SRC-JXG S.B. 862 76(R)BILL ANALYSIS


Senate Research CenterS.B. 862
By: Gallegos
Health Services
7/6/1999
Enrolled


DIGEST 

Currently, organ allocation stems from the 1984 federal law, the Organ
Procurement and Transplantation Act (PL 98-507), which gives the U.S.
Department of Health and Human Services jurisdiction over the national
organ allocation program. The United  Network for Organ Sharing (UNOS) is a
private organization contracted to administer the national Organ
Procurement Transplant Network, which directs organ allocation. Under this
system, organs are offered first to local patients waiting at transplant
centers served by one of the three organ procurement organizations in
Texas. Organ allocation consists of combined patient waiting lists in
either a UNOS region or to all transplant centers within a 500-mile radius
of the donor hospital, if the organ cannot be transplanted in the area
where it was recovered. S.B. 862 will require organs recovered in Texas to
stay in Texas, if there is a patient waiting in the state and the organ is
deemed suitable.  

PURPOSE

As enrolled, S.B. 862 sets forth provisions regarding the donation of
organs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 692.002, Health and Safety Code, by amending
Subdivision (9) and adding Subdivisions (10) and (11), to redefine
"qualified organ or tissue procurement organization," and to define
"transplant center" and "waiting list." 

SECTION 2. Amends Section 692.005, Health and Safety Code, to authorize
certain persons to be donees of gifts of bodies or parts, including a
qualified organ procurement organization, for distribution to another
person who may be a donee under this section, to be used for
transplantation. Makes conforming changes. 

SECTION 3. Amends Section 692.006(a), Health and Safety Code, to provide
that a qualified organ procurement organization in this state is considered
the specified donee, if the person dies in this state and does not specify
the donee and the gift is a vascular organ that is suitable for
transplantation. Authorizes the attending physician to accept the gift as
donee at the time of death or after death for any other gift that is not
made to a specified donee. Makes conforming changes. 

SECTION 4. Amends Chapter 692, Health and Safety Code, by adding Section
692.0145, as follows: 

Sec. 692.0145. DISTRIBUTION OF VASCULAR ORGANS FOR TRANSPLANTATION.
Requires a qualified organ procurement organization that receives the gift
of a vascular organ that is suitable for transplantation to distribute the
organ to an individual anywhere in the State of Texas, based on a single
statewide waiting list for organs. Provides that statewide organ allocation
replaces organ procurement organization allocation and waiting lists.
Authorizes the qualified organ procurement organization to transfer a
vascular organ to an out-of-state organ procurement organization or a
suitable out-of-state recipient for transplantation if certain conditions
exist. 
 
SECTION 5. Amends Chapter 692, Health and Safety Code, by adding Section
692.0147, as follows: 

Sec. 692.0147.  OPTIMUM ORGAN ALLOCATION POLICY.  (a) Defines "department"
and "task force." 

(b) Requires the Texas Department of Health (TDH) to establish a 13-member
public task force on organ allocation in this state.  Sets forth the
composition of the task force. 

(c) Requires the task force to examine the technical and policy issues
surrounding the current organ allocation policy in this state and develop
and implement an optimum organ allocation policy for Texas.  Sets forth the
policy criteria. 
 
(d) Requires the task force to submit a detailed, written report to the
governor and the legislature, no later than December 1, 2000.  Sets forth
the components of the report. 

 (e) Requires TDH to provide administrative support and services to the
task force. 

 (f) Provides that task force members receive no compensation for their
service. 

(g) Authorizes TDH to receive and accept gifts, grants, donations, and any
other type of funds or things of value from any source to carry out the
duties and responsibilities of the task force. 

 (h) Provides that this section expires and the task force is abolished
December 31, 2000. 

SECTION 6. Emergency clause.
           Effective date: upon passage.