1-1     By:  Gallegos, et al.                                  S.B. No. 862
 1-2           (In the Senate - Filed March 4, 1999; March 8, 1999, read
 1-3     first time and referred to Committee on Health Services;
 1-4     March 25, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 25, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 862                 By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to donation of organs.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 692.002, Health and Safety Code, is
1-13     amended by amending Subdivision (9) and adding Subdivisions (10)
1-14     and (11) to read as follows:
1-15                 (9)  "Qualified organ or tissue procurement
1-16     organization" means an organization that procures and distributes
1-17     organs or tissues for transplantation, research, or other medical
1-18     purposes and that [is]:
1-19                       (A)  is affiliated with a university or
1-20     hospital[;] or
1-21                       [(B)]  registered to operate as a nonprofit
1-22     organization in this state for the primary purpose of organ or
1-23     tissue procurement; and
1-24                       (B)  if the organization is an organ procurement
1-25     organization, is certified to act as an organ procurement
1-26     organization by the appropriate federal agency.
1-27                 (10)  "Transplant center" means a hospital that:
1-28                       (A)  maintains a waiting list;
1-29                       (B)  receives vascularized organs for the purpose
1-30     of transplantation; and
1-31                       (C)  transplants organs into patients at the
1-32     hospital.
1-33                 (11)  "Waiting list" means a patient waiting list of
1-34     persons who are waiting for a vascular organ transplant.
1-35           SECTION 2.  Section 692.005, Health and Safety Code, is
1-36     amended to read as follows:
1-37           Sec. 692.005.  PERSONS WHO MAY BECOME DONEES.  The following
1-38     persons may be donees of gifts of bodies or parts:
1-39                 (1)  a qualified organ procurement organization, for
1-40     distribution to another person who may be a donee under this
1-41     section, to be used for transplantation;
1-42                 (2)  a hospital or physician, to be used only for
1-43     medical or dental education, research, therapy, transplantation, or
1-44     the advancement of medical or dental science;
1-45                 (3) [(2)]  an accredited medical, chiropractic, or
1-46     dental school, college, or university, to be used only for
1-47     education, research, therapy, or the advancement of medical or
1-48     dental science;
1-49                 (4) [(3)]  a bank or storage facility, to be used only
1-50     for medical or dental education, research, therapy,
1-51     transplantation, or the advancement of medical or dental science;
1-52                 (5) [(4)]  a person specified by a physician, to be
1-53     used only for therapy or transplantation needed by the person;
1-54                 (6) [(5)]  an eye bank the medical activities of which
1-55     are directed by a physician; or
1-56                 (7) [(6)]  the Anatomical Board of the State of Texas.
1-57           SECTION 3.  Subsection (a), Section 692.006, Health and
1-58     Safety Code, is amended to read as follows:
1-59           (a)  A person may make a gift to a specified donee.  If the
1-60     person dies in this state and does not specify the donee and the
1-61     gift is a vascular organ that is suitable for transplantation, a
1-62     qualified organ procurement organization in this state is
1-63     considered the specified donee.  For any other [If the] gift that
1-64     is not made to a specified donee, the attending physician may
 2-1     accept the gift as donee at the time of death or after death.
 2-2           SECTION 4.  Chapter 692, Health and Safety Code, is amended
 2-3     by adding Section 692.0145 to read as follows:
 2-4           Sec. 692.0145.  DISTRIBUTION OF VASCULAR ORGANS FOR
 2-5     TRANSPLANTATION.  (a)  A qualified organ procurement organization
 2-6     that receives the gift of a vascular organ that is suitable for
 2-7     transplantation shall distribute the organ to an individual
 2-8     anywhere in this state, based on a single statewide waiting list
 2-9     for organs.  Statewide organ allocation replaces organ procurement
2-10     organization allocation and waiting lists.
2-11           (b)  The qualified organ procurement organization may
2-12     transfer a vascular organ to an out-of-state organ procurement
2-13     organization or a suitable out-of-state recipient for
2-14     transplantation if:
2-15                 (1)  a suitable recipient in this state cannot be found
2-16     in a reasonable amount of time; or
2-17                 (2)  the transfer is made in accordance with a
2-18     reciprocal agreement with an out-of-state organ procurement
2-19     organization.
2-20           SECTION 5.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended,
2-25     and that this Act take effect and be in force from and after its
2-26     passage, and it is so enacted.
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