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Amend HB 2027 (House Committee Printing) as follows:
(1) Strike page 13, line 26, through page 16, line 21, and substitute the following:
Sec. 692A.011. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT;
PURPOSE OF ANATOMICAL GIFT. (a) An anatomical gift may be made to
the following persons named in the document of gift:
(1) an organ procurement organization to be used for
transplantation, therapy, research, or education;
(2) a hospital to be used for research;
(3) subject to Subsection (d), an individual
designated by the person making the anatomical gift if the
individual is the recipient of the part;
(4) an eye bank or tissue bank, except that use of a
gift of a whole body must be coordinated through the Anatomical
Board of the State of Texas;
(5) a forensic science program at:
(A) a general academic teaching institution as
defined by Section 61.003, Education Code; or
(B) a private or independent institution of
higher education as defined by Section 61.003, Education Code; or
(6) the Anatomical Board of the State of Texas.
(b) Except for donations described by Subsections (a)(1)
through (5), the Anatomical Board of the State of Texas shall be the
donee of gifts of bodies or parts of bodies made for the purpose of
education or research that are subject to distribution by the board
under Chapter 691.
(c) A forensic science program that receives a donation
under Subsection (a)(5) must submit a report to the Anatomical
Board of the State of Texas on a quarterly basis that lists:
(1) the number of bodies or parts of bodies that the
program received; and
(2) the method in which the program used the bodies or
parts of bodies for education or research.
(d) If an anatomical gift to an individual under Subsection
(a)(3) cannot be transplanted into the individual, the part passes
in accordance with Subsection (i) in the absence of an express,
contrary indication by the person making the anatomical gift.
(e) If an anatomical gift of one or more specific parts or of
all parts is made in a document of gift that does not name a person
described in Subsection (a) but identifies the purpose for which an
anatomical gift may be used, the following rules apply:
(1) if the part is an eye and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate eye bank;
(2) if the part is tissue and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate tissue bank;
(3) if the part is an organ and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate organ procurement organization as custodian of the
organ; and
(4) if the part is an organ, an eye, or tissue and the
gift is for the purpose of research or education, the gift passes to
the appropriate procurement organization.
(f) For the purpose of Subsection (e), if there is more than
one purpose of an anatomical gift set forth in the document of gift
but the purposes are not set forth in any priority, the gift must be
used for transplantation or therapy, if suitable. If the gift
cannot be used for transplantation or therapy, the gift may be used
for research or education.
(g) If an anatomical gift of one or more specific parts is
made in a document of gift that does not name a person described in
Subsection (a) and does not identify the purpose of the gift, the
gift may be used only for transplantation or therapy, and the gift
passes in accordance with Subsection (i).
(h) If a document of gift specifies only a general intent to
make an anatomical gift by words such as "donor," "organ donor," or
"body donor," or by a symbol or statement of similar import, the
gift may be used only for transplantation or therapy, and the gift
passes in accordance with Subsection (i).
(i) For purposes of Subsections (d), (g), and (h), the
following rules apply:
(1) if the part is an eye, the gift passes to the
appropriate eye bank;
(2) if the part is tissue, the gift passes to the
appropriate tissue bank; and
(3) if the part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of the
organ.
(j) An anatomical gift of an organ for transplantation or
therapy, other than an anatomical gift under Subsection (a)(3),
passes to the organ procurement organization as custodian of the
organ.
(k) If an anatomical gift does not pass pursuant to
Subsections (a) through (j) or the decedent's body or part is not
used for transplantation, therapy, research, or education, custody
of the body or part passes to the person under obligation to dispose
of the body or part.
(l) A person may not accept an anatomical gift if the person
knows that the gift was not effectively made under Section 692A.005
or Section 692A.010 or if the person knows that the decedent made a
refusal under Section 692A.007 that was not revoked. For purposes
of this subsection, if a person knows that an anatomical gift was
made on a document of gift, the person is deemed to know of any
amendment or revocation of the gift or any refusal to make an
anatomical gift on the same document of gift.
(m) Except as otherwise provided in Subsection (a)(3),
nothing in this chapter affects the allocation of organs for
transplantation or therapy.
(n) A donee may accept or reject a gift.
(2) On page 18, line 27, strike "Sections 692A.011(i) and
693.002" and substitute "Sections 692A.011(k) and 693.002".