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78R6973 JRD-F

By:  Nelson                                                       S.B. No. 1226



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.  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.  DEPARTMENT RULES.  To the extent allowed by 
federal law, the department by rule shall require the system for 
allocating kidneys available for transplant in this state to 
conform to the requirements of this subchapter.
	Sec. 161.453.  FORMATION OF PATIENT POOLS AND ORGAN SHARING 
POOL.  (a)  Under the system for allocating kidneys available for 
transplant in this state, two statewide pools of patients who need 
kidney transplants shall be formed. One pool will consist of 
patients in this state with low panel reactive antibodies, and the 
other pool will consist of patients in this state with high panel 
reactive antibodies.
	(b)  Patients in the low panel reactive antibodies pool will 
be eligible to participate in an organ sharing pool that shall be 
created under the allocation system.  The procedures of the organ 
sharing pool must provide that 20 percent of the kidneys available 
for transplant to patients in this state who are served by any one 
of the organ procurement organizations that have a defined service 
area that includes all or part of this state shall also be made 
available to patients in the low panel reactive antibodies pool who 
are served by any of the other organ procurement organizations that 
have a defined service area that includes all or part of this state.
	SECTION 2.  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.