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78R7273 YDB-D

By:  Homer                                                        H.B. No. 2111



A BILL TO BE ENTITLED

AN ACT

relating to presumed consent to human organ donation.                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 692, Health and Safety Code, is amended 
by adding Sections 692.0035 and 692.0045 to read as follows:
	Sec. 692.0035.  PRESUMED GIFT OF OWN BODY. (a)  A decedent 
who is 18 years of age or older and dies in this state is presumed to 
give all or part of the decedent's body to an organization 
identified in Section 692.005(1).
	(b)  Notwithstanding any other provision of this chapter, a 
gift to a person under Sections 692.005(2)-(7) does not take effect 
unless:
		(1)  the gift is consistent with the presumed gift 
under Subsection (a); or
		(2)  an election to make a gift, other than the presumed 
gift under Subsection (a), has been recorded in the registry 
established under Section 692.0045.
	Sec. 692.0045.  ELECTION TO MAKE OTHER GIFT OR NOT TO MAKE 
GIFT; REGISTRY. (a)  By filing a form with the Texas Department of 
Health, a person who does not wish to give all or part of the 
person's body for organ donation in accordance with Section 
692.0035 may elect:
		(1)  to make a gift other than the presumed gift; or                   
		(2)  not to make the gift.                                             
	(b)  The Texas Department of Health shall maintain a registry 
of persons who make an election under this section.
	(c)  The Texas Board of Health shall adopt rules and develop 
the form necessary to implement this section.  The board may develop 
a registration card to issue to a person who makes an election under 
this section and is listed with the registry.
	SECTION 2.  Sections 692.014(a) and (b), Health and Safety 
Code, are amended to read as follows:
	(a)  At or near the time of notification of death, if it is 
unclear whether the decedent is or is not a donor and the decedent 
is 18 years of age or older, the organ or tissue procurement 
organization or its designee shall determine if the decedent is 
listed with the registry under Section 692.0045.  If the decedent is 
younger than 18 years of age, the organ or tissue procurement 
organization or its designee shall ask the person authorized to 
make an anatomical gift on behalf of the decedent under Section 
692.004, according to the priority established by that section, 
whether the decedent is or is not a donor.  The inquiry shall be made 
in accordance with the protocol established under Section 692.013 
and with the procedures established under Subchapter Q, Chapter 
521, Transportation Code.
	(b)  If the decedent is a donor 18 years of age or older and 
the decedent is not listed in the registry under Section 692.0045, 
the decedent's anatomical gift made under Section 692.003 or 
692.0035, including a gift made under Section 521.401, 
Transportation Code, shall be honored without obtaining the 
approval or consent of any other person.
	SECTION 3.  Section 692.014(d), Health and Safety Code, is 
repealed.         
	SECTION 4.  (a)  Sections 692.0035 and 692.0045, Health and 
Safety Code, as added by this Act, and Section 692.014, Health and 
Safety Code, as amended by this Act, apply only to the donation of a 
body part of a person who dies on or after January 1, 2005.
	(b)  The donation of a body part of a person who dies before 
January 1, 2005, is governed by the law in effect immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.