TX
Texas Senate Bill SB2040

Texas 2023 - 88th Regular

Texas Senate Bill SB2040

Filed
3/9/23  
Out of Senate Committee
4/19/23  
Voted on by Senate
4/24/23  
Out of House Committee
5/12/23  
Voted on by House
5/19/23  
Governor Action
6/18/23  

Caption

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

Impact

The bill's passage will streamline the regulatory framework for body donation in Texas, ensuring that willed body programs operate under a unified regulatory body. This transition is intended to simplify processes while keeping in focus the importance of informed donor consent and ethical practices. Additionally, the new administrative penalties and requirements for registration emphasize accountability among organizations handling body donations.

Summary

Senate Bill 2040 focuses on the regulation and continuation of willed body programs in Texas. It aims to transfer the oversight of these programs from the Anatomical Board of the State of Texas to the Texas Funeral Service Commission. This shift is designed to enhance regulatory requirements and improve transparency in the donation process. The bill establishes the State Anatomical Advisory Committee, which will provide expert advice related to the operations of willed body programs and non-transplant anatomical donation organizations.

Sentiment

The sentiment surrounding SB2040 has been largely positive among proponents, who argue that consolidating oversight will lead to better regulation and safety in the handling of human remains. However, there are concerns among some stakeholders who fear that the transfer of authority may dilute the existing oversight mechanisms that the Anatomical Board provided, potentially leading to lapses in the ethical treatment of donated bodies.

Contention

While the bill primarily enjoys consensus support within legislative circles, opposition stems from concerns regarding the efficacy of the new commission in enforcing donor protections and maintaining high standards. Critics highlight the importance of having specialized oversight that the Anatomical Board offered and worry that the regulations may become less rigorous under a broader commission mandate.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 691. Donation Of Bodies And Anatomical Specimens
    • Section: 001
    • Section: 002
    • Section: New Section
    • Section: 010
    • Section: 011
    • Section: 012
    • Section: 001
    • Section: 002
    • Section: 022
    • Section: 0225
    • Section: 023
    • Section: 024
    • Section: 030
    • Section: New Section
    • Section: New Section
    • Section: 001
    • Section: 002
    • Section: New Section
    • Section: 010
    • Section: New Section
    • Section: 001
    • Section: 002
    • Section: 010
    • Section: 012
    • Section: 022
    • Section: 0225
    • Section: 029
    • Section: 030
    • Section: 032
    • Section: 034
    • Section: 011
  • Chapter 692a. Revised Uniform Anatomical Gift Act
    • Section: 011

Occupations Code

  • Chapter 651. Crematory Services, Funeral Directing, And Embalming
    • Section: 005
    • Section: 005
    • Section: 005
    • Section: 005
    • Section: 005

Code Of Criminal Procedure

  • Chapter 43. Execution Of Judgment
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 404. State Treasury Operations Of Comptroller
    • Section: 093

Latest SB2040 Activity

Companion Bills

TX HB1510

Identical Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

Similar Bills

TX HB1510

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

TX HB1565

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs and non-transplant anatomical donation organizations, and the creation of the State Anatomical Advisory Committee; authorizing a fee.

TX SB2721

Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

TX HB5278

Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

TX SB701

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission and to the creation of the State Anatomical Advisory Committee; authorizing a fee.

TX HB3485

Relating to the use of human remains in the training of search and rescue animals.

TX SB1214

Relating to the use of human remains for forensic science education, including the training of search and rescue animals.

TX SB1011

Relating to the use of human remains in the training of search and rescue animals.