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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of embryonic and fetal tissue remains; |
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imposing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 8, Health and Safety Code, is |
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amended by adding Chapter 697 to read as follows: |
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CHAPTER 697. DISPOSITION OF EMBRYONIC AND FETAL TISSUE REMAINS |
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Sec. 697.001. PURPOSE. The purpose of this chapter is to |
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express the state's profound respect for the life of the unborn by |
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providing for a dignified final disposition of embryonic and fetal |
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tissue remains. |
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Sec. 697.002. DEFINITIONS. In this chapter: |
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(1) "Cremation" means the irreversible process of |
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reducing remains to ashes or bone fragments through extreme heat |
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and evaporation. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Embryonic and fetal tissue remains" means an |
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embryo, a fetus, body parts, or organs from a pregnancy for which |
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the issuance of a fetal death certificate is not required by law. |
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The term does not include the umbilical cord, placenta, gestational |
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sac, blood, or body fluids. |
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(4) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) "Incineration" means the process of burning |
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remains in an incinerator. |
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(6) "Interment" means the disposition of remains by |
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entombment, burial, or placement in a niche. |
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(7) "Steam disinfection" means the act of subjecting |
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remains to steam under pressure to disinfect the remains. |
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Sec. 697.003. APPLICABILITY OF OTHER LAW. Embryonic and |
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fetal tissue remains are not pathological waste. Unless otherwise |
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provided by this chapter, Chapters 711 and 716 of this code and |
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Chapter 651, Occupations Code, do not apply to the disposition of |
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embryonic and fetal tissue remains. |
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Sec. 697.004. DISPOSITION OF EMBRYONIC AND FETAL TISSUE |
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REMAINS. (a) A health care facility in this state that provides |
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health or medical care to a pregnant woman shall dispose of |
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embryonic and fetal tissue remains related to that care, regardless |
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of the period of gestation or weight of the fetus by: |
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(1) interment; |
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(2) cremation; |
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(3) incineration followed by interment; or |
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(4) steam disinfection followed by interment. |
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(b) The ashes resulting from the cremation or incineration |
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of embryonic and fetal tissue remains: |
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(1) may be interred or scattered in any manner as |
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authorized by law for human remains; and |
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(2) may not be placed in a landfill. |
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(c) A health care facility responsible for disposing of |
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embryonic and fetal tissue remains may coordinate with an entity in |
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the registry established under Section 697.005 in an effort to |
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offset the cost associated with burial or cremation of the |
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embryonic and fetal tissue remains of an unborn child. |
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Sec. 697.005. BURIAL OR CREMATION ASSISTANCE REGISTRY. The |
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department shall: |
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(1) establish and maintain a registry of: |
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(A) participating funeral homes and cemeteries |
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willing to provide free common burial or low-cost private burial; |
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and |
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(B) private nonprofit organizations that |
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register with the department to provide financial assistance for |
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the costs associated with burial or cremation of the embryonic and |
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fetal tissue remains of an unborn child; and |
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(2) make the registry information available on request |
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to a physician, health care facility, or agent of a physician or |
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health care facility. |
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Sec. 697.006. SUSPENSION OR REVOCATION OF LICENSE. The |
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department may suspend or revoke the license of a health care |
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facility that violates Section 697.004 or a rule adopted under this |
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chapter. |
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Sec. 697.007. CIVIL PENALTY. (a) A health care facility |
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that violates Section 697.004 or a rule adopted under this chapter |
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is liable for a civil penalty in an amount of $1,000 for each |
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violation. |
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(b) The attorney general may sue to collect the civil |
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penalty. The attorney general may recover reasonable expenses |
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incurred in collecting the civil penalty, including court costs, |
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reasonable attorney's fees, investigation costs, witness fees, and |
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disposition expenses. |
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Sec. 697.008. RULES. The executive commissioner shall |
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adopt rules to implement this chapter. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules to implement Chapter |
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697, Health and Safety Code, as added by this Act, not later than |
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January 1, 2018. |
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SECTION 3. Chapter 697, Health and Safety Code, as added by |
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this Act, applies only to the disposition of embryonic and fetal |
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tissue remains that occurs on or after February 1, 2018. The |
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disposition of embryonic and fetal tissue remains that occurs |
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before February 1, 2018, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |