Texas 2009 - 81st Regular

Texas House Bill HB2027 Compare Versions

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1	1	H.B. No. 2027
2	2
3	3
4	4	AN ACT
5	5	relating to adoption of the Revised Uniform Anatomical Gift Act;
6	6	providing criminal penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 8, Health and Safety Code, is
9	9	amended by adding Chapter 692A to read as follows:
10	10	CHAPTER 692A. REVISED UNIFORM ANATOMICAL GIFT ACT
11	11	Sec. 692A.001. SHORT TITLE. This chapter may be cited as
12	12	the Revised Uniform Anatomical Gift Act.
13	13	Sec. 692A.002. DEFINITIONS. In this chapter:
14	14	(1) "Adult" means an individual who is at least 18
15	15	years of age.
16	16	(2) "Agent" means an individual:
17	17	(A) authorized to make health care decisions on
18	18	the principal's behalf by a medical power of attorney; or
19	19	(B) expressly authorized to make an anatomical
20	20	gift on the principal's behalf by any other record signed by the
21	21	principal.
22	22	(3) "Anatomical gift" means a donation of all or part
23	23	of a human body to take effect after the donor's death for the
24	24	purpose of transplantation, therapy, research, or education.
25	25	(4) "Commissioner" means the commissioner of state
26	26	health services.
27	27	(5) "Decedent" means a deceased individual whose body
28	28	or part is or may be the source of an anatomical gift. The term
29	29	includes a stillborn infant and, subject to restrictions imposed by
30	30	law other than this chapter, a fetus.
31	31	(6) "Department" means the Department of State Health
32	32	Services.
33	33	(7) "Disinterested witness" means a witness other than
34	34	the spouse, child, parent, sibling, grandchild, grandparent, or
35	35	guardian of the individual who makes, amends, revokes, or refuses
36	36	to make an anatomical gift, or another adult who exhibited special
37	37	care and concern for the individual. The term does not include a
38	38	person to which an anatomical gift could pass under Section
39	39	692A.011.
40	40	(8) "Document of gift" means a donor card or other
41	41	record used to make an anatomical gift. The term includes a
42	42	statement or symbol on a driver's license, identification card, or
43	43	donor registry.
44	44	(9) "Donor" means an individual whose body or part is
45	45	the subject of an anatomical gift.
46	46	(10) "Donor registry" means a database that contains
47	47	records of anatomical gifts and amendments to or revocations of
48	48	anatomical gifts.
49	49	(11) "Driver's license" means a license or permit
50	50	issued by the Department of Public Safety to operate a vehicle,
51	51	whether or not conditions are attached to the license or permit.
52	52	(12) "Eye bank" means a person that is licensed,
53	53	accredited, or regulated under federal or state law to engage in the
54	54	recovery, screening, testing, processing, storage, or distribution
55	55	of human eyes or portions of human eyes.
56	56	(13) "Guardian" means a person appointed by a court to
57	57	make decisions regarding the support, care, education, health, or
58	58	welfare of an individual. The term does not include a guardian ad
59	59	litem.
60	60	(14) "Hospital" means a facility licensed as a
61	61	hospital under the law of any state or a facility operated as a
62	62	hospital by the United States, a state, or a subdivision of a state.
63	63	(15) "Identification card" means an identification
64	64	card issued by the Department of Public Safety.
65	65	(16) "Imminent death" means a patient who requires
66	66	mechanical ventilation, has a severe neurologic injury, and meets
67	67	certain clinical criteria indicating that neurologic death is near
68	68	or a patient for whom withdrawal of ventilatory support is being
69	69	considered.
70	70	(17) "Know" means to have actual knowledge.
71	71	(18) "Minor" means an individual who is under 18 years
72	72	of age.
73	73	(19) "Organ procurement organization" means a person
74	74	designated by the secretary of the United States Department of
75	75	Health and Human Services as an organ procurement organization.
76	76	(20) "Parent" means a parent whose parental rights
77	77	have not been terminated.
78	78	(21) "Part" means an organ, an eye, or tissue of a
79	79	human being. The term does not include the whole body.
80	80	(22) "Person" means an individual, corporation,
81	81	business trust, estate, trust, partnership, limited liability
82	82	company, association, joint venture, public corporation,
83	83	government or governmental subdivision, agency, or
84	84	instrumentality, or any other legal or commercial entity.
85	85	(23) "Physician" means an individual authorized to
86	86	practice medicine or osteopathy under the law of any state.
87	87	(24) "Procurement organization" means an eye bank,
88	88	organ procurement organization, or tissue bank.
89	89	(25) "Prospective donor" means an individual who is
90	90	dead or near death and has been determined by a procurement
91	91	organization to have a part that could be medically suitable for
92	92	transplantation, therapy, research, or education. The term does not
93	93	include an individual who has made a refusal.
94	94	(26) "Reasonably available" means able to be contacted
95	95	by a procurement organization without undue effort and willing and
96	96	able to act in a timely manner consistent with existing medical
97	97	criteria necessary for the making of an anatomical gift.
98	98	(27) "Recipient" means an individual into whose body a
99	99	decedent's part has been or is intended to be transplanted.
100	100	(28) "Record" means information that is inscribed on a
101	101	tangible medium or that is stored in an electronic or other medium
102	102	and is retrievable in perceivable form.
103	103	(29) "Refusal" means a record created under Section
104	104	692A.007 that expressly states an intent to bar other persons from
105	105	making an anatomical gift of an individual's body or part.
106	106	(30) "Sign" means, with the present intent to
107	107	authenticate or adopt a record:
108	108	(A) to execute or adopt a tangible symbol; or
109	109	(B) to attach to or logically associate with the
110	110	record an electronic symbol, sound, or process.
111	111	(31) "State" means a state of the United States, the
112	112	District of Columbia, Puerto Rico, the United States Virgin
113	113	Islands, or any territory or insular possession subject to the
114	114	jurisdiction of the United States.
115	115	(32) "Technician" means an individual determined to be
116	116	qualified to remove or process parts by an appropriate organization
117	117	that is licensed, accredited, or regulated under federal or state
118	118	law. The term includes an enucleator.
119	119	(33) "Timely notification" means notification of an
120	120	imminent death to the organ procurement organization within one
121	121	hour of the patient's meeting the criteria for imminent death and
122	122	before the withdrawal of any life sustaining therapies. With
123	123	respect to cardiac death, timely notification means notification to
124	124	the organ procurement organization within one hour of the cardiac
125	125	death.
126	126	(34) "Tissue" means a portion of the human body other
127	127	than an organ or an eye. The term does not include blood unless the
128	128	blood is donated for the purpose of research or education.
129	129	(35) "Tissue bank" means a person licensed,
130	130	accredited, or regulated under federal or state law to engage in the
131	131	recovery, screening, testing, processing, storage, or distribution
132	132	of tissue.
133	133	(36) "Transplant hospital" means a hospital that
134	134	furnishes organ transplants and other medical and surgical
135	135	specialty services required for the care of transplant patients.
136	136	(37) "Visceral organ" means the heart, kidney, or
137	137	liver or another organ or tissue that requires a patient support
138	138	system to maintain the viability of the organ or tissue.
139	139	Sec. 692A.003. APPLICABILITY. This chapter applies to an
140	140	anatomical gift or amendment to, revocation of, or refusal to make
141	141	an anatomical gift, whenever made.
142	142	Sec. 692A.004. PERSONS AUTHORIZED TO MAKE ANATOMICAL GIFT
143	143	BEFORE DONOR'S DEATH. Subject to Section 692A.008, an anatomical
144	144	gift of a donor's body or part may be made during the life of the
145	145	donor for the purpose of transplantation, therapy, research, or
146	146	education in the manner provided in Section 692A.005 by:
147	147	(1) the donor, if the donor is an adult or if the donor
148	148	is a minor and is:
149	149	(A) emancipated; or
150	150	(B) authorized under state law to apply for a
151	151	driver's license because the donor is at least 16 years of age and:
152	152	(i) circumstances allow the donation to be
153	153	actualized prior to 18 years of age; and
154	154	(ii) an organ procurement organization
155	155	obtains signed written consent from the minor's parent, guardian,
156	156	or custodian as in Subdivision (3);
157	157	(2) an agent of the donor, unless the medical power of
158	158	attorney or other record prohibits the agent from making an
159	159	anatomical gift;
160	160	(3) a parent of the donor, if the donor is an
161	161	unemancipated minor; or
162	162	(4) the donor's guardian.
163	163	Sec. 692A.005. MANNER OF MAKING ANATOMICAL GIFT BEFORE
164	164	DONOR'S DEATH. (a) A donor may make an anatomical gift:
165	165	(1) by authorizing a statement or symbol indicating
166	166	that the donor has made an anatomical gift to be imprinted on the
167	167	donor's driver's license or identification card;
168	168	(2) in a will;
169	169	(3) during a terminal illness or injury of the donor,
170	170	by any form of communication addressed to at least two adults, at
171	171	least one of whom is a disinterested witness; or
172	172	(4) as provided in Subsection (b).
173	173	(b) A donor or other person authorized to make an anatomical
174	174	gift under Section 692A.004 may make a gift by a donor card or other
175	175	record signed by the donor or other person making the gift or by
176	176	authorizing that a statement or symbol indicating the donor has
177	177	made an anatomical gift be included on a donor registry. If the
178	178	donor or other person is physically unable to sign a record, the
179	179	record may be signed by another individual at the direction of the
180	180	donor or other person and must:
181	181	(1) be witnessed by at least two adults, at least one
182	182	of whom is a disinterested witness, who have signed at the request
183	183	of the donor or the other person; and
184	184	(2) state that the record has been signed and
185	185	witnessed as provided in Subdivision (1).
186	186	(c) Revocation, suspension, expiration, or cancellation of
187	187	a driver's license or identification card on which an anatomical
188	188	gift is indicated does not invalidate the gift.
189	189	(d) An anatomical gift made by will takes effect on the
190	190	donor's death whether or not the will is probated. Invalidation of
191	191	the will after the donor's death does not invalidate the gift.
192	192	Sec. 692A.006. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE
193	193	DONOR'S DEATH. (a) Subject to Section 692A.008, a donor or other
194	194	person authorized to make an anatomical gift under Section 692A.004
195	195	may amend or revoke an anatomical gift by:
196	196	(1) a record signed by:
197	197	(A) the donor;
198	198	(B) the other person; or
199	199	(C) subject to Subsection (b), another
200	200	individual acting at the direction of the donor or the other person
201	201	if the donor or other person is physically unable to sign; or
202	202	(2) a later-executed document of gift that amends or
203	203	revokes a previous anatomical gift or portion of an anatomical
204	204	gift, either expressly or by inconsistency.
205	205	(b) A record signed pursuant to Subsection (a)(1)(C) must:
206	206	(1) be witnessed by at least two adults, at least one
207	207	of whom is a disinterested witness, who have signed at the request
208	208	of the donor or the other person; and
209	209	(2) state that the record has been signed and
210	210	witnessed as provided in Subdivision (1).
211	211	(c) Subject to Section 692A.008, a donor or other person
212	212	authorized to make an anatomical gift under Section 692A.004 may
213	213	revoke an anatomical gift by the destruction or cancellation of the
214	214	document of gift, or the portion of the document of gift used to
215	215	make the gift, with the intent to revoke the gift.
216	216	(d) A donor may amend or revoke an anatomical gift that was
217	217	not made in a will by any form of communication during a terminal
218	218	illness or injury addressed to at least two adults, at least one of
219	219	whom is a disinterested witness.
220	220	(e) A donor who makes an anatomical gift in a will may amend
221	221	or revoke the gift in the manner provided for amendment or
222	222	revocation of wills or as provided in Subsection (a).
223	223	Sec. 692A.007. REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF
224	224	REFUSAL. (a) An individual may refuse to make an anatomical gift
225	225	of the individual's body or part by:
226	226	(1) a record signed by:
227	227	(A) the individual; or
228	228	(B) subject to Subsection (b), another
229	229	individual acting at the direction of the individual if the
230	230	individual is physically unable to sign;
231	231	(2) the individual's will, whether or not the will is
232	232	admitted to probate or invalidated after the individual's death; or
233	233	(3) any form of communication made by the individual
234	234	during the individual's terminal illness or injury addressed to at
235	235	least two adults, at least one of whom is a disinterested witness.
236	236	(b) A record signed pursuant to Subsection (a)(1)(B) must:
237	237	(1) be witnessed by at least two adults, at least one
238	238	of whom is a disinterested witness, who have signed at the request
239	239	of the individual; and
240	240	(2) state that the record has been signed and
241	241	witnessed as provided in Subdivision (1).
242	242	(c) An individual who has made a refusal may amend or revoke
243	243	the refusal:
244	244	(1) in the manner provided in Subsection (a) for
245	245	making a refusal;
246	246	(2) by subsequently making an anatomical gift pursuant
247	247	to Section 692A.005 that is inconsistent with the refusal; or
248	248	(3) by destroying or canceling the record evidencing
249	249	the refusal, or the portion of the record used to make the refusal,
250	250	with the intent to revoke the refusal.
251	251	(d) Except as otherwise provided in Section 692A.008(h), in
252	252	the absence of an express, contrary indication by the individual
253	253	set forth in the refusal, an individual's unrevoked refusal to make
254	254	an anatomical gift of the individual's body or part bars all other
255	255	persons from making an anatomical gift of the individual's body or
256	256	part.
257	257	Sec. 692A.008. PRECLUSIVE EFFECT OF ANATOMICAL GIFT,
258	258	AMENDMENT, OR REVOCATION. (a) Except as otherwise provided in
259	259	Subsection (g) and subject to Subsection (f), in the absence of an
260	260	express, contrary indication by the donor, a person other than the
261	261	donor is barred from making, amending, or revoking an anatomical
262	262	gift of a donor's body or part if the donor made an anatomical gift
263	263	of the donor's body or part under Section 692A.005 or an amendment
264	264	to an anatomical gift of the donor's body or part under Section
265	265	692A.006.
266	266	(b) A donor's revocation of an anatomical gift of the
267	267	donor's body or part under Section 692A.006 is not a refusal and
268	268	does not bar another person specified in Section 692A.004 or
269	269	Section 692A.009 from making an anatomical gift of the donor's body
270	270	or part under Section 692A.005 or Section 692A.010.
271	271	(c) If a person other than the donor makes an unrevoked
272	272	anatomical gift of the donor's body or part under Section 692A.005
273	273	or an amendment to an anatomical gift of the donor's body or part
274	274	under Section 692A.006, another person may not make, amend, or
275	275	revoke the gift of the donor's body or part under Section 692A.010.
276	276	(d) A revocation of an anatomical gift of a donor's body or
277	277	part under Section 692A.006 by a person other than the donor does
278	278	not bar another person from making an anatomical gift of the body or
279	279	part under Section 692A.005 or Section 692A.010.
280	280	(e) In the absence of an express, contrary indication by the
281	281	donor or other person authorized to make an anatomical gift under
282	282	Section 692A.004, an anatomical gift of a part is neither a refusal
283	283	to give another part nor a limitation on the making of an anatomical
284	284	gift of another part at a later time by the donor or another person.
285	285	(f) In the absence of an express, contrary indication by the
286	286	donor or other person authorized to make an anatomical gift under
287	287	Section 692A.004, an anatomical gift of a part for one or more of
288	288	the purposes set forth in Section 692A.004 is not a limitation on
289	289	the making of an anatomical gift of the part for any of the other
290	290	purposes by the donor or any other person under Section 692A.005 or
291	291	Section 692A.010.
292	292	(g) If a donor who is an unemancipated minor dies, a parent
293	293	of the donor who is reasonably available may revoke or amend an
294	294	anatomical gift of the donor's body or part.
295	295	(h) If an unemancipated minor who signed a refusal dies, a
296	296	parent of the minor who is reasonably available may revoke the
297	297	minor's refusal.
298	298	Sec. 692A.009. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S
299	299	BODY OR PART. (a) Subject to Subsections (b) and (c) and unless
300	300	barred by Section 692A.007 or Section 692A.008, an anatomical gift
301	301	of a decedent's body or part for the purpose of transplantation,
302	302	therapy, research, or education may be made by any member of the
303	303	following classes of persons who is reasonably available, in the
304	304	order of priority listed:
305	305	(1) an agent of the decedent at the time of death who
306	306	could have made an anatomical gift under Section 692A.004(2)
307	307	immediately before the decedent's death;
308	308	(2) the spouse of the decedent;
309	309	(3) adult children of the decedent;
310	310	(4) parents of the decedent;
311	311	(5) adult siblings of the decedent;
312	312	(6) adult grandchildren of the decedent;
313	313	(7) grandparents of the decedent;
314	314	(8) an adult who exhibited special care and concern
315	315	for the decedent;
316	316	(9) the persons who were acting as the guardians of the
317	317	person of the decedent at the time of death;
318	318	(10) the hospital administrator; and
319	319	(11) any other person having the authority to dispose
320	320	of the decedent's body.
321	321	(b) If there is more than one member of a class listed in
322	322	Subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make
323	323	an anatomical gift, an anatomical gift may be made by a member of
324	324	the class unless that member or a person to which the gift may pass
325	325	under Section 692A.011 knows of an objection by another member of
326	326	the class. If an objection is known, the gift may be made only by a
327	327	majority of the members of the class who are reasonably available.
328	328	(c) A person may not make an anatomical gift if, at the time
329	329	of the decedent's death, a person in a prior class under Subsection
330	330	(a) is reasonably available to make or to object to the making of an
331	331	anatomical gift.
332	332	Sec. 692A.010. MANNER OF MAKING, AMENDING, OR REVOKING
333	333	ANATOMICAL GIFT OF DECEDENT'S BODY OR PART. (a) A person
334	334	authorized to make an anatomical gift under Section 692A.009 may
335	335	make an anatomical gift by a document of gift signed by the person
336	336	making the gift or by that person's oral communication that is
337	337	electronically recorded or is contemporaneously reduced to a record
338	338	and signed by the individual receiving the oral communication.
339	339	(b) Subject to Subsection (c), an anatomical gift by a
340	340	person authorized under Section 692A.009 may be amended or revoked
341	341	orally or in a record by any member of a prior class who is
342	342	reasonably available. If more than one member of the prior class is
343	343	reasonably available, the gift made by a person authorized under
344	344	Section 692A.009 may be:
345	345	(1) amended only if a majority of the reasonably
346	346	available members agree to the amending of the gift; or
347	347	(2) revoked only if a majority of the reasonably
348	348	available members agree to the revoking of the gift or if they are
349	349	equally divided as to whether to revoke the gift.
350	350	(c) A revocation under Subsection (b) is effective only if,
351	351	before an incision has been made to remove a part from the donor's
352	352	body or before the initiation of invasive procedures to prepare the
353	353	recipient, the procurement organization, transplant hospital, or
354	354	physician or technician knows of the revocation.
355	355	Sec. 692A.011. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT;
356	356	PURPOSE OF ANATOMICAL GIFT. (a) An anatomical gift may be made to
357	357	the following persons named in the document of gift:
358	358	(1) an organ procurement organization to be used for
359	359	transplantation, therapy, research, or education;
360	360	(2) a hospital to be used for research;
361	361	(3) subject to Subsection (d), an individual
362	362	designated by the person making the anatomical gift if the
363	363	individual is the recipient of the part;
364	364	(4) an eye bank or tissue bank, except that use of a
365	365	gift of a whole body must be coordinated through the Anatomical
366	366	Board of the State of Texas;
367	367	(5) a forensic science program at:
368	368	(A) a general academic teaching institution as
369	369	defined by Section 61.003, Education Code; or
370	370	(B) a private or independent institution of
371	371	higher education as defined by Section 61.003, Education Code; or
372	372	(6) the Anatomical Board of the State of Texas.
373	373	(b) Except for donations described by Subsections (a)(1)
374	374	through (5), the Anatomical Board of the State of Texas shall be the
375	375	donee of gifts of bodies or parts of bodies made for the purpose of
376	376	education or research that are subject to distribution by the board
377	377	under Chapter 691.
378	378	(c) A forensic science program that receives a donation
379	379	under Subsection (a)(5) must submit a report to the Anatomical
380	380	Board of the State of Texas on a quarterly basis that lists:
381	381	(1) the number of bodies or parts of bodies that the
382	382	program received; and
383	383	(2) the method in which the program used the bodies or
384	384	parts of bodies for education or research.
385	385	(d) If an anatomical gift to an individual under Subsection
386	386	(a)(3) cannot be transplanted into the individual, the part passes
387	387	in accordance with Subsection (i) in the absence of an express,
388	388	contrary indication by the person making the anatomical gift.
389	389	(e) If an anatomical gift of one or more specific parts or of
390	390	all parts is made in a document of gift that does not name a person
391	391	described in Subsection (a) but identifies the purpose for which an
392	392	anatomical gift may be used, the following rules apply:
393	393	(1) if the part is an eye and the gift is for the
394	394	purpose of transplantation or therapy, the gift passes to the
395	395	appropriate eye bank;
396	396	(2) if the part is tissue and the gift is for the
397	397	purpose of transplantation or therapy, the gift passes to the
398	398	appropriate tissue bank;
399	399	(3) if the part is an organ and the gift is for the
400	400	purpose of transplantation or therapy, the gift passes to the
401	401	appropriate organ procurement organization as custodian of the
402	402	organ; and
403	403	(4) if the part is an organ, an eye, or tissue and the
404	404	gift is for the purpose of research or education, the gift passes to
405	405	the appropriate procurement organization.
406	406	(f) For the purpose of Subsection (e), if there is more than
407	407	one purpose of an anatomical gift set forth in the document of gift
408	408	but the purposes are not set forth in any priority, the gift must be
409	409	used for transplantation or therapy, if suitable. If the gift
410	410	cannot be used for transplantation or therapy, the gift may be used
411	411	for research or education.
412	412	(g) If an anatomical gift of one or more specific parts is
413	413	made in a document of gift that does not name a person described in
414	414	Subsection (a) and does not identify the purpose of the gift, the
415	415	gift may be used only for transplantation or therapy, and the gift
416	416	passes in accordance with Subsection (i).
417	417	(h) If a document of gift specifies only a general intent to
418	418	make an anatomical gift by words such as "donor," "organ donor," or
419	419	"body donor," or by a symbol or statement of similar import, the
420	420	gift may be used only for transplantation or therapy, and the gift
421	421	passes in accordance with Subsection (i).
422	422	(i) For purposes of Subsections (d), (g), and (h), the
423	423	following rules apply:
424	424	(1) if the part is an eye, the gift passes to the
425	425	appropriate eye bank;
426	426	(2) if the part is tissue, the gift passes to the
427	427	appropriate tissue bank; and
428	428	(3) if the part is an organ, the gift passes to the
429	429	appropriate organ procurement organization as custodian of the
430	430	organ.
431	431	(j) An anatomical gift of an organ for transplantation or
432	432	therapy, other than an anatomical gift under Subsection (a)(3),
433	433	passes to the organ procurement organization as custodian of the
434	434	organ.
435	435	(k) If an anatomical gift does not pass pursuant to
436	436	Subsections (a) through (j) or the decedent's body or part is not
437	437	used for transplantation, therapy, research, or education, custody
438	438	of the body or part passes to the person under obligation to dispose
439	439	of the body or part.
440	440	(l) A person may not accept an anatomical gift if the person
441	441	knows that the gift was not effectively made under Section 692A.005
442	442	or Section 692A.010 or if the person knows that the decedent made a
443	443	refusal under Section 692A.007 that was not revoked. For purposes
444	444	of this subsection, if a person knows that an anatomical gift was
445	445	made on a document of gift, the person is deemed to know of any
446	446	amendment or revocation of the gift or any refusal to make an
447	447	anatomical gift on the same document of gift.
448	448	(m) Except as otherwise provided in Subsection (a)(3),
449	449	nothing in this chapter affects the allocation of organs for
450	450	transplantation or therapy.
451	451	(n) A donee may accept or reject a gift.
452	452	Sec. 692A.012. SEARCH AND NOTIFICATION. The donor card of a
453	453	person who is involved in an accident or other trauma shall
454	454	accompany the person to the hospital or other health care facility.
455	455	The driver's license or personal identification certificate
456	456	indicating an affirmative statement of gift of a person who is
457	457	involved in an accident or other trauma shall accompany the person
458	458	to the hospital or health care facility if the person does not have
459	459	a donor card.
460	460	Sec. 692A.013. DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED;
461	461	RIGHT TO EXAMINE. (a) A document of gift need not be delivered
462	462	during the donor's lifetime to be effective.
463	463	(b) On or after an individual's death, a person in
464	464	possession of a document of gift or a refusal to make an anatomical
465	465	gift with respect to the individual shall allow examination and
466	466	copying of the document of gift or refusal by a person authorized to
467	467	make or object to the making of an anatomical gift with respect to
468	468	the individual or by a person to which the gift could pass under
469	469	Section 692A.011.
470	470	Sec. 692A.014. RIGHTS AND DUTIES OF PROCUREMENT
471	471	ORGANIZATION AND OTHERS. (a) When a hospital refers an individual
472	472	at or near death to a procurement organization, the organization
473	473	shall make a reasonable search of the records of the Department of
474	474	Public Safety and any donor registry that it knows exists for the
475	475	geographical area in which the individual resides to ascertain
476	476	whether the individual has made an anatomical gift.
477	477	(b) A procurement organization must be allowed reasonable
478	478	access to information in the records of the Department of Public
479	479	Safety to ascertain whether an individual at or near death is a
480	480	donor.
481	481	(c) When a hospital refers an individual at or near death to
482	482	a procurement organization, the organization may conduct any
483	483	reasonable examination necessary to ensure the medical suitability
484	484	of a part that is or could be the subject of an anatomical gift for
485	485	transplantation, therapy, research, or education from a donor or a
486	486	prospective donor. During the examination period, measures
487	487	necessary to ensure the medical suitability of the part may not be
488	488	withdrawn unless the hospital or procurement organization knows
489	489	that the individual expressed a contrary intent.
490	490	(d) Unless prohibited by law other than this chapter, at any
491	491	time after a donor's death, the person to which a part passes under
492	492	Section 692A.011 may conduct any reasonable examination necessary
493	493	to ensure the medical suitability of the body or part for its
494	494	intended purpose.
495	495	(e) Unless prohibited by law other than this chapter, an
496	496	examination under Subsection (c) or (d) may include an examination
497	497	of all medical and dental records of the donor or prospective donor.
498	498	(f) On the death of a minor who was a donor or had signed a
499	499	refusal, unless a procurement organization knows the minor is
500	500	emancipated, the procurement organization shall conduct a
501	501	reasonable search for the parents of the minor and provide the
502	502	parents with an opportunity to revoke or amend the anatomical gift
503	503	or revoke the refusal.
504	504	(g) On referral by a hospital under Subsection (a), a
505	505	procurement organization shall make a reasonable search for any
506	506	person listed in Section 692A.009 having priority to make an
507	507	anatomical gift on behalf of a prospective donor. If a procurement
508	508	organization receives information that an anatomical gift to any
509	509	other person was made, amended, or revoked, it shall promptly
510	510	advise the other person of all relevant information.
511	511	(h) Subject to Sections 692A.011(k) and 693.002, the rights
512	512	of the person to which a part passes under Section 692A.011 are
513	513	superior to the rights of all others with respect to the part. The
514	514	person may accept or reject an anatomical gift wholly or partly.
515	515	Subject to the terms of the document of gift and this chapter, a
516	516	person that accepts an anatomical gift of an entire body may allow
517	517	embalming, burial, or cremation, and use of remains in a funeral
518	518	service. If the gift is of a part, the person to which the part
519	519	passes under Section 692A.011, on the death of the donor and before
520	520	embalming, burial, or cremation, shall cause the part to be removed
521	521	without unnecessary mutilation.
522	522	(i) The physician who attends the decedent at death or the
523	523	physician who determines the time of the decedent's death may not
524	524	participate in the procedures for removing or transplanting a part
525	525	from the decedent.
526	526	(j) A physician or technician may remove a donated part from
527	527	the body of a donor that the physician or technician is qualified to
528	528	remove.
529	529	Sec. 692A.015. COORDINATION OF PROCUREMENT AND USE;
530	530	HOSPITAL PROCEDURES. Each hospital in this state shall enter into
531	531	agreements or affiliations with procurement organizations for
532	532	coordination of procurement and use of anatomical gifts. Each
533	533	hospital must have a protocol that ensures its maintenance of an
534	534	effective donation system in order to maximize organ, tissue, and
535	535	eye donation. The protocol must:
536	536	(1) be available to the public during the hospital's
537	537	normal business hours;
538	538	(2) establish a procedure for the timely notification
539	539	to an organ procurement organization of individuals whose death is
540	540	imminent or who have died in the hospital;
541	541	(3) establish procedures to ensure potential donors
542	542	are declared dead by an appropriate practitioner in an acceptable
543	543	time frame;
544	544	(4) establish procedures to ensure that hospital staff
545	545	and organ procurement organization staff maintain appropriate
546	546	medical treatment of potential donors while necessary testing and
547	547	placement of potential donated organs, tissues, and eyes take
548	548	place;
549	549	(5) ensure that all families are provided the
550	550	opportunity to donate organs, tissues, and eyes, including vascular
551	551	organs procured from asystolic donors;
552	552	(6) provide that the hospital use appropriately
553	553	trained persons from an organ procurement organization, tissue
554	554	bank, or eye bank to make inquiries relating to donations;
555	555	(7) provide for documentation of the inquiry and of
556	556	its disposition in the decedent's medical records;
557	557	(8) require an organ procurement organization, tissue
558	558	bank, or eye bank that makes inquiries relating to donations to
559	559	develop a protocol for making those inquiries;
560	560	(9) encourage sensitivity to families' beliefs and
561	561	circumstances in all discussions relating to the donations;
562	562	(10) provide that the organ procurement organization
563	563	determines medical suitability for organ donation and, in the
564	564	absence of alternative arrangements by the hospital, the organ
565	565	procurement organization determines medical suitability for tissue
566	566	and eye donation, using the definition of potential tissue and eye
567	567	donor and the notification protocol developed in consultation with
568	568	the tissue and eye banks identified by the hospital for this
569	569	purpose;
570	570	(11) ensure that the hospital works cooperatively with
571	571	the designated organ procurement organization, tissue bank, and eye
572	572	bank in educating staff on donation issues;
573	573	(12) ensure that the hospital works with the
574	574	designated organ procurement organization, tissue bank, and eye
575	575	bank in reviewing death records; and
576	576	(13) provide for monitoring of donation system
577	577	effectiveness, including rates of donation, protocols, and
578	578	policies, as part of the hospital's quality improvement program.
579	579	Sec. 692A.016. SALE OR PURCHASE OF PARTS PROHIBITED. (a)
580	580	Except as otherwise provided in Subsection (b), a person commits an
581	581	offense if the person for valuable consideration knowingly
582	582	purchases or sells a part for transplantation or therapy if removal
583	583	of a part from an individual is intended to occur after the
584	584	individual's death. An offense under this subsection is a Class A
585	585	misdemeanor.
586	586	(b) A person may charge a reasonable amount for the removal,
587	587	processing, preservation, quality control, storage,
588	588	transportation, implantation, or disposal of a part.
589	589	(c) If conduct that constitutes an offense under this
590	590	section also constitutes an offense under other law, the actor may
591	591	be prosecuted under this section, the other law, or both this
592	592	section and the other law.
593	593	Sec. 692A.017. OTHER PROHIBITED ACTS. (a) A person
594	594	commits an offense if the person, in order to obtain a financial
595	595	gain, intentionally falsifies, forges, conceals, defaces, or
596	596	obliterates a document of gift, an amendment or revocation of a
597	597	document of gift, or a refusal. An offense under this section is a
598	598	Class A misdemeanor.
599	599	(b) If conduct that constitutes an offense under this
600	600	section also constitutes an offense under other law, the actor may
601	601	be prosecuted under this section, the other law, or both this
602	602	section and the other law.
603	603	Sec. 692A.018. IMMUNITY. (a) A person who acts in good
604	604	faith in accordance with this chapter is not liable for civil
605	605	damages or subject to criminal prosecution for the person's action
606	606	if the prerequisites for an anatomical gift are met under the laws
607	607	applicable at the time and place the gift is made.
608	608	(b) A person that acts in accordance with this chapter or
609	609	with the applicable anatomical gift law of another state, or
610	610	attempts in good faith to do so, is not liable for the act in a civil
611	611	action, criminal prosecution, or administrative proceeding.
612	612	(c) A person who acts in good faith in accordance with this
613	613	chapter is not liable as a result of the action except in the case of
614	614	an act or omission of the person that is intentional, wilfully or
615	615	wantonly negligent, or done with conscious indifference or reckless
616	616	disregard. For purposes of this subsection, "good faith" in
617	617	determining the appropriate person authorized to make a donation
618	618	under Section 692A.009 means making a reasonable effort to locate
619	619	and contact the member or members of the highest priority class who
620	620	are reasonably available at or near the time of death.
621	621	(d) Neither a person making an anatomical gift nor the
622	622	donor's estate is liable for any injury or damage that results from
623	623	the making or use of the gift.
624	624	(e) In determining whether an anatomical gift has been made,
625	625	amended, or revoked under this chapter, a person may rely on
626	626	representations of an individual listed in Section 692A.009(a)(2),
627	627	(3), (4), (5), (6), (7), or (8) relating to the individual's
628	628	relationship to the donor or prospective donor unless the person
629	629	knows that the representation is untrue.
630	630	Sec. 692A.019. LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO
631	631	EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY. (a) A
632	632	document of gift is valid if executed in accordance with:
633	633	(1) this chapter;
634	634	(2) the laws of the state or country where it was
635	635	executed; or
636	636	(3) the laws of the state or country where the person
637	637	making the anatomical gift was domiciled, had a place of residence,
638	638	or was a national at the time the document of gift was executed.
639	639	(b) If a document of gift is valid under this section, the
640	640	law of this state governs the interpretation of the document of
641	641	gift.
642	642	(c) A person may presume that a document of gift or
643	643	amendment of an anatomical gift is valid unless that person knows
644	644	that it was not validly executed or was revoked.
645	645	Sec. 692A.020. GLENDA DAWSON DONATE LIFE-TEXAS REGISTRY;
646	646	EDUCATION PROGRAM. (a) In this section, "registry program" means
647	647	the donor education, awareness, and registry program established
648	648	under this section and known as the Glenda Dawson Donate Life-Texas
649	649	Registry.
650	650	(b) Any program or component of a program that the
651	651	department develops under this chapter shall be known as the Glenda
652	652	Dawson Donate Life-Texas Registry.
653	653	(c) The department shall affiliate with an entity, such as a
654	654	national or state association concerned with organ donation, to
655	655	promote the registry program in accordance with this section.
656	656	(d) In consultation with the Department of Public Safety and
657	657	organ procurement organizations, the department shall establish
658	658	the Glenda Dawson Donate Life-Texas Registry.
659	659	(e) The department shall enter into an agreement with an
660	660	organization selected by the commissioner under a competitive
661	661	proposal process for the establishment and maintenance of a
662	662	statewide Internet-based registry of organ, tissue, and eye donors.
663	663	Contingent on the continued availability of appropriations under
664	664	Subsection (k), the term of the initial agreement is two years and
665	665	may be renewed for two-year terms thereafter unless terminated in a
666	666	written notice to the other party by the department or organization
667	667	not later than the 180th day before the last day of a term.
668	668	(f) The Department of Public Safety at least monthly shall
669	669	electronically transfer to the organization selected by the
670	670	commissioner as provided by Subsection (e) the name, date of birth,
671	671	driver's license number, most recent address, and any other
672	672	relevant information in the possession of the Department of Public
673	673	Safety for any person who indicates on the person's driver's license
674	674	application under Section 521.401, Transportation Code, that the
675	675	person would like to make an anatomical gift and consents in writing
676	676	to the release of the information by the Department of Public Safety
677	677	to the organization for inclusion in the Internet-based registry.
678	678	(g) The contract between the department and the
679	679	organization selected by the commissioner as provided by Subsection
680	680	(e) must require the organization to:
681	681	(1) make information obtained from the Department of
682	682	Public Safety under Subsection (f) available to procurement
683	683	organizations;
684	684	(2) allow potential donors to submit information in
685	685	writing directly to the organization for inclusion in the
686	686	Internet-based registry;
687	687	(3) maintain the Internet-based registry in a manner
688	688	that allows procurement organizations to immediately access organ,
689	689	tissue, and eye donation information 24 hours a day, seven days a
690	690	week through electronic and telephonic methods; and
691	691	(4) protect the confidentiality and privacy of the
692	692	individuals providing information to the Internet-based registry,
693	693	regardless of the manner in which the information is provided.
694	694	(h) Except as otherwise provided by Subsection (g)(3) or
695	695	this subsection, the Department of Public Safety, the organization
696	696	selected by the commissioner under Subsection (e), or a procurement
697	697	organization may not sell, rent, or otherwise share any information
698	698	provided to the Internet-based registry. A procurement
699	699	organization may share any information provided to the registry
700	700	with an organ procurement organization or a health care provider or
701	701	facility providing medical care to a potential donor as necessary
702	702	to properly identify an individual at the time of donation.
703	703	(i) The Department of Public Safety, the organization
704	704	selected by the commissioner under Subsection (e), or the
705	705	procurement organizations may not use any demographic or specific
706	706	data provided to the Internet-based registry for any fund-raising
707	707	activities. Data may only be transmitted from the selected
708	708	organization to procurement organizations through electronic and
709	709	telephonic methods using secure, encrypted technology to preserve
710	710	the integrity of the data and the privacy of the individuals
711	711	providing information.
712	712	(j) In each office authorized to issue driver's licenses or
713	713	personal identification certificates, the Department of Public
714	714	Safety shall make available educational materials developed by the
715	715	Texas Organ, Tissue, and Eye Donor Council established under
716	716	Chapter 113, as added by Chapter 1186, Acts of the 79th Legislature,
717	717	Regular Session, 2005.
718	718	(k) The Department of Public Safety shall remit to the
719	719	comptroller the money collected under Sections 521.421(g) and
720	720	521.422(c), Transportation Code, as provided by those subsections.
721	721	A county assessor-collector shall remit to the comptroller any
722	722	money collected under Section 502.1745, Transportation Code, as
723	723	provided by that section. Money remitted to the comptroller in
724	724	accordance with those sections that is appropriated to the
725	725	department must be spent in accordance with the priorities
726	726	established by the department in consultation with the Texas Organ,
727	727	Tissue, and Eye Donor Council to pay the costs of:
728	728	(1) maintaining, operating, and updating the
729	729	Internet-based registry and establishing procedures for an
730	730	individual to be added to the registry; and
731	731	(2) designing and distributing educational materials
732	732	for prospective donors as required under this section.
733	733	(l) Any additional money over the amount necessary to
734	734	accomplish the purposes of Subsections (k)(1) and (2) may be used by
735	735	the department to provide education under this chapter or may be
736	736	awarded using a competitive grant process to organizations to
737	737	conduct organ, eye, and tissue donation education activities in
738	738	this state. A member of the Texas Organ, Tissue, and Eye Donor
739	739	Council may not receive a grant under this subsection.
740	740	(m) The department shall require the organization selected
741	741	under Subsection (e) to submit an annual written report to the
742	742	department that includes:
743	743	(1) the number of donors listed on the Internet-based
744	744	registry;
745	745	(2) changes in the number of donors listed on the
746	746	registry; and
747	747	(3) the demographic characteristics of listed donors,
748	748	to the extent the characteristics may be determined from
749	749	information provided on donor registry forms submitted by donors to
750	750	the organization.
751	751	(n) To the extent funds are available and as part of the
752	752	donor registry program, the department shall educate residents
753	753	about anatomical gifts. The program shall include information
754	754	about:
755	755	(1) the laws governing anatomical gifts, including
756	756	Subchapter Q, Chapter 521, Transportation Code, Chapter 693, and
757	757	this chapter;
758	758	(2) the procedures for becoming an organ, eye, or
759	759	tissue donor or donee; and
760	760	(3) the benefits of organ, eye, or tissue donation.
761	761	(o) In developing the registry program, the department in
762	762	consultation with the Texas Organ, Tissue, and Eye Donor Council
763	763	shall solicit broad-based input reflecting recommendations of all
764	764	interested groups, including representatives of patients,
765	765	providers, ethnic groups, and geographic regions.
766	766	(p) In consultation with the Texas Organ, Tissue, and Eye
767	767	Donor Council, the department may implement a training program for
768	768	all appropriate Department of Public Safety and Texas Department of
769	769	Transportation employees on the benefits of organ, tissue, and eye
770	770	donation and the procedures for individuals to be added to the
771	771	Internet-based registry. The department shall implement the
772	772	training program before the date that the registry is operational
773	773	and shall conduct the training on an ongoing basis for new
774	774	employees.
775	775	(q) The department shall develop a program to educate health
776	776	care providers and attorneys in this state about anatomical gifts.
777	777	(r) The department through the program shall encourage
778	778	attorneys to provide organ donation information to clients seeking
779	779	advice for end-of-life decisions.
780	780	(s) The department shall encourage medical and nursing
781	781	schools in this state to include mandatory organ donation education
782	782	in the schools' curricula.
783	783	(t) The department shall encourage medical schools in this
784	784	state to require a physician in a neurology or neurosurgery
785	785	residency program to complete an advanced course in organ donation
786	786	education.
787	787	Sec. 692A.021. EFFECT OF ANATOMICAL GIFT ON ADVANCE
788	788	DIRECTIVE. (a) In this section:
789	789	(1) "Advance directive" means a medical power of
790	790	attorney or a record signed or authorized by a prospective donor
791	791	containing the prospective donor's direction concerning a
792	792	health-care decision for the prospective donor.
793	793	(2) "Declaration" means a record signed by a
794	794	prospective donor specifying the circumstances under which a life
795	795	support system may be withheld or withdrawn from the prospective
796	796	donor.
797	797	(3) "Health-care decision" means any decision made
798	798	regarding the health care of the prospective donor.
799	799	(b) If a prospective donor has a declaration or advance
800	800	directive and the terms of the declaration or directive and the
801	801	express or implied terms of a potential anatomical gift are in
802	802	conflict with regard to the administration of measures necessary to
803	803	ensure the medical suitability of a part for transplantation or
804	804	therapy, the prospective donor's attending physician and
805	805	prospective donor shall confer to resolve the conflict. If the
806	806	prospective donor is incapable of resolving the conflict, an agent
807	807	acting under the prospective donor's declaration or directive, or,
808	808	if the agent is not reasonably available, another person authorized
809	809	by law other than this chapter to make health-care decisions on
810	810	behalf of the prospective donor, shall act on the prospective
811	811	donor's behalf to resolve the conflict. The conflict must be
812	812	resolved as expeditiously as possible. Information relevant to the
813	813	resolution of the conflict may be obtained from the appropriate
814	814	procurement organization and any other person authorized to make an
815	815	anatomical gift for the prospective donor under Section 692A.009.
816	816	Before resolution of the conflict, measures necessary to ensure the
817	817	medical suitability of the part may not be withheld or withdrawn
818	818	from the prospective donor.
819	819	(c) If the conflict cannot be resolved, an expedited review
820	820	of the matter must be initiated by an ethics or medical committee of
821	821	the appropriate health care facility.
822	822	Sec. 692A.022. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
823	823	In applying and construing this chapter, consideration must be
824	824	given to the need to promote uniformity of the law with respect to
825	825	the subject matter of this chapter among states that enact a law
826	826	substantially similar to this chapter.
827	827	Sec. 692A.023. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
828	828	AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
829	829	supersedes the provisions of the Electronic Signatures in Global
830	830	and National Commerce Act (15 U.S.C. Section 7001 et seq.), but does
831	831	not modify, limit, or supersede Section 101(a) of that Act (15
832	832	U.S.C. Section 7001(a)), or authorize electronic delivery of any of
833	833	the notices described in Section 103 of that Act (15 U.S.C. Section
834	834	7003(b)).
835	835	SECTION 2. Section 241.153, Health and Safety Code, is
836	836	amended to read as follows:
837	837	Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
838	838	patient's health care information may be disclosed without the
839	839	patient's authorization if the disclosure is:
840	840	(1) directory information, unless the patient has
841	841	instructed the hospital not to make the disclosure or the directory
842	842	information is otherwise protected by state or federal law;
843	843	(2) to a health care provider who is rendering health
844	844	care to the patient when the request for the disclosure is made;
845	845	(3) to a transporting emergency medical services
846	846	provider for the purpose of:
847	847	(A) treatment or payment, as those terms are
848	848	defined by the regulations adopted under the Health Insurance
849	849	Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
850	850	or
851	851	(B) the following health care operations
852	852	described by the regulations adopted under the Health Insurance
853	853	Portability and Accountability Act of 1996 (Pub. L. No. 104-191):
854	854	(i) quality assessment and improvement
855	855	activities;
856	856	(ii) specified insurance functions;
857	857	(iii) conducting or arranging for medical
858	858	reviews; or
859	859	(iv) competency assurance activities;
860	860	(4) to a member of the clergy specifically designated
861	861	by the patient;
862	862	(5) to a [qualified organ or tissue] procurement
863	863	organization as defined in Section 692A.002 [692.002] for the
864	864	purpose of making inquiries relating to donations according to the
865	865	protocol referred to in Section 692A.015 [692.013(d)];
866	866	(6) to a prospective health care provider for the
867	867	purpose of securing the services of that health care provider as
868	868	part of the patient's continuum of care, as determined by the
869	869	patient's attending physician;
870	870	(7) to a person authorized to consent to medical
871	871	treatment under Chapter 313 or to a person in a circumstance
872	872	exempted from Chapter 313 to facilitate the adequate provision of
873	873	treatment;
874	874	(8) to an employee or agent of the hospital who
875	875	requires health care information for health care education, quality
876	876	assurance, or peer review or for assisting the hospital in the
877	877	delivery of health care or in complying with statutory, licensing,
878	878	accreditation, or certification requirements and if the hospital
879	879	takes appropriate action to ensure that the employee or agent:
880	880	(A) will not use or disclose the health care
881	881	information for any other purpose; and
882	882	(B) will take appropriate steps to protect the
883	883	health care information;
884	884	(9) to a federal, state, or local government agency or
885	885	authority to the extent authorized or required by law;
886	886	(10) to a hospital that is the successor in interest to
887	887	the hospital maintaining the health care information;
888	888	(11) to the American Red Cross for the specific
889	889	purpose of fulfilling the duties specified under its charter
890	890	granted as an instrumentality of the United States government;
891	891	(12) to a regional poison control center, as the term
892	892	is used in Chapter 777, to the extent necessary to enable the center
893	893	to provide information and education to health professionals
894	894	involved in the management of poison and overdose victims,
895	895	including information regarding appropriate therapeutic use of
896	896	medications, their compatibility and stability, and adverse drug
897	897	reactions and interactions;
898	898	(13) to a health care utilization review agent who
899	899	requires the health care information for utilization review of
900	900	health care under Chapter 4201 [Article 21.58A], Insurance Code;
901	901	(14) for use in a research project authorized by an
902	902	institutional review board under federal law;
903	903	(15) to health care personnel of a penal or other
904	904	custodial institution in which the patient is detained if the
905	905	disclosure is for the sole purpose of providing health care to the
906	906	patient;
907	907	(16) to facilitate reimbursement to a hospital, other
908	908	health care provider, or the patient for medical services or
909	909	supplies;
910	910	(17) to a health maintenance organization for purposes
911	911	of maintaining a statistical reporting system as required by a rule
912	912	adopted by a state agency or regulations adopted under the federal
913	913	Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
914	914	Section 300e et seq.);
915	915	(18) to satisfy a request for medical records of a
916	916	deceased or incompetent person pursuant to Section 74.051(e), Civil
917	917	Practice and Remedies Code;
918	918	(19) to comply with a court order except as provided by
919	919	Subdivision (20); or
920	920	(20) related to a judicial proceeding in which the
921	921	patient is a party and the disclosure is requested under a subpoena
922	922	issued under:
923	923	(A) the Texas Rules of Civil Procedure or Code of
924	924	Criminal Procedure; or
925	925	(B) Chapter 121, Civil Practice and Remedies
926	926	Code.
927	927	SECTION 3. Section 691.030(d), Health and Safety Code, is
928	928	amended to read as follows:
929	929	(d) The board may transport a body or anatomical specimen to
930	930	an authorized recipient in another state if the board determines
931	931	that the supply of bodies or anatomical specimens in this state
932	932	exceeds the need for bodies or anatomical specimens in this state
933	933	and if:
934	934	(1) the deceased donated his body in compliance with
935	935	Section 691.028 and at the time of the donation authorized the board
936	936	to transport the body outside this state; or
937	937	(2) the body was donated in compliance with Chapter
938	938	692A [692 (Texas Anatomical Gift Act)] and the person authorized to
939	939	make the donation under Section 692A.009 [692.004] authorized the
940	940	board to transport the body outside this state.
941	941	SECTION 4. Sections 693.002(a)(1), (2), and (4), Health and
942	942	Safety Code, are amended to read as follows:
943	943	(1) On a request from an [a qualified] organ
944	944	procurement organization, as defined by [in] Section 692A.002
945	945	[692.002], the medical examiner, justice of the peace, county
946	946	judge, or physician designated by the justice of the peace or county
947	947	judge may permit the removal of organs from a decedent who died
948	948	under circumstances requiring an inquest by the medical examiner,
949	949	justice of the peace, or county judge if consent is obtained
950	950	pursuant to Sections 692A.005 through 692A.010 or Section 693.003.
951	951	(2) If no autopsy is required, the organs to be
952	952	transplanted shall be released in a timely manner to the
953	953	[qualified] organ procurement organization, as defined by [in]
954	954	Section 692A.002 [692.002], for removal and transplantation.
955	955	(4) If the medical examiner is considering withholding
956	956	one or more organs of a potential donor for any reason, the medical
957	957	examiner shall be present during the removal of the organs. In such
958	958	case, the medical examiner may request a biopsy of those organs or
959	959	deny removal of the anatomical gift. If the medical examiner denies
960	960	removal of the anatomical gift, the medical examiner shall explain
961	961	in writing the reasons for the denial. The medical examiner shall
962	962	provide the explanation to:
963	963	(A) the [qualified] organ procurement
964	964	organization; and
965	965	(B) any person listed in Section 692A.009
966	966	[693.004] who consented to the removal.
967	967	SECTION 5. Section 693.002(b), Health and Safety Code, is
968	968	amended to read as follows:
969	969	(b) On a request from a [qualified] tissue bank [procurement
970	970	organization], as defined by [in] Section 692A.002 [692.002], the
971	971	medical examiner may permit the removal of tissue believed to be
972	972	clinically usable for transplants or other therapy or treatment
973	973	from a decedent who died under circumstances requiring an inquest
974	974	if consent is obtained pursuant to Sections 692A.005 through
975	975	692A.010 or Section 693.003 or, if consent is not required by those
976	976	sections [that section], no objection by a person listed in Section
977	977	692A.009 [693.004] is known by the medical examiner. If the medical
978	978	examiner denies removal of the tissue, the medical examiner shall
979	979	explain in writing the reasons for the denial. The medical examiner
980	980	shall provide the explanation to:
981	981	(1) the [qualified] tissue bank [procurement
982	982	organization]; and
983	983	(2) the person listed in Section 692A.009 [693.004]
984	984	who consented to the removal.
985	985	SECTION 6. Section 693.003, Health and Safety Code, is
986	986	amended to read as follows:
987	987	Sec. 693.003. CONSENT NOT REQUIRED IN CERTAIN
988	988	CIRCUMSTANCES. [(a) A medical examiner or a person acting on the
989	989	authority of a medical examiner may not remove a visceral organ
990	990	unless the medical examiner or person obtains the consent of a
991	991	person listed in Section 693.004.
992	992	[(b) If a person listed in Section 693.004 is known and
993	993	available within four hours after death is pronounced, a medical
994	994	examiner or a person acting on the authority of a medical examiner
995	995	may not remove a nonvisceral organ or tissue unless the medical
996	996	examiner or person obtains that person's consent.
997	997	[(c)] If a person listed in Section 692A.009 [693.004]
998	998	cannot be identified and contacted within four hours after death is
999	999	pronounced and the county court [medical examiner] determines that
1000	1000	no reasonable likelihood exists that a person can be identified and
1001	1001	contacted during the four-hour period, the county court [medical
1002	1002	examiner] may permit the removal of a nonvisceral organ or tissue.
1003	1003	SECTION 7. Section 693.005, Health and Safety Code, is
1004	1004	amended to read as follows:
1005	1005	Sec. 693.005. IMMUNITY FROM DAMAGES IN CIVIL ACTION. In a
1006	1006	civil action brought by a person listed in Section 692A.009
1007	1007	[693.004] who did not object before the removal of tissue or a body
1008	1008	part specified by Section 693.002, a medical examiner, justice of
1009	1009	the peace, county judge, medical facility, physician acting on
1010	1010	permission of a medical examiner, justice of the peace, or county
1011	1011	judge, or person assisting a physician is not liable for damages on
1012	1012	a theory of civil recovery based on a contention that the
1013	1013	plaintiff's consent was required before the body part or tissue
1014	1014	could be removed.
1015	1015	SECTION 8. Section 693.006, Health and Safety Code, is
1016	1016	amended to read as follows:
1017	1017	Sec. 693.006. REMOVAL OF CORNEAL TISSUE. On a request from
1018	1018	an eye bank, as defined in Section 692A.002 [692.002], the medical
1019	1019	examiner, justice of the peace, county judge, or physician
1020	1020	designated by the justice of the peace or county judge may permit
1021	1021	the removal of corneal tissue subject to the same provisions that
1022	1022	apply to removal of a visceral organ on the request of a [an organ]
1023	1023	procurement organization under this subchapter. The provisions of
1024	1024	Chapter 692A [this subchapter] relating to immunity and consent
1025	1025	apply to the removal of the corneal tissue.
1026	1026	SECTION 9. Sections 521.401(b) and (c), Transportation
1027	1027	Code, are amended to read as follows:
1028	1028	(b) The statement of gift may be shown on a donor's driver's
1029	1029	license or personal identification certificate or by a card
1030	1030	designed to be carried by the donor to evidence the donor's
1031	1031	intentions with respect to organ, tissue, and eye donation. A donor
1032	1032	card signed by the donor shall be given effect as if executed
1033	1033	pursuant to Section 692A.005 [692.003(d)], Health and Safety Code.
1034	1034	(c) Donor cards shall be provided to the department by
1035	1035	[qualified] organ [or tissue] procurement organizations, tissue
1036	1036	banks, or eye banks, as those terms are defined in Section 692A.002
1037	1037	[692.002], Health and Safety Code, or by the Glenda Dawson Donate
1038	1038	Life-Texas [Donor Education, Awareness, and] Registry [Program of
1039	1039	Texas] established under Chapter 692A [49], Health and Safety Code.
1040	1040	The department shall:
1041	1041	(1) provide to each applicant for the issuance of an
1042	1042	original, renewal, corrected, or duplicate driver's license or
1043	1043	personal identification certificate who applies in person, by mail,
1044	1044	over the Internet, or by other electronic means:
1045	1045	(A) the opportunity to indicate on the person's
1046	1046	driver's license or personal identification certificate that the
1047	1047	person is willing to make an anatomical gift, in the event of death,
1048	1048	in accordance with Section 692A.005 [692.003], Health and Safety
1049	1049	Code; and
1050	1050	(B) an opportunity for the person to consent in
1051	1051	writing to the department's provision of the person's name, date of
1052	1052	birth, driver's license number, most recent address, and other
1053	1053	information needed for identification purposes at the time of
1054	1054	donation to the organization selected by the commissioner of state
1055	1055	health services under Section 692A.020 [Chapter 49], Health and
1056	1056	Safety Code, for inclusion in the statewide Internet-based registry
1057	1057	of organ, tissue, and eye donors and for release to procurement
1058	1058	[qualified organ, tissue, and eye bank] organizations; and
1059	1059	(2) provide a means to distribute donor cards to
1060	1060	interested individuals in each office authorized to issue driver's
1061	1061	licenses or personal identification certificates.
1062	1062	SECTION 10. Section 651.407(f), Occupations Code, is
1063	1063	amended to read as follows:
1064	1064	(f) This section does not apply to a dead human body
1065	1065	obtained by a school or college of mortuary science under Chapter
1066	1066	691 or 692A [692], Health and Safety Code.
1067	1067	SECTION 11. The following provisions are repealed:
1068	1068	(1) Chapter 49, Health and Safety Code;
1069	1069	(2) Chapter 692, Health and Safety Code;
1070	1070	(3) Section 693.004, Health and Safety Code;
1071	1071	(4) Section 521.403, Transportation Code; and
1072	1072	(5) Section 521.404, Transportation Code.
1073	1073	SECTION 12. Notwithstanding the repeal of Chapter 49,
1074	1074	Health and Safety Code, by this Act, the Glenda Dawson Donate
1075	1075	Life-Texas Registry described by that chapter is continued in
1076	1076	effect in accordance with Chapter 692A, Health and Safety Code, as
1077	1077	added by this Act.
1078	1078	SECTION 13. This Act takes effect September 1, 2009.
1079	1079	______________________________ ______________________________
1080	1080	President of the Senate Speaker of the House
1081	1081	I certify that H.B. No. 2027 was passed by the House on April
1082	1082	23, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
1083	1083	voting; and that the House concurred in Senate amendments to H.B.
1084	1084	No. 2027 on May 18, 2009, by the following vote: Yeas 142, Nays 0,
1085	1085	2 present, not voting.
1086	1086	______________________________
1087	1087	Chief Clerk of the House
1088	1088	I certify that H.B. No. 2027 was passed by the Senate, with
1089	1089	amendments, on May 15, 2009, by the following vote: Yeas 30, Nays
1090	1090	0.
1091	1091	______________________________
1092	1092	Secretary of the Senate
1093	1093	APPROVED: __________________
1094	1094	Date
1095	1095	__________________
1096	1096	Governor