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78R2517 DLF-D
By: Coleman H.B. No. 987
A BILL TO BE ENTITLED
AN ACT
relating to removal of human body parts after death; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 693.002, Health and Safety Code, is
transferred to Chapter 692, Health and Safety Code, renumbered as
Section 692.0155, and amended to read as follows:
Sec. 692.0155 [693.002]. REMOVAL OF BODY PART OR TISSUE
FROM DECEDENT WHO DIED UNDER CIRCUMSTANCES REQUIRING AN
INQUEST. (a)[(1)] On a request from a qualified organ
procurement organization[, as defined in Section 692.002], the
medical examiner may permit the removal of organs from a decedent
who died under circumstances requiring an inquest by the medical
examiner if an applicable gift of the decedent's body is made in
accordance with Section 692.003 or 692.004 [consent is obtained
pursuant to Section 693.003].
(b) [(2)] If no autopsy is required, the organs to be
transplanted shall be released in a timely manner to the qualified
organ procurement organization [, as defined in Section 692.002,]
for removal and transplantation.
(c) [(3)] If an autopsy is required and the medical examiner
determines that the removal of the organs will not interfere with
the subsequent course of an investigation or autopsy, the organs
shall be released in a timely manner for removal and
transplantation. The autopsy will be performed in a timely manner
following the removal of the organs.
(d) [(4)] If the medical examiner is considering
withholding one or more organs of a potential donor for any reason,
the medical examiner shall be present during the removal of the
organs. In such case, the medical examiner may request a biopsy of
those organs or deny removal of the anatomical gift. If the medical
examiner denies removal of the anatomical gift, the medical
examiner shall explain in writing the reasons for the denial and
shall provide the explanation to the qualified organ procurement
organization.
(e) [(5)] If, in performing the duties required by this
subsection, the medical examiner is required to be present at the
hospital to examine the decedent prior to removal of the organs or
during the procedure to remove the organs, the qualified organ
procurement organization shall on request reimburse the county or
the entity designated by the county for the actual costs incurred in
performing such duties, not to exceed $1,000. Such reimbursements
shall be deposited in the general fund of the county. The payment
shall be applied to the additional costs incurred by the medical
examiner's office in performing such duties, including the cost of
providing coverage beyond the regular business hours of the medical
examiner's office. The payment shall be used to facilitate the
timely procurement of organs in a manner consistent with the
preservation of the organs for the purposes of transplantation.
(f) [(6)] At the medical examiner's request, the health care
professional removing organs from a decedent who died under
circumstances requiring an inquest shall file with the medical
examiner a report detailing the condition of the organs removed and
their relationship, if any, to the cause of death.
(g) [(b)] On a request from a qualified tissue procurement
organization, [as defined in Section 692.002,] the medical examiner
may permit the removal of tissue believed to be clinically usable
for transplants or other therapy or treatment from a decedent who
died under circumstances requiring an inquest by the medical
examiner if an applicable gift of the decedent's body is made in
accordance with Section 692.003 or 692.004 [consent is obtained
pursuant to Section 693.003 or, if consent is not required by that
section, no objection by a person listed in Section 693.004 is known
by the medical examiner].
SECTION 2. Chapter 692, Health and Safety Code, is amended
by adding Section 692.017 to read as follows:
Sec. 692.017. CRIMINAL PENALTY. (a) A person commits an
offense if the person removes a body part from a decedent knowing
that a gift authorizing the removal has not been made in accordance
with Section 692.003 or 692.004.
(b) A person commits an offense if the person is authorized
to accept a gift under Section 692.005 or the person is an agent or
employee of a person authorized to accept a gift under Section
692.005 and the person accepts a body part removed from a decedent
knowing that a gift authorizing the removal has not been made in
accordance with Section 692.003 or 692.004.
(c) An offense under this section is a state jail felony.
SECTION 3. Section 48.02(d), Penal Code, is amended to read
as follows:
(d) A violation of this section is a state jail felony
[Class A misdemeanor].
SECTION 4. The chapter heading for Chapter 693, Health and
Safety Code, is amended to read as follows:
CHAPTER 693. PROCEDURES FOR EYE ENUCLEATION FOR ANATOMICAL
GIFT [REMOVAL OF BODY PARTS, BODY TISSUE, AND CORNEAL TISSUE]
SECTION 5. The following laws are repealed:
(1) Sections 693.001, 693.003, 693.004, and 693.005,
Health and Safety Code; and
(2) Subchapter B, Chapter 693, Health and Safety Code.
SECTION 6. This Act applies only to a body part removed from
a decedent on or after the effective date of this Act. A body part
removed from a decedent before the effective date of this Act is
governed by the law as it existed immediately before that date, and
that law is continued in effect for this purpose.
SECTION 7. (a) The change in law made by this Act to
Section 48.02, Penal Code, applies only to an offense committed on
or after the effective date of this Act. For purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2003.