By:  Moncrief                                 S.B. No. 952

         97S0585/1                           

                                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 and tissue donation.  A donor card

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

1-12     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, as that term

1-15     is defined in Section 692.002, Health and Safety Code.  The

1-16     department shall provide a means to distribute donor cards to

1-17     interested individuals in each office authorized to issue driver's

1-18     licenses or personal identification certificates.

1-19           (d)  Effective September 1, 1997, a statement of gift on

1-20     driver's licenses or personal identification certificates shall

1-21     have no force and effect, provided, however, that an affirmative

1-22     statement of gift on a [symbol placed on the face of the] person's

1-23     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

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

 3-2     affirmative statement of gift of a person who is involved in an

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

 3-4     hospital or health care facility if the person does not have a

 3-5     donor card.

 3-6           SECTION 2.  Section 692.002, Health and Safety Code, is

 3-7     amended by adding a new Subdivision (4) and renumbering existing

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

 3-9                 (4)  "Donor card" means a card designed to be carried

3-10     by a donor to evidence the donor's intentions with respect to organ

3-11     donations.

3-12                 (5)  "Eye bank" means a nonprofit corporation chartered

3-13     under the laws of this state to obtain, store, and distribute donor

3-14     eyes to be used by ophthalmologists for corneal transplants,

3-15     research, or other medical purposes.

3-16                 (6) [(5)]  "Hospital" means a hospital:

3-17                       (A)  licensed, accredited, or approved under the

3-18     laws of any state; or

3-19                       (B)  operated by the federal government, a state

3-20     government, or a political subdivision of a state government.

3-21                 (7) [(6)]  "Part" includes an organ, tissue, eye, bone,

3-22     artery, blood, other fluid, and other parts of a human body.

3-23                 (8) [(7)]  "Physician" means a physician licensed or

3-24     authorized to practice under the laws of any state.

3-25                 (9) [(8)]  "Qualified organ or tissue procurement

 4-1     organization" means an organization that procures and distributes

 4-2     organs or tissues for transplantation, research, or other medical

 4-3     purposes and is:

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

 4-5                       (B)  registered to operate as a nonprofit

 4-6     organization in this state for the primary purpose of organ or

 4-7     tissue procurement.

 4-8           SECTION 3.  Subsection (e), Section 692.003, Health and

 4-9     Safety Code, is amended to read as follows:

4-10           (e)  A gift made under this section by a person 18 years of

4-11     age or older, including a gift made under Section 521.401,

4-12     Transportation Code [11B, Chapter 173, Acts of the 47th

4-13     Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas

4-14     Civil Statutes)], shall be honored without obtaining the approval

4-15     or consent of any other person.

4-16           SECTION 4.  Section 692.014, Health and Safety Code, is

4-17     amended to read as follows:

4-18           Sec. 692.014.  PROCEDURES.  (a)  At or near the time of

4-19     notification of death, if it is unclear whether the decedent is or

4-20     is not a donor, the organ or tissue procurement organization or its

4-21     designee shall ask the person authorized to make an anatomical gift

4-22     on behalf of the decedent under Section 692.004, according to the

4-23     priority established by that section, whether the decedent is or is

4-24     not a donor.  The inquiry shall be made in accordance with the

4-25     protocol established under Section 692.013 and with the procedures

 5-1     established under Subchapter Q, Chapter 521, Transportation Code

 5-2     [Section 11B, Chapter 173, Acts of the 47th Legislature, Regular

 5-3     Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)].

 5-4           (b)  If the decedent is a donor 18 years of age or older, the

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

 5-6     gift made under Section 521.401, Transportation Code [11B, Chapter

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

 5-8     6687b, Vernon's Texas Civil Statutes)], shall be honored without

 5-9     obtaining the approval or consent of any other person.

5-10           (c)  A copy of the decedent's donor card or a decedent's

5-11     driver's license or personal identification certificate with an

5-12     affirmative statement of gift issued prior to September 1, 1997,

5-13     [card with a statement of anatomical gift symbolized on it or a

5-14     document executed in accordance with Section 692.003] is conclusive

5-15     evidence of the decedent's status as a donor and serves as consent

5-16     for the organ or tissue removal.

5-17           (d)  If the decedent is not a declared donor, the organ or

5-18     tissue procurement organization or its designee shall inform the

5-19     person of the option to donate the decedent's organs and tissues

5-20     according to the procedures established under this chapter and

5-21     under Subchapter Q, Chapter 521, Transportation Code [Section 11B,

5-22     Chapter 173, Acts of the 47th Legislature, Regular Session, 1941

5-23     (Article 6687b, Vernon's Texas Civil Statutes)].

5-24           SECTION 5.  The Department of Public Safety of the State of

5-25     Texas may continue to use its current supply of driver's licenses

 6-1     and personal identification cards; however, the department shall

 6-2     not place any information on the driver's licenses and personal

 6-3     identification cards pertaining to the person's status as an organ

 6-4     donor after September 1, 1997.

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

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

 6-7     crowded condition of the calendars in both houses create an

 6-8     emergency and an imperative public necessity that the

 6-9     constitutional rule requiring bills to be read on three several

6-10     days in each house be suspended, and this rule is hereby suspended.