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.