83R225 YDB-D

By: Taylor S.B. No. 1011

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.