78R6971 JRD-F

By:  Carona                                                       S.B. No. 1135



A BILL TO BE ENTITLED

AN ACT

relating to the allocation of kidneys available for transplant in 
this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  DEFINITIONS.  In this Act:                                         
		(1)  "Department" means the Texas Department of Health.                       
		(2)  "Organ procurement organization" means an 
organization that:           
			(A)  is a qualified organ procurement 
organization under 42 U.S.C. Section 273 that is currently 
certified or recertified in accordance with that federal law; and
			(B)  has a defined service area that includes all 
or part of this state.   
	SECTION 2.  KIDNEY ALLOCATION SYSTEM; WAIVERS AND VARIANCES 
TO ALTER CURRENT SYSTEM.  The department shall offer its services as 
a mediator and facilitator to the organ procurement organizations 
for the purpose of developing the waivers or variances that will, on 
approval by the appropriate authorities, allow the current system 
of allocating kidneys available for transplant in this state to be 
changed as described by this Act.
	SECTION 3.  ORGAN ALLOCATION AREAS.  Under the changed 
allocation system, contiguous organ allocation areas or a suitable 
alternative geographic configuration of areas for kidney 
allocation will be established to address organ availability and to 
equalize waiting times for a transplant.
	SECTION 4.  EXPIRATION.  This Act expires September 1, 2005.                   
	SECTION 5.  EFFECTIVE DATE.  This Act takes effect 
immediately if it receives a vote of two-thirds of all the members 
elected to each house, as provided by Section 39, Article III, Texas 
Constitution.  If this Act does not receive the vote necessary for 
immediate effect, this Act takes effect September 1, 2003.