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.
2-27 * * * * *