-27     affirmative statement of gift of a person who is involved in an

2-28     accident or other trauma, shall accompany the person to the

2-29     hospital or health care facility if the person does not have a

2-30     donor card.

 3-1           SECTION 2.  Section 692.002, Health and Safety Code, is

 3-2     amended by adding a new Subdivision (4) and renumbering existing

 3-3     Subdivisions (4) through (8) to read as follows:

 3-4                 (4)  "Donor card" means a card designed to be carried

 3-5     by a donor to evidence the donor's intentions with respect to organ

 3-6     donations.

 3-7                 (5)  "Eye bank" means a nonprofit corporation chartered

 3-8     under the laws of this state to obtain, store, and distribute donor

 3-9     eyes to be used by ophthalmologists for corneal transplants,

3-10     research, or other medical purposes.

3-11                 (6) [(5)]  "Hospital" means a hospital:

3-12                       (A)  licensed, accredited, or approved under the

3-13     laws of any state; or

3-14                       (B)  operated by the federal government, a state

3-15     government, or a political subdivision of a state government.

3-16                 (7) [(6)]  "Part" includes an organ, tissue, eye, bone,

3-17     artery, blood, other fluid, and other parts of a human body.

3-18                 (8) [(7)]  "Physician" means a physician licensed or

3-19     authorized to practice under the laws of any state.

3-20                 (9) [(8)]  "Qualified organ or tissue procurement

3-21     organization" means an organization that procures and distributes

3-22     organs or tissues for transplantation, research, or other medical

3-23     purposes and is:

3-24                       (A)  affiliated with a university or hospital; or

3-25                       (B)  registered to operate as a nonprofit

3-26     organization in this state for the primary purpose of organ or

3-27     tissue procurement.

3-28           SECTION 3.  Subsection (e), Section 692.003, Health and

3-29     Safety Code, is amended to read as follows:

3-30           (e)  A gift made under this section by a person 18 years of

 4-1     age or older, including a gift made under Section 521.401,

 4-2     Transportation Code [11B, Chapter 173, Acts of the 47th

 4-3     Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas

 4-4     Civil Statutes)], shall be honored without obtaining the approval

 4-5     or consent of any other person.

 4-6           SECTION 4.  Section 692.014, Health and Safety Code, is

 4-7     amended to read as follows:

 4-8           Sec. 692.014.  PROCEDURES.  (a)  At or near the time of

 4-9     notification of death, if it is unclear whether the decedent is or

4-10     is not a donor, the organ or tissue procurement organization or its

4-11     designee shall ask the person authorized to make an anatomical gift

4-12     on behalf of the decedent under Section 692.004, according to the

4-13     priority established by that section, whether the decedent is or is

4-14     not a donor.  The inquiry shall be made in accordance with the

4-15     protocol established under Section 692.013 and with the procedures

4-16     established under Subchapter Q, Chapter 521, Transportation Code

4-17     [Section 11B, Chapter 173, Acts of the 47th Legislature, Regular

4-18     Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)].

4-19           (b)  If the decedent is a donor 18 years of age or older, the

4-20     decedent's anatomical gift made under Section 692.003, including a

4-21     gift made under Section 521.401, Transportation Code [11B, Chapter

4-22     173, Acts of the 47th Legislature, Regular Session, 1941 (Article

4-23     6687b, Vernon's Texas Civil Statutes)], shall be honored without

4-24     obtaining the approval or consent of any other person.

4-25           (c)  A copy of the decedent's donor card or a decedent's

4-26     driver's license or personal identification certificate with an

4-27     affirmative statement of gift issued prior to September 1, 1997,

4-28     [card with a statement of anatomical gift symbolized on it or a

4-29     document executed in accordance with Section 692.003] is conclusive

4-30     evidence of the decedent's status as a donor and serves as consent

 5-1     for the organ or tissue removal.

 5-2           (d)  If the decedent is not a declared donor, the organ or

 5-3     tissue procurement organization or its designee shall inform the

 5-4     person of the option to donate the decedent's organs and tissues

 5-5     according to the procedures established under this chapter and

 5-6     under Subchapter Q, Chapter 521, Transportation Code [Section 11B,

 5-7     Chapter 173, Acts of the 47th Legislature, Regular Session, 1941

 5-8     (Article 6687b, Vernon's Texas Civil Statutes)].

 5-9           SECTION 5.  The Department of Public Safety of the State of

5-10     Texas may continue to use its current supply of driver's licenses

5-11     and personal identification cards; however, the department shall

5-12     not place any information on the driver's licenses and personal

5-13     identification cards pertaining to the person's status as an organ

5-14     donor after September 1, 1997.

5-15           SECTION 6.  This Act takes effect September 1, 1997.

5-16           SECTION 7.  The importance of this legislation and the

5-17     crowded condition of the calendars in both houses create an

5-18     emergency and an imperative public necessity that the

5-19     constitutional rule requiring bills to be read on three several

5-20     days in each house be suspended, and this rule is hereby suspended.