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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibition of sale or exchange of consideration for |
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human organs and tissues. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 693, Health and Safety Code is amended by |
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adding Section 693.007 to read as follows: |
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CHAPTER 693. REMOVAL OF BODY PARTS, BODY TISSUE, AND CORNEAL TISSUE |
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SUBCHAPTER A. REMOVAL OF BODY PARTS OR TISSUE |
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Sec. 693.007. SALE OR PURCHASE OF DEATH NOTIFICATIONS OR |
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REFERRALS AND SURGICAL REMOVAL OF ORGANS AND TISSUES PROHIBITED. |
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(a) Any oral or written agreement made between procurement |
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organizations and county governments or agents of county government |
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are subject to 42 U.S.C. Section 274e, Texas Penal Code Section |
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48.0242, U.S.C. Section 1320a-7b and to Texas Health and Safety |
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Code Section 693.002(c). |
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(b) No entity or individual, unit of local government or |
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agent thereof, shall buy or sell organs and tissues; |
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(c) No entity or individual, unit of local government or |
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agent thereof, shall sell access to the right to procure organs and |
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tissues; |
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(d) No entity or individual, unit of local government or |
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agent thereof, shall receive any type of consideration in exchange |
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for the procurement organization's recovery of tissues, which shall |
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include a prohibition in receiving consideration in exchange for |
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making referrals of potential organ and tissue donors to the |
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procurement organization. |
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(e) A medical examiner, justice of the peace, or his or her |
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designee, shall not receive consideration for release of potential |
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organ or tissue donors for recovery purposes. |
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(f) A medical examiner, justice of the peace, pathologist or |
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any agent contracted by a county to provide autopsy services may not |
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remove tissue for the purposes of transplantation for a procurement |
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agency in exchange for consideration. |
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(g) Any agreement or contract between a county or agent of |
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the county and a procurement organization shall be available for |
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public inspection. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |