| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of human remains in the training of search and |
|
|
rescue animals. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 691.022(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The board shall distribute bodies and anatomical |
|
|
specimens to persons and institutions authorized to receive them. |
|
|
SECTION 2. Section 691.0225, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 691.0225. INFORMATIONAL DOCUMENT. The board shall |
|
|
develop a document to inform a person making a gift of a decedent's |
|
|
body or anatomical specimen for purposes of education, including |
|
|
training of search and rescue animals, or research of the risks and |
|
|
benefits associated with donation. The board shall make the |
|
|
document available on the board's Internet website. |
|
|
SECTION 3. Section 691.023(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) An officer, employee, or representative of the state, of |
|
|
a political subdivision, or of an institution having charge or |
|
|
control of a body not claimed for burial or a body required to be |
|
|
buried at public expense shall: |
|
|
(1) notify the board or the board's representative of |
|
|
the body's existence when the body comes into the person's |
|
|
possession, charge, or control if notified in writing to do so by |
|
|
the board or the board's representative; |
|
|
(2) deliver the body in accordance with the direction |
|
|
of the board; and |
|
|
(3) allow the board, the board's representative, or a |
|
|
physician designated by the board who complies with this chapter to |
|
|
remove the body to be used for the advancement of medical science or |
|
|
for the training of search and rescue animals. |
|
|
SECTION 4. Section 691.025(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) A relative of the deceased may claim the body within 60 |
|
|
days after the body has been delivered to an institution or other |
|
|
person or entity authorized to receive the body. The body shall be |
|
|
released without charge. |
|
|
SECTION 5. Section 691.026, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the |
|
|
body of a traveler who died suddenly, the board shall direct the |
|
|
person or institution receiving the body to retain the body for six |
|
|
months for purposes of identification. |
|
|
SECTION 6. Section 691.028(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) An adult living in this state who is of sound mind may |
|
|
donate the adult's [his] body by will or other written instrument to |
|
|
the board, a medical or dental school, or another donee authorized |
|
|
by the board, to be used for the advancement of medical science or |
|
|
for the training of search and rescue animals. |
|
|
SECTION 7. Section 691.030, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) The board or the board's representative shall |
|
|
distribute bodies donated to it and may redistribute bodies donated |
|
|
to medical or dental schools or other donees authorized by the board |
|
|
to schools and colleges of chiropractic, osteopathy, medicine, or |
|
|
dentistry incorporated in this state, to physicians, to persons who |
|
|
train animals to assist in search and rescue activities conducted |
|
|
by a law enforcement agency, and to other persons as provided by |
|
|
this section. |
|
|
(a-1) In making a distribution or redistribution to a person |
|
|
who trains search and rescue animals, the board or the board's |
|
|
representative must ensure that the person will use the body only to |
|
|
assist a law enforcement agency in the conduct of search and rescue |
|
|
activities. |
|
|
SECTION 8. Sections 691.033(a), (c), and (d), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(a) To further medical science or provide specific |
|
|
training, a school, college, or person designated by the board may |
|
|
use, dissect, operate on, examine, and experiment on a body or |
|
|
anatomical specimen distributed under this chapter. |
|
|
(c) A law relating to the prevention of mutilation of a body |
|
|
does not apply to the use of a body as authorized under this section |
|
|
or a dissection, operation, examination, or experiment performed |
|
|
under this section. |
|
|
(d) To aid prosecutions under Section 42.08, Penal Code, the |
|
|
board shall adopt rules that clearly state the activities that are |
|
|
authorized by the board in relation to the use or dissection of a |
|
|
body. |
|
|
SECTION 9. Sections 691.034(a), (c), and (d), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(a) The board shall inspect and may approve institutions and |
|
|
persons for the receipt and use of bodies and anatomical specimens |
|
|
under this chapter. |
|
|
(c) The board may suspend or revoke a person's or |
|
|
institution's authorization to receive and use or dissect bodies or |
|
|
anatomical specimens if the board determines that the person or |
|
|
institution has improperly used a body or anatomical specimen. |
|
|
(d) A person or institution is entitled to a hearing before |
|
|
the board or a hearing examiner appointed by the board before the |
|
|
board may revoke the person's or institution's authorization to |
|
|
receive and use or dissect bodies or anatomical specimens. The |
|
|
board shall make all final decisions to suspend or revoke an |
|
|
authorization. |
|
|
SECTION 10. Section 692A.002, Health and Safety Code, is |
|
|
amended by adding Subdivision (11-a) to read as follows: |
|
|
(11-a) "Education" with respect to the purposes |
|
|
authorized by law for making an anatomical gift includes training |
|
|
of search and rescue animals. |
|
|
SECTION 11. Sections 692A.011(a) and (b), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(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) a person who trains animals to assist in search and |
|
|
rescue activities conducted by a law enforcement agency; or |
|
|
(7) the Anatomical Board of the State of Texas. |
|
|
(b) Except for donations described by Subsections (a)(1) |
|
|
through (6) [(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. |
|
|
SECTION 12. This Act takes effect September 1, 2013. |