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AN ACT
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relating to the use of human remains for forensic science |
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education, including the training of search and rescue animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 691.022(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board shall distribute bodies and anatomical |
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specimens to institutions and other persons authorized to receive |
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them. |
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SECTION 2. Section 691.0225, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 691.0225. INFORMATIONAL DOCUMENT. The board shall |
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develop a document to inform a person making a gift of a decedent's |
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body or anatomical specimen for purposes of education, including |
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forensic science education, or research of the risks and benefits |
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associated with donation. The board shall make the document |
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available on the board's Internet website. |
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SECTION 3. Section 691.023(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An officer, employee, or representative of the state, of |
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a political subdivision, or of an institution having charge or |
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control of a body not claimed for burial or a body required to be |
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buried at public expense shall: |
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(1) notify the board or the board's representative of |
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the body's existence when the body comes into the person's |
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possession, charge, or control if notified in writing to do so by |
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the board or the board's representative; |
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(2) deliver the body in accordance with the direction |
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of the board; and |
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(3) allow the board, the board's representative, or a |
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physician designated by the board who complies with this chapter to |
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remove the body to be used for the advancement of medical or |
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forensic science. |
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SECTION 4. Section 691.026, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the |
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body of a traveler who died suddenly, the board shall direct the |
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institution or other person receiving the body to retain the body |
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for six months for purposes of identification. |
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SECTION 5. Section 691.028(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An adult living in this state who is of sound mind may |
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donate the adult's [his] body by will or other written instrument to |
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the board, a medical or dental school, or another donee authorized |
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by the board, to be used for the advancement of medical or forensic |
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science. |
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SECTION 6. Section 691.030(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board or the board's representative shall |
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distribute bodies donated to it and may redistribute bodies donated |
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to medical or dental schools or other donees authorized by the board |
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to: |
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(1) schools and colleges of chiropractic, osteopathy, |
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medicine, or dentistry incorporated in this state; |
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(2) forensic science programs; |
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(3) search and rescue organizations or recovery teams |
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that are recognized by the board, are exempt from federal taxation |
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under Section 501(c)(3), Internal Revenue Code of 1986, and use |
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human remains detection canines with the authorization of a local |
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or county law enforcement agency; |
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(4) [, to] physicians;[,] and |
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(5) [to] other persons as provided by this section. |
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SECTION 7. Sections 691.033(a), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) To further medical or forensic science, a school, |
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college, or person designated by the board may use, dissect, |
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operate on, examine, and experiment on a body or anatomical |
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specimen distributed under this chapter. |
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(c) A law relating to the prevention of mutilation of a body |
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does not apply to the use of a body as authorized under this section |
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or a dissection, operation, examination, or experiment performed |
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under this section. |
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(d) To aid prosecutions under Section 42.08, Penal Code, the |
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board shall adopt rules that clearly state the activities that are |
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authorized by the board in relation to the use or dissection of a |
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body. |
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SECTION 8. Sections 691.034(a), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) The board shall inspect and may approve institutions and |
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other persons for the receipt and use of bodies and anatomical |
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specimens under this chapter. |
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(c) The board may suspend or revoke a person's or |
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institution's authorization to receive and use or dissect bodies or |
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anatomical specimens if the board determines that the person or |
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institution has improperly used a body or anatomical specimen. |
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(d) A person or institution is entitled to a hearing before |
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the board or a hearing examiner appointed by the board before the |
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board may revoke the person's or institution's authorization to |
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receive and use or dissect bodies or anatomical specimens. The |
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board shall make all final decisions to suspend or revoke an |
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authorization. |
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SECTION 9. Section 692A.002, Health and Safety Code, is |
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amended by adding Subdivision (11-a) to read as follows: |
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(11-a) "Education" with respect to the purposes |
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authorized by law for making an anatomical gift includes forensic |
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science education and related training. |
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SECTION 10. Sections 692A.011(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) An anatomical gift may be made to the following persons |
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named in the document of gift: |
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(1) an organ procurement organization to be used for |
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transplantation, therapy, research, or education; |
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(2) a hospital to be used for research; |
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(3) subject to Subsection (d), an individual |
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designated by the person making the anatomical gift if the |
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individual is the recipient of the part; |
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(4) an eye bank or tissue bank, except that use of a |
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gift of a whole body must be coordinated through the Anatomical |
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Board of the State of Texas; |
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(5) a forensic science program at: |
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(A) a general academic teaching institution as |
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defined by Section 61.003, Education Code; or |
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(B) a private or independent institution of |
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higher education as defined by Section 61.003, Education Code; [or] |
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(6) a search and rescue organization or recovery team |
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that is recognized by the Anatomical Board of the State of Texas, is |
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exempt from federal taxation under Section 501(c)(3), Internal |
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Revenue Code of 1986, and uses human remains detection canines with |
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the authorization of a local or county law enforcement agency; or |
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(7) the Anatomical Board of the State of Texas. |
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(b) Except for donations described by Subsections (a)(1) |
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through (6) [(5)], the Anatomical Board of the State of Texas shall |
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be the donee of gifts of bodies or parts of bodies made for the |
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purpose of education or research that are subject to distribution |
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by the board under Chapter 691. |
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SECTION 11. As soon as practicable after the effective date |
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of this Act, the Anatomical Board of the State of Texas shall adopt |
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the rules necessary to implement the changes in law made by this Act |
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to Chapter 691, Health and Safety Code, and Section 692A.011, |
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Health and Safety Code. |
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SECTION 12. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1214 passed the Senate on |
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April 13, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1214 passed the House on |
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May 22, 2015, by the following vote: Yeas 140, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |