78R762 YDB-D

By:  Ellis                                                        S.B. No. 205



A BILL TO BE ENTITLED

AN ACT

relating to information provided before corneal tissue removal.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 693.012, Health and Safety Code, is 
amended to read as follows:
	Sec. 693.012.  REMOVAL OF CORNEAL TISSUE PERMITTED UNDER 
CERTAIN CIRCUMSTANCES.  (a) 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 justice of the peace or medical examiner makes 
a reasonable attempt to identify and contact at least one [no 
objection by a] person entitled to object to the removal of corneal 
tissue under [listed in] Section 693.013 to provide the person an 
opportunity to object before the corneal tissue is removed [is 
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.
	(b)  If the justice of the peace or medical examiner is not 
able to contact  a person as required by Subsection (a)(2) before 
the corneal tissue is removed, the justice of the peace or medical 
examiner shall notify as soon as practicable each person who is 
entitled to object under Section 693.013 that corneal tissue has 
been removed from the decedent in accordance with this section.
	SECTION 2.  Subchapter B, Chapter 693, Health and Safety 
Code, is amended by adding Section 693.015 to read as follows:
	Sec. 693.015.  INFORMATION FOR PERSON WHO MAY OBJECT TO 
REMOVAL.  Within 12 hours of a decedent's death at a hospital under 
circumstances requiring an inquest, the hospital shall provide a 
written copy of this subchapter to each person known by the persons 
at the hospital responsible for the decendent's care to be entitled 
to object under Section 693.013.
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to the removal of corneal tissue on or after that date. 
The removal of corneal tissue before September 1, 2003, is governed 
by the law as it existed immediately before that date, and that law 
is continued in effect for this purpose.