By:  Moncrief                                          S.B. No. 952

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to anatomical gifts and donor cards.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Sections 521.401, 521.402, and 521.403,

 1-4     Transportation Code, are amended to read as follows:

 1-5           Sec. 521.401.  STATEMENT OF GIFT.  (a)  A person who wishes

 1-6     to be an eye, tissue, or organ donor may execute a statement of

 1-7     gift.

 1-8           (b)  The statement of gift may [shall] be shown by a card

 1-9     designed to be carried by the donor to evidence the donor's

1-10     intentions with respect to organ, tissue, and eye donation.  A

1-11     donor card signed by the donor shall be given effect as if executed

1-12     pursuant to Section 692.003(d), Health and Safety Code.

1-13           (c)  Donor cards shall be provided to the department by

1-14     qualified organ or tissue procurement organizations or eye banks,

1-15     as those terms are defined in Section 692.002, Health and Safety

1-16     Code.  The department shall provide a means to distribute donor

1-17     cards to interested individuals in each office authorized to issue

1-18     driver's licenses or personal identification certificates.  The

1-19     department and other appropriate state agencies, in cooperation

1-20     with qualified organ, tissue, and eye bank organizations shall

1-21     pursue the development of a combined statewide database of donors.

1-22           (d)  Effective September 1, 1997, a statement of gift on

1-23     driver's licenses or personal identification certificates shall

 2-1     have no force and effect, provided, however, that an affirmative

 2-2     statement of gift on a [symbol placed on the face of the] person's

 2-3     driver's license or personal identification certificate executed

 2-4     prior to September 1, 1997, shall be conclusive evidence of a

 2-5     decedent's status as a donor and serve as consent for organ,

 2-6     tissue, and eye removal.

 2-7           [(c)  A statement of gift must be executed each time the

 2-8     person applies for renewal, reinstatement, or replacement of the

 2-9     driver's license or personal identification certificate.]

2-10           [(d)  A symbol of gift shown on the face of a driver's

2-11     license or personal identification certificate complies with the

2-12     requirements of Chapter 692, Health and Safety Code.]

2-13           Sec. 521.402.  [ALTERNATIVE EXECUTION OR] REVOCATION OF

2-14     STATEMENT OF GIFT.  (a)  To revoke an affirmative statement of gift

2-15     on a person's [execute at a time other than on application or

2-16     revoke a statement of gift for the issuance, renewal,

2-17     reinstatement, or replacement of a] driver's license or personal

2-18     identification certificate made prior to September 1, 1997, a

2-19     person must apply to the department for an amendment to the license

2-20     or certificate.

2-21           (b)  The fee for an amendment is the same as the fee for a

2-22     duplicate license.

2-23           Sec. 521.403.  INFORMATION PROVIDED TO HOSPITAL.  The donor

2-24     card [driver's license or personal identification certificate] of a

2-25     person who is involved in an accident or other trauma shall

 3-1     accompany the person to the hospital or other health care facility

 3-2     [if the person's license or certificate has a statement of gift

 3-3     symbolized on it].  The driver's license or personal identification

 3-4     certificate issued prior to September 1, 1997, indicating an

 3-5     affirmative statement of gift of a person who is involved in an

 3-6     accident or other trauma, shall accompany the person to the

 3-7     hospital or health care facility if the person does not have a

 3-8     donor card.

 3-9           SECTION 2.  Section 692.002, Health and Safety Code, is

3-10     amended by adding a new Subdivision (4) and renumbering existing

3-11     Subdivisions (4) through (8) to read as follows:

3-12                 (4)  "Donor card" means a card designed to be carried

3-13     by a donor to evidence the donor's intentions with respect to

3-14     organ, tissue, or eye donations.

3-15                 (5)  "Eye bank" means a nonprofit corporation chartered

3-16     under the laws of this state to obtain, store, and distribute donor

3-17     eyes to be used by ophthalmologists for corneal transplants,

3-18     research, or other medical purposes.

3-19                 (6) [(5)]  "Hospital" means a hospital:

3-20                       (A)  licensed, accredited, or approved under the

3-21     laws of any state; or

3-22                       (B)  operated by the federal government, a state

3-23     government, or a political subdivision of a state government.

3-24                 (7) [(6)]  "Part" includes an organ, tissue, eye, bone,

3-25     artery, blood, other fluid, and other parts of a human body.

 4-1                 (8) [(7)]  "Physician" means a physician licensed or

 4-2     authorized to practice under the laws of any state.

 4-3                 (9) [(8)]  "Qualified organ or tissue procurement

 4-4     organization" means an organization that procures and distributes

 4-5     organs or tissues for transplantation, research, or other medical

 4-6     purposes and is:

 4-7                       (A)  affiliated with a university or hospital; or

 4-8                       (B)  registered to operate as a nonprofit

 4-9     organization in this state for the primary purpose of organ or

4-10     tissue procurement.

4-11           SECTION 3.  Subsection (e), Section 692.003, Health and

4-12     Safety Code, is amended to read as follows:

4-13           (e)  A gift made under this section by a person 18 years of

4-14     age or older, including a gift made under Section 521.401,

4-15     Transportation Code [11B, Chapter 173, Acts of the 47th

4-16     Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas

4-17     Civil Statutes)], shall be honored without obtaining the approval

4-18     or consent of any other person.

4-19           SECTION 4.  Section 692.014, Health and Safety Code, is

4-20     amended to read as follows:

4-21           Sec. 692.014.  PROCEDURES.  (a)  At or near the time of

4-22     notification of death, if it is unclear whether the decedent is or

4-23     is not a donor, the organ or tissue procurement organization or its

4-24     designee shall ask the person authorized to make an anatomical gift

4-25     on behalf of the decedent under Section 692.004, according to the

 5-1     priority established by that section, whether the decedent is or is

 5-2     not a donor.  The inquiry shall be made in accordance with the

 5-3     protocol established under Section 692.013 and with the procedures

 5-4     established under Subchapter Q, Chapter 521, Transportation Code

 5-5     [Section 11B, Chapter 173, Acts of the 47th Legislature, Regular

 5-6     Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)].

 5-7           (b)  If the decedent is a donor 18 years of age or older, the

 5-8     decedent's anatomical gift made under Section 692.003, including a

 5-9     gift made under Section 521.401, Transportation Code [11B, Chapter

5-10     173, Acts of the 47th Legislature, Regular Session, 1941 (Article

5-11     6687b, Vernon's Texas Civil Statutes)], shall be honored without

5-12     obtaining the approval or consent of any other person.

5-13           (c)  A copy of the decedent's donor card or a decedent's

5-14     driver's license or personal identification certificate with an

5-15     affirmative statement of gift issued prior to September 1, 1997,

5-16     [card with a statement of anatomical gift symbolized on it or a

5-17     document executed in accordance with Section 692.003] is conclusive

5-18     evidence of the decedent's status as a donor and serves as consent

5-19     for the organ, [or] tissue, or eye removal.

5-20           (d)  If the decedent is not a declared donor, the organ or

5-21     tissue procurement organization or its designee shall inform the

5-22     person of the option to donate the decedent's organs, [and]

5-23     tissues, and eyes according to the procedures established under

5-24     this chapter and under Subchapter Q, Chapter 521, Transportation

5-25     Code [Section 11B, Chapter 173, Acts of the 47th Legislature,

 6-1     Regular Session, 1941 (Article 6687b, Vernon's Texas Civil

 6-2     Statutes)].

 6-3           SECTION 5.  The Department of Public Safety of the State of

 6-4     Texas may continue to use its current supply of driver's licenses

 6-5     and personal identification cards; however, the department shall

 6-6     not place any information on the driver's licenses and personal

 6-7     identification cards pertaining to the person's status as an organ

 6-8     donor after September 1, 1997.

 6-9           SECTION 6.  This Act takes effect September 1, 1997.

6-10           SECTION 7.  The importance of this legislation and the

6-11     crowded condition of the calendars in both houses create an

6-12     emergency and an imperative public necessity that the

6-13     constitutional rule requiring bills to be read on three several

6-14     days in each house be suspended, and this rule is hereby suspended.