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79R9451 MCK-D

By:  Coleman                                                      H.B. No. 2963



A BILL TO BE ENTITLED

AN ACT

relating to removal of corneal tissue from a decedent; providing 
penalties. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 692, Health and Safety Code, is amended 
by adding Sections 692.017 and 692.018 to read as follows:
	Sec. 692.017.  CRIMINAL PENALTY.  (a)  A person commits an 
offense if the person removes corneal tissue from a decedent 
knowing that a gift authorizing the removal has not been made in 
accordance with Section 692.003 or 692.004.
	(b)  A person commits an offense if the person is authorized 
to accept a gift under Section 692.005 or the person is an agent or 
employee of a person authorized to accept a gift under Section 
692.005 and the person accepts corneal tissue removed from a 
decedent knowing that a gift authorizing the removal has not been 
made in accordance with Section 692.003 or 692.004.
	(c)  An offense under this section is a Class A misdemeanor.            
	Sec. 692.018.  CIVIL PENALTY.  (a)  A person who removes 
corneal tissue from a decedent knowing that a gift authorizing the 
removal has not been made in accordance with Section 692.003 or 
692.004 is liable to the state for a civil penalty.
	(b)  A person authorized to accept a gift under Section 
692.005 or the agent or employee of a person authorized to accept a 
gift under Section 692.005 who accepts corneal tissue removed from 
a decedent knowing that a gift authorizing the removal has not been 
made in accordance with Section 692.003 or 692.004 is liable to the 
state for a civil penalty.
	(c)  A civil penalty under this section may not exceed $500 
for each violation.  In assessing a penalty under this section, the 
court shall consider the seriousness of the violation.
	(d)  The attorney general may sue to collect the penalty.               
	SECTION 2.  Subchapter A, Chapter 693, Health and Safety  
Code, is amended by adding Section 693.006 to read as follows:
	Sec. 693.006.  REMOVAL OF CORNEAL TISSUE.  On a request from 
an eye bank, as defined in Section 692.002, the medical examiner, 
justice of the peace, county judge, or physician designated by the 
justice of the peace or county judge may permit the removal of 
corneal tissue subject to the same provisions that apply to removal 
of a visceral organ on the request of an organ procurement 
organization under this subchapter.  The provisions of this 
subchapter relating to immunity and consent apply to the removal of 
the corneal tissue.
	SECTION 3.  Subchapter B, Chapter 693, Health and Safety  
Code, is repealed. 
	SECTION 4.  This Act applies only to removal of corneal 
tissue on or after September 1, 2005.  Removal of corneal tissue 
before September 1, 2005, is governed by the law in effect 
immediately before that date, and that law is continued in effect 
for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.