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                                                                  S.B. No. 1226




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.  Chapter 161, Health and Safety Code, is amended 
by adding Subchapter R to read as follows:

SUBCHAPTER R.  ALLOCATION OF KIDNEYS AVAILABLE FOR TRANSPLANT
	Sec. 161.451.  DEFINITION.  In this subchapter, "organ 
procurement organization" means an organization that 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.
	Sec. 161.452.  FORMATION OF KIDNEY SHARING POOL AND 
DISTRIBUTION TO LONGEST WAITING PATIENTS.  (a)  Under the system 
for allocating kidneys available for transplant in this state, to 
the extent allowed by federal law, a statewide pool of 20 percent of 
the kidneys from deceased donors of each blood type recovered by 
each organ procurement organization that has a defined service area 
that includes all or part of this state is provided to a special 
pool for redistribution to patients who have been waiting the 
longest for transplantation in this state.
	(b)  Medically eligible patients with low panel reactive 
antibodies of less than 10 percent who, in terms of accumulated 
waiting time, comprise the top 20 percent of all patients waiting 
will be put in a pool.  As one of those patients receives a 
transplant, the patient will be replaced in the pool, in turn, by 
the next longest waiting patient.  Only accumulated waiting time 
will be used to establish priority access to the pool.
	(c)  With the exception of assigning points for a six antigen 
match with zero antigen mismatch, assigning points for human 
leukocyte antigen (HLA) match will be eliminated by organ 
procurement organizations that are participating in the pool 
established under Subsection (a).
	(d)  After a patient has qualified for entry into the pool 
established under Subsection (b), the order of distribution is 
based solely on the length of time each patient has waited.
	(e)  Use of the pools will be managed by the federal Organ 
Procurement and Transplantation Network.
	(f)  A panel of appropriate physician specialists of Texas' 
Organ Procurement and Transplantation Network members will monitor 
the listing of patients and the appropriate use of the pools.
	SECTION 2.  Organ procurement organizations that have a 
defined service area that includes all or part of this state and 
that are members of the Organ Procurement and Transplantation 
Network, and transplant centers in this state that are members of 
the Organ Procurement and Transplantation Network, shall submit to 
the Organ Procurement and Transplantation Network a kidney sharing 
agreement not later than the 180th day after the effective date of 
this Act.
	SECTION 3.  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.





______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1226 passed the Senate on 
May 6, 2003, by the following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1226 passed the House on 
May 25, 2003, by the following vote:  Yeas 117, Nays 0, two 
present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor