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Senate Research Center

S.B. 436

88R495 MCF-D

By: Middleton


Criminal Justice




As Filed






It is estimated that trafficked organs account for up to 10 percent of organ transplants performed around the world. Profits are conservatively estimated to be between $840 million and $1.7 billion annually. This is a highly profitable industry that presents a dangerous incentive to traffickers. Individuals have reported being misled, coerced, or otherwise forced into selling their organs. Strong criminal penalties have shown to effectively deter crime. We have a duty to protect our communities from dangerous human organ traffickers.

Furthermore, Class A misdemeanors are less-destructive crimes in nature. Examples of Class A misdemeanors in Texas include criminal trespass, perjury, online impersonation, and violating a protective order. These crimes pale in comparison to the detrimental impact of human organ trafficking.


S.B. 436 increases the criminal penalty for purchasing or selling human organs from a Class A misdemeanor to a state jail felony.


As proposed, S.B. 436 amends current law relating to the punishment for the offense of purchasing or selling human organs and increases a criminal penalty.




This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.




SECTION 1. Amends Section 48.02(d), Penal Code, as follows:


(d) Provides that an offense under Section 48.02 (Prohibition of the Purchase and Sale of Human Organs) is a state jail felony, rather than providing that a violation of that section is a Class A misdemeanor.


SECTION 2. Makes application of this Act prospective.


SECTION 3. Effective date: September 1, 2023.