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A BILL TO BE ENTITLED
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AN ACT
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relating to the persons authorized to make an anatomical gift. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 692A.002(13), Health and Safety Code, is |
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amended to read as follows: |
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(13) "Guardian" means a person appointed by a court to |
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make decisions regarding the support, care, education, health, or |
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welfare of an individual. The term does not include: |
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(A) a guardian ad litem; |
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(B) a procurement organization; or |
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(C) any person associated with the hospital in |
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possession of the decedent's body other than a person described by |
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Section 692A.009(a)(2), (3), (4), (5), (6), or (7). |
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SECTION 2. Section 692A.009, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (d) and |
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(e) to read as follows: |
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(a) Subject to Subsections (b) and (c) and unless barred by |
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Section 692A.007 or Section 692A.008, an anatomical gift of a |
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decedent's body or part for the purpose of transplantation, |
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therapy, research, or education may be made by any member of the |
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following classes of persons who is reasonably available, in the |
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order of priority listed: |
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(1) an agent of the decedent at the time of death who |
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could have made an anatomical gift under Section 692A.004(2) |
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immediately before the decedent's death; |
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(2) the spouse of the decedent; |
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(3) adult children of the decedent; |
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(4) parents of the decedent; |
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(5) adult siblings of the decedent; |
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(6) adult grandchildren of the decedent; |
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(7) grandparents of the decedent; |
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(8) an adult who exhibited special care and concern |
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for the decedent other than a person associated with the hospital in |
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possession of the decedent's body; and |
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(9) the persons who were acting as the guardians of the |
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person of the decedent at the time of death[;
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[(10) the hospital administrator; and
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[(11)
any other person having the authority to dispose
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of the decedent's body]. |
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(d) A procurement organization may not petition a court to |
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become the decedent's guardian or to otherwise be authorized to |
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make an anatomical gift of the decedent's body or part. |
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(e) Any dispute among the persons described by Subsection |
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(a) concerning an anatomical gift of a decedent's body or part may |
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be resolved by a court of competent jurisdiction. |
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SECTION 3. Sections 692A.002 and 692A.009, Health and |
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Safety Code, as amended by this Act, apply only to an anatomical |
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gift made on or after the effective date of this Act. An anatomical |
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gift made before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |