BILL ANALYSIS |
C.S.H.B. 1092 |
By: Oliverson |
Public Health |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties have expressed concerns regarding the donation of a decedent's body or organs by a hospital administrator and certain other persons in the absence of directives. C.S.H.B. 1092 seeks to address this concern by removing the authority of a hospital administrator and certain other persons to make such a donation.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1092 amends the Health and Safety Code to remove from the prioritized list of persons authorized to make an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education a hospital administrator and a person not otherwise specified in the prioritized list who has the authority to dispose of a decedent's body. The bill excludes a person associated with the hospital in possession of a decedent's body from the individuals who are authorized to make such an anatomical gift based on the individual's special care and concern for a decedent and prohibits a procurement organization from petitioning a court to become a decedent's guardian or to otherwise be authorized to make an anatomical gift of a decedent's body or part. The bill excludes a procurement organization from the definition of "guardian" for purposes of the Revised Uniform Anatomical Gift Act and provides for the exclusion from that definition of any person associated with the hospital in possession of the decedent's body other than a person described by a certain provision.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1092 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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