S.B. 1225 78(R)    BILL ANALYSIS


S.B. 1225
By: Nelson
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, only the medical examiner is authorized to permit the removal
of a body part or tissue 
from a decedent who died under circumstances requiring an inquest.  S.B.
1225 authorizes a 
justice of the peace, county judge, or physician designated by the justice
of the peace or county 
judge to permit the same action. This bill also requires an explanation in
writing to certain 
persons, for the denial of organs or tissue, as is currently the procedure
for medical examiners. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends Sections 693.002 and 693.005, Health and Safety Code, as
follows: 
 Sec. 693.002. REMOVAL OF BODY PART OR TISSUE FROM DECEDENT WHO
DIED UNDER CIRCUMSTANCES REQUIRING AN INQUEST. (a) Adds the justice of the
peace, county judge, or physician designated by the justice of the peace
or county judge to the list of individuals authorized to permit the
removal of organs from a decedent who died under certain circumstances.
Requires the medical examiner to provide the explanation to any person
listed in Section 693.004 who consented to the removal. Requires certain
individuals be present during the removal of the organs and authorizes
those individuals to request the biopsy or deny the removal of the
anatomical gift, if the autopsy is not being performed by a medical
examiner and one or more organs is authorized to be held. Requires the
payment to be applied to the additional costs incurred 
by the office of certain individuals in performing certain duties.
Requires the health care professional removing organs from certain
decedents to take a certain action at the request of certain individuals.
Makes conforming and nonsubstantive changes.  (b) Requires the medical
examiner, if the medical examiner denies removal of the tissue, to explain
in writing the reasons for the denial. Requires the medical examiner to
provide the explanation to certain persons.  (c) Authorizes certain
individuals to permit the removal of tissue in the same manner as a
medical examiner under Subsection (b), if the autopsy is not being
performed by a medical examiner. Requires certain individuals to provide
the written explanation required by Subsections (b)(1) and (2), if removal
of the anatomical gift is denied.   
 Sec. 693.005. IMMUNITY FROM DAMAGES IN CIVIL ACTION. Makes conforming
changes.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: July 1, 2003, or September 1, 2003.

EFFECTIVE DATE

July 1, 2003, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.