78R2437 DLF-D

By:  Coleman                                                      H.B. No. 290



A BILL TO BE ENTITLED

AN ACT

relating to removal of corneal tissue from a decedent.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 693.012 and 693.013, Health and Safety 
Code,  are amended to read as follows:
	Sec. 693.012.  REMOVAL OF CORNEAL TISSUE PERMITTED UNDER 
CERTAIN CIRCUMSTANCES. On a request from an authorized official of 
an eye bank for corneal tissue, a justice of the peace or medical 
examiner may permit the removal of corneal tissue if:
		(1)  the decedent from whom the tissue is to be removed 
died under circumstances requiring an inquest by the justice of the 
peace or medical examiner;
		(2)  the consent of [no objection by] a person listed in 
Section 693.013 is obtained [known by the justice of the peace or 
medical examiner]; and
		(3)  the removal of the corneal tissue will not 
interfere with the subsequent course of an investigation or autopsy 
or alter the decedent's postmortem facial appearance.
	Sec. 693.013.  PERSONS WHO MAY CONSENT [OBJECT] TO REMOVAL.  
The following persons may object or consent to the removal of 
corneal tissue:
		(1)  the decedent's spouse;                                                   
		(2)  the decedent's adult children, if there is no 
spouse;                  
		(3)  the decedent's parents, if there is no spouse or 
adult child; or       
		(4)  the decedent's brothers or sisters, if there is no 
spouse, adult child, or parent.
	SECTION 2.  Section 693.014(a), Health and Safety Code,  is 
amended to read as follows:
	(a)  Except as provided by Section 693.015, in [In] a civil 
action brought by a person listed in Section 693.013 [who did not 
object before the removal of corneal tissue], a medical examiner, 
justice of the peace, or eye bank official is not liable for damages 
on a theory of civil recovery based on a contention that the 
person's consent was required before the corneal tissue could be 
removed.
	SECTION 3.  Subchapter B, Chapter 693, Health and Safety 
Code,  is amended by adding Section 693.015 to read as follows:
	Sec. 693.015.  LEGAL DUTY OF EYE BANK.  Notwithstanding 
Section 693.014 or any other law, an eye bank and an eye bank 
official that accepts corneal tissue removed under this chapter 
knowing that consent was not obtained as required by Section 
693.012 is liable to a person listed by Section 693.013 for damages 
arising from the removal, including damages for mental anguish.
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies only to removal of corneal tissue in accordance with 
Chapter 693, Health and Safety Code,  as amended by this Act, on or 
after that date. Removal of corneal tissue before September 1, 
2003, is governed by the law in effect immediately before that date, 
and that law is continued in effect for this purpose.