By Janek H.B. No. 2277
76R7515 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to donation of organs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 692.002, Health and Safety Code, is
1-5 amended by adding Subdivisions (10) and (11) to read as follows:
1-6 (10) "Transplant center" means a hospital that:
1-7 (A) maintains a waiting list;
1-8 (B) receives vascularized organs for the purpose
1-9 of transplantation; and
1-10 (C) transplants organs into patients at the
1-11 hospital.
1-12 (11) "Waiting list" means a patient waiting list of
1-13 persons who are waiting for a vascular organ transplant.
1-14 SECTION 2. Section 692.005, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 692.005. PERSONS WHO MAY BECOME DONEES. The following
1-17 persons may be donees of gifts of bodies or parts:
1-18 (1) a qualified organ procurement organization, for
1-19 distribution to another person who may be a donee under this
1-20 section, to be used for transplantation;
1-21 (2) a hospital or physician, to be used only for
1-22 medical or dental education, research, therapy, transplantation, or
1-23 the advancement of medical or dental science;
1-24 (3) [(2)] an accredited medical, chiropractic, or
2-1 dental school, college, or university, to be used only for
2-2 education, research, therapy, or the advancement of medical or
2-3 dental science;
2-4 (4) [(3)] a bank or storage facility, to be used only
2-5 for medical or dental education, research, therapy,
2-6 transplantation, or the advancement of medical or dental science;
2-7 (5) [(4)] a person specified by a physician, to be
2-8 used only for therapy or transplantation needed by the person;
2-9 (6) [(5)] an eye bank the medical activities of which
2-10 are directed by a physician; or
2-11 (7) [(6)] the Anatomical Board of the State of Texas.
2-12 SECTION 3. Section 692.006(a), Health and Safety Code, is
2-13 amended to read as follows:
2-14 (a) A person may make a gift to a specified donee. If the
2-15 person dies in this state and does not specify the donee and the
2-16 gift is a vascular organ that is suitable for transplantation, a
2-17 qualified organ procurement organization in this state is
2-18 considered the specified donee. For any other [If the] gift that
2-19 is not made to a specified donee, the attending physician may
2-20 accept the gift as donee at the time of death or after death.
2-21 SECTION 4. Chapter 692, Health and Safety Code, is amended
2-22 by adding Section 692.0145 to read as follows:
2-23 Sec. 692.0145. DISTRIBUTION OF VASCULAR ORGANS FOR
2-24 TRANSPLANTATION. (a) A qualified organ procurement organization
2-25 that receives the gift of a vascular organ that is suitable for
2-26 transplantation shall distribute the organ for transplantation to
2-27 an individual on a waiting list to be transplanted at a transplant
3-1 center in this state.
3-2 (b) If the organ will not be used for transplantation in
3-3 this state, the qualified organ procurement organization that
3-4 received the organ shall, in accordance with a protocol adopted by
3-5 the organization, offer the organ to another qualified organ
3-6 procurement organization for distribution to an individual on a
3-7 waiting list and to be transplanted at a transplant center in
3-8 another state.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.