Texas 2009 - 81st Regular

Texas Senate Bill SB2091 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5109 SJM-F
2	2	By: Harris S.B. No. 2091
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to adoption of the Revised Uniform Anatomical Gift Act;
8	8	providing criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 8, Health and Safety Code, is
11	11	amended by adding Chapter 692A to read as follows:
12	12	CHAPTER 692A. REVISED UNIFORM ANATOMICAL GIFT ACT
13	13	Sec. 692A.001. SHORT TITLE. This chapter may be cited as
14	14	the Revised Uniform Anatomical Gift Act.
15	15	Sec. 692A.002. DEFINITIONS. In this chapter:
16	16	(1) "Adult" means an individual who is at least 18
17	17	years of age.
18	18	(2) "Agent" means an individual:
19	19	(A) authorized to make health care decisions on
20	20	the principal's behalf by a medical power of attorney; or
21	21	(B) expressly authorized to make an anatomical
22	22	gift on the principal's behalf by any other record signed by the
23	23	principal.
24	24	(3) "Anatomical gift" means a donation of all or part
25	25	of a human body to take effect after the donor's death for the
26	26	purpose of transplantation, therapy, research, or education.
27	27	(4) "Commissioner" means the commissioner of state
28	28	health services.
29	29	(5) "Decedent" means a deceased individual whose body
30	30	or part is or may be the source of an anatomical gift. The term
31	31	includes a stillborn infant and, subject to restrictions imposed by
32	32	law other than this chapter, a fetus.
33	33	(6) "Department" means the Department of State Health
34	34	Services.
35	35	(7) "Disinterested witness" means a witness other than
36	36	the spouse, child, parent, sibling, grandchild, grandparent, or
37	37	guardian of the individual who makes, amends, revokes, or refuses
38	38	to make an anatomical gift, or another adult who exhibited special
39	39	care and concern for the individual. The term does not include a
40	40	person to which an anatomical gift could pass under Section
41	41	692A.011.
42	42	(8) "Document of gift" means a donor card or other
43	43	record used to make an anatomical gift. The term includes a
44	44	statement or symbol on a driver's license, identification card, or
45	45	donor registry.
46	46	(9) "Donor" means an individual whose body or part is
47	47	the subject of an anatomical gift.
48	48	(10) "Donor registry" means a database that contains
49	49	records of anatomical gifts and amendments to or revocations of
50	50	anatomical gifts.
51	51	(11) "Driver's license" means a license or permit
52	52	issued by the Department of Public Safety to operate a vehicle,
53	53	whether or not conditions are attached to the license or permit.
54	54	(12) "Eye bank" means a person that is licensed,
55	55	accredited, or regulated under federal or state law to engage in the
56	56	recovery, screening, testing, processing, storage, or distribution
57	57	of human eyes or portions of human eyes.
58	58	(13) "Guardian" means a person appointed by a court to
59	59	make decisions regarding the support, care, education, health, or
60	60	welfare of an individual. The term does not include a guardian ad
61	61	litem.
62	62	(14) "Hospital" means a facility licensed as a
63	63	hospital under the law of any state or a facility operated as a
64	64	hospital by the United States, a state, or a subdivision of a state.
65	65	(15) "Identification card" means an identification
66	66	card issued by the Department of Public Safety.
67	67	(16) "Imminent death" means a patient who requires
68	68	mechanical ventilation, has a severe neurologic injury, and meets
69	69	certain clinical criteria indicating that neurologic death is near
70	70	or a patient for whom withdrawal of ventilatory support is being
71	71	considered.
72	72	(17) "Know" means to have actual knowledge.
73	73	(18) "Minor" means an individual who is under 18 years
74	74	of age.
75	75	(19) "Organ procurement organization" means a person
76	76	designated by the secretary of the United States Department of
77	77	Health and Human Services as an organ procurement organization.
78	78	(20) "Parent" means a parent whose parental rights
79	79	have not been terminated.
80	80	(21) "Part" means an organ, an eye, or tissue of a
81	81	human being. The term does not include the whole body.
82	82	(22) "Person" means an individual, corporation,
83	83	business trust, estate, trust, partnership, limited liability
84	84	company, association, joint venture, public corporation,
85	85	government or governmental subdivision, agency, or
86	86	instrumentality, or any other legal or commercial entity.
87	87	(23) "Physician" means an individual authorized to
88	88	practice medicine or osteopathy under the law of any state.
89	89	(24) "Procurement organization" means an eye bank,
90	90	organ procurement organization, or tissue bank.
91	91	(25) "Prospective donor" means an individual who is
92	92	dead or near death and has been determined by a procurement
93	93	organization to have a part that could be medically suitable for
94	94	transplantation, therapy, research, or education. The term does not
95	95	include an individual who has made a refusal.
96	96	(26) "Reasonably available" means able to be contacted
97	97	by a procurement organization without undue effort and willing and
98	98	able to act in a timely manner consistent with existing medical
99	99	criteria necessary for the making of an anatomical gift.
100	100	(27) "Recipient" means an individual into whose body a
101	101	decedent's part has been or is intended to be transplanted.
102	102	(28) "Record" means information that is inscribed on a
103	103	tangible medium or that is stored in an electronic or other medium
104	104	and is retrievable in perceivable form.
105	105	(29) "Refusal" means a record created under Section
106	106	692A.007 that expressly states an intent to bar other persons from
107	107	making an anatomical gift of an individual's body or part.
108	108	(30) "Sign" means, with the present intent to
109	109	authenticate or adopt a record:
110	110	(A) to execute or adopt a tangible symbol; or
111	111	(B) to attach to or logically associate with the
112	112	record an electronic symbol, sound, or process.
113	113	(31) "State" means a state of the United States, the
114	114	District of Columbia, Puerto Rico, the United States Virgin
115	115	Islands, or any territory or insular possession subject to the
116	116	jurisdiction of the United States.
117	117	(32) "Technician" means an individual determined to be
118	118	qualified to remove or process parts by an appropriate organization
119	119	that is licensed, accredited, or regulated under federal or state
120	120	law. The term includes an enucleator.
121	121	(33) "Timely notification" means notification of an
122	122	imminent death to the organ procurement organization within one
123	123	hour of the patient's meeting the criteria for imminent death and
124	124	before the withdrawal of any life sustaining therapies. With
125	125	respect to cardiac death, timely notification means notification to
126	126	the organ procurement organization within one hour of the cardiac
127	127	death.
128	128	(34) "Tissue" means a portion of the human body other
129	129	than an organ or an eye. The term does not include blood unless the
130	130	blood is donated for the purpose of research or education.
131	131	(35) "Tissue bank" means a person licensed,
132	132	accredited, or regulated under federal or state law to engage in the
133	133	recovery, screening, testing, processing, storage, or distribution
134	134	of tissue.
135	135	(36) "Transplant hospital" means a hospital that
136	136	furnishes organ transplants and other medical and surgical
137	137	specialty services required for the care of transplant patients.
138	138	(37) "Visceral organ" means the heart, kidney, or
139	139	liver or another organ or tissue that requires a patient support
140	140	system to maintain the viability of the organ or tissue.
141	141	Sec. 692A.003. APPLICABILITY. This chapter applies to an
142	142	anatomical gift or amendment to, revocation of, or refusal to make
143	143	an anatomical gift, whenever made.
144	144	Sec. 692A.004. PERSONS AUTHORIZED TO MAKE ANATOMICAL GIFT
145	145	BEFORE DONOR'S DEATH. Subject to Section 692A.008, an anatomical
146	146	gift of a donor's body or part may be made during the life of the
147	147	donor for the purpose of transplantation, therapy, research, or
148	148	education in the manner provided in Section 692A.005 by:
149	149	(1) the donor, if the donor is an adult or if the donor
150	150	is a minor and is:
151	151	(A) emancipated; or
152	152	(B) authorized under state law to apply for a
153	153	driver's license because the donor is at least 16 years of age;
154	154	(2) an agent of the donor, unless the medical power of
155	155	attorney or other record prohibits the agent from making an
156	156	anatomical gift;
157	157	(3) a parent of the donor, if the donor is an
158	158	unemancipated minor; or
159	159	(4) the donor's guardian.
160	160	Sec. 692A.005. MANNER OF MAKING ANATOMICAL GIFT BEFORE
161	161	DONOR'S DEATH. (a) A donor may make an anatomical gift:
162	162	(1) by authorizing a statement or symbol indicating
163	163	that the donor has made an anatomical gift to be imprinted on the
164	164	donor's driver's license or identification card;
165	165	(2) in a will;
166	166	(3) during a terminal illness or injury of the donor,
167	167	by any form of communication addressed to at least two adults, at
168	168	least one of whom is a disinterested witness; or
169	169	(4) as provided in Subsection (b).
170	170	(b) A donor or other person authorized to make an anatomical
171	171	gift under Section 692A.004 may make a gift by a donor card or other
172	172	record signed by the donor or other person making the gift or by
173	173	authorizing that a statement or symbol indicating the donor has
174	174	made an anatomical gift be included on a donor registry. If the
175	175	donor or other person is physically unable to sign a record, the
176	176	record may be signed by another individual at the direction of the
177	177	donor or other person and must:
178	178	(1) be witnessed by at least two adults, at least one
179	179	of whom is a disinterested witness, who have signed at the request
180	180	of the donor or the other person; and
181	181	(2) state that the record has been signed and
182	182	witnessed as provided in Subdivision (1).
183	183	(c) Revocation, suspension, expiration, or cancellation of
184	184	a driver's license or identification card on which an anatomical
185	185	gift is indicated does not invalidate the gift.
186	186	(d) An anatomical gift made by will takes effect on the
187	187	donor's death whether or not the will is probated. Invalidation of
188	188	the will after the donor's death does not invalidate the gift.
189	189	Sec. 692A.006. AMENDING OR REVOKING ANATOMICAL GIFT BEFORE
190	190	DONOR'S DEATH. (a) Subject to Section 692A.008, a donor or other
191	191	person authorized to make an anatomical gift under Section 692A.004
192	192	may amend or revoke an anatomical gift by:
193	193	(1) a record signed by:
194	194	(A) the donor;
195	195	(B) the other person; or
196	196	(C) subject to Subsection (b), another
197	197	individual acting at the direction of the donor or the other person
198	198	if the donor or other person is physically unable to sign; or
199	199	(2) a later-executed document of gift that amends or
200	200	revokes a previous anatomical gift or portion of an anatomical
201	201	gift, either expressly or by inconsistency.
202	202	(b) A record signed pursuant to Subsection (a)(1)(C) must:
203	203	(1) be witnessed by at least two adults, at least one
204	204	of whom is a disinterested witness, who have signed at the request
205	205	of the donor or the other person; and
206	206	(2) state that the record has been signed and
207	207	witnessed as provided in Subdivision (1).
208	208	(c) Subject to Section 692A.008, a donor or other person
209	209	authorized to make an anatomical gift under Section 692A.004 may
210	210	revoke an anatomical gift by the destruction or cancellation of the
211	211	document of gift, or the portion of the document of gift used to
212	212	make the gift, with the intent to revoke the gift.
213	213	(d) A donor may amend or revoke an anatomical gift that was
214	214	not made in a will by any form of communication during a terminal
215	215	illness or injury addressed to at least two adults, at least one of
216	216	whom is a disinterested witness.
217	217	(e) A donor who makes an anatomical gift in a will may amend
218	218	or revoke the gift in the manner provided for amendment or
219	219	revocation of wills or as provided in Subsection (a).
220	220	Sec. 692A.007. REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF
221	221	REFUSAL. (a) An individual may refuse to make an anatomical gift
222	222	of the individual's body or part by:
223	223	(1) a record signed by:
224	224	(A) the individual; or
225	225	(B) subject to Subsection (b), another
226	226	individual acting at the direction of the individual if the
227	227	individual is physically unable to sign;
228	228	(2) the individual's will, whether or not the will is
229	229	admitted to probate or invalidated after the individual's death; or
230	230	(3) any form of communication made by the individual
231	231	during the individual's terminal illness or injury addressed to at
232	232	least two adults, at least one of whom is a disinterested witness.
233	233	(b) A record signed pursuant to Subsection (a)(1)(B) must:
234	234	(1) be witnessed by at least two adults, at least one
235	235	of whom is a disinterested witness, who have signed at the request
236	236	of the individual; and
237	237	(2) state that the record has been signed and
238	238	witnessed as provided in Subdivision (1).
239	239	(c) An individual who has made a refusal may amend or revoke
240	240	the refusal:
241	241	(1) in the manner provided in Subsection (a) for
242	242	making a refusal;
243	243	(2) by subsequently making an anatomical gift pursuant
244	244	to Section 692A.005 that is inconsistent with the refusal; or
245	245	(3) by destroying or canceling the record evidencing
246	246	the refusal, or the portion of the record used to make the refusal,
247	247	with the intent to revoke the refusal.
248	248	(d) Except as otherwise provided in Section 692A.008(h), in
249	249	the absence of an express, contrary indication by the individual
250	250	set forth in the refusal, an individual's unrevoked refusal to make
251	251	an anatomical gift of the individual's body or part bars all other
252	252	persons from making an anatomical gift of the individual's body or
253	253	part.
254	254	Sec. 692A.008. PRECLUSIVE EFFECT OF ANATOMICAL GIFT,
255	255	AMENDMENT, OR REVOCATION. (a) Except as otherwise provided in
256	256	Subsection (g) and subject to Subsection (f), in the absence of an
257	257	express, contrary indication by the donor, a person other than the
258	258	donor is barred from making, amending, or revoking an anatomical
259	259	gift of a donor's body or part if the donor made an anatomical gift
260	260	of the donor's body or part under Section 692A.005 or an amendment
261	261	to an anatomical gift of the donor's body or part under Section
262	262	692A.006.
263	263	(b) A donor's revocation of an anatomical gift of the
264	264	donor's body or part under Section 692A.006 is not a refusal and
265	265	does not bar another person specified in Section 692A.004 or
266	266	Section 692A.009 from making an anatomical gift of the donor's body
267	267	or part under Section 692A.005 or Section 692A.010.
268	268	(c) If a person other than the donor makes an unrevoked
269	269	anatomical gift of the donor's body or part under Section 692A.005
270	270	or an amendment to an anatomical gift of the donor's body or part
271	271	under Section 692A.006, another person may not make, amend, or
272	272	revoke the gift of the donor's body or part under Section 692A.010.
273	273	(d) A revocation of an anatomical gift of a donor's body or
274	274	part under Section 692A.006 by a person other than the donor does
275	275	not bar another person from making an anatomical gift of the body or
276	276	part under Section 692A.005 or Section 692A.010.
277	277	(e) In the absence of an express, contrary indication by the
278	278	donor or other person authorized to make an anatomical gift under
279	279	Section 692A.004, an anatomical gift of a part is neither a refusal
280	280	to give another part nor a limitation on the making of an anatomical
281	281	gift of another part at a later time by the donor or another person.
282	282	(f) In the absence of an express, contrary indication by the
283	283	donor or other person authorized to make an anatomical gift under
284	284	Section 692A.004, an anatomical gift of a part for one or more of
285	285	the purposes set forth in Section 692A.004 is not a limitation on
286	286	the making of an anatomical gift of the part for any of the other
287	287	purposes by the donor or any other person under Section 692A.005 or
288	288	Section 692A.010.
289	289	(g) If a donor who is an unemancipated minor dies, a parent
290	290	of the donor who is reasonably available may revoke or amend an
291	291	anatomical gift of the donor's body or part.
292	292	(h) If an unemancipated minor who signed a refusal dies, a
293	293	parent of the minor who is reasonably available may revoke the
294	294	minor's refusal.
295	295	Sec. 692A.009. WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S
296	296	BODY OR PART. (a) Subject to Subsections (b) and (c) and unless
297	297	barred by Section 692A.007 or Section 692A.008, an anatomical gift
298	298	of a decedent's body or part for the purpose of transplantation,
299	299	therapy, research, or education may be made by any member of the
300	300	following classes of persons who is reasonably available, in the
301	301	order of priority listed:
302	302	(1) an agent of the decedent at the time of death who
303	303	could have made an anatomical gift under Section 692A.004(2)
304	304	immediately before the decedent's death;
305	305	(2) the spouse of the decedent;
306	306	(3) adult children of the decedent;
307	307	(4) parents of the decedent;
308	308	(5) adult siblings of the decedent;
309	309	(6) adult grandchildren of the decedent;
310	310	(7) grandparents of the decedent;
311	311	(8) an adult who exhibited special care and concern
312	312	for the decedent;
313	313	(9) the persons who were acting as the guardians of the
314	314	person of the decedent at the time of death;
315	315	(10) the hospital administrator; and
316	316	(11) any other person having the authority to dispose
317	317	of the decedent's body.
318	318	(b) If there is more than one member of a class listed in
319	319	Subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make
320	320	an anatomical gift, an anatomical gift may be made by a member of
321	321	the class unless that member or a person to which the gift may pass
322	322	under Section 692A.011 knows of an objection by another member of
323	323	the class. If an objection is known, the gift may be made only by a
324	324	majority of the members of the class who are reasonably available.
325	325	(c) A person may not make an anatomical gift if, at the time
326	326	of the decedent's death, a person in a prior class under Subsection
327	327	(a) is reasonably available to make or to object to the making of an
328	328	anatomical gift.
329	329	Sec. 692A.010. MANNER OF MAKING, AMENDING, OR REVOKING
330	330	ANATOMICAL GIFT OF DECEDENT'S BODY OR PART. (a) A person
331	331	authorized to make an anatomical gift under Section 692A.009 may
332	332	make an anatomical gift by a document of gift signed by the person
333	333	making the gift or by that person's oral communication that is
334	334	electronically recorded or is contemporaneously reduced to a record
335	335	and signed by the individual receiving the oral communication.
336	336	(b) Subject to Subsection (c), an anatomical gift by a
337	337	person authorized under Section 692A.009 may be amended or revoked
338	338	orally or in a record by any member of a prior class who is
339	339	reasonably available. If more than one member of the prior class is
340	340	reasonably available, the gift made by a person authorized under
341	341	Section 692A.009 may be:
342	342	(1) amended only if a majority of the reasonably
343	343	available members agree to the amending of the gift; or
344	344	(2) revoked only if a majority of the reasonably
345	345	available members agree to the revoking of the gift or if they are
346	346	equally divided as to whether to revoke the gift.
347	347	(c) A revocation under Subsection (b) is effective only if,
348	348	before an incision has been made to remove a part from the donor's
349	349	body or before the initiation of invasive procedures to prepare the
350	350	recipient, the procurement organization, transplant hospital, or
351	351	physician or technician knows of the revocation.
352	352	Sec. 692A.011. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT;
353	353	PURPOSE OF ANATOMICAL GIFT. (a) An anatomical gift may be made to
354	354	the following persons named in the document of gift:
355	355	(1) a hospital, an accredited medical school, dental
356	356	school, college, or university, an organ procurement organization,
357	357	or another appropriate person for research or education;
358	358	(2) subject to Subsection (b), an individual
359	359	designated by the person making the anatomical gift if the
360	360	individual is the recipient of the part;
361	361	(3) an eye bank or tissue bank; or
362	362	(4) the Anatomical Board of the State of Texas.
363	363	(b) If an anatomical gift to an individual under Subsection
364	364	(a)(2) cannot be transplanted into the individual, the part passes
365	365	in accordance with Subsection (g) in the absence of an express,
366	366	contrary indication by the person making the anatomical gift.
367	367	(c) If an anatomical gift of one or more specific parts or of
368	368	all parts is made in a document of gift that does not name a person
369	369	described in Subsection (a) but identifies the purpose for which an
370	370	anatomical gift may be used, the following rules apply:
371	371	(1) if the part is an eye and the gift is for the
372	372	purpose of transplantation or therapy, the gift passes to the
373	373	appropriate eye bank;
374	374	(2) if the part is tissue and the gift is for the
375	375	purpose of transplantation or therapy, the gift passes to the
376	376	appropriate tissue bank;
377	377	(3) if the part is an organ and the gift is for the
378	378	purpose of transplantation or therapy, the gift passes to the
379	379	appropriate organ procurement organization as custodian of the
380	380	organ; and
381	381	(4) if the part is an organ, an eye, or tissue and the
382	382	gift is for the purpose of research or education, the gift passes to
383	383	the appropriate procurement organization.
384	384	(d) For the purpose of Subsection (c), if there is more than
385	385	one purpose of an anatomical gift set forth in the document of gift
386	386	but the purposes are not set forth in any priority, the gift must be
387	387	used for transplantation or therapy, if suitable. If the gift
388	388	cannot be used for transplantation or therapy, the gift may be used
389	389	for research or education.
390	390	(e) If an anatomical gift of one or more specific parts is
391	391	made in a document of gift that does not name a person described in
392	392	Subsection (a) and does not identify the purpose of the gift, the
393	393	gift may be used only for transplantation or therapy, and the gift
394	394	passes in accordance with Subsection (g).
395	395	(f) If a document of gift specifies only a general intent to
396	396	make an anatomical gift by words such as "donor," "organ donor," or
397	397	"body donor," or by a symbol or statement of similar import, the
398	398	gift may be used only for transplantation or therapy, and the gift
399	399	passes in accordance with Subsection (g).
400	400	(g) For purposes of Subsections (b), (e), and (f), the
401	401	following rules apply:
402	402	(1) if the part is an eye, the gift passes to the
403	403	appropriate eye bank;
404	404	(2) if the part is tissue, the gift passes to the
405	405	appropriate tissue bank; and
406	406	(3) if the part is an organ, the gift passes to the
407	407	appropriate organ procurement organization as custodian of the
408	408	organ.
409	409	(h) An anatomical gift of an organ for transplantation or
410	410	therapy, other than an anatomical gift under Subsection (a)(2),
411	411	passes to the organ procurement organization as custodian of the
412	412	organ.
413	413	(i) If an anatomical gift does not pass pursuant to
414	414	Subsections (a) through (h) or the decedent's body or part is not
415	415	used for transplantation, therapy, research, or education, custody
416	416	of the body or part passes to the person under obligation to dispose
417	417	of the body or part.
418	418	(j) A person may not accept an anatomical gift if the person
419	419	knows that the gift was not effectively made under Section 692A.005
420	420	or Section 692A.010 or if the person knows that the decedent made a
421	421	refusal under Section 692A.007 that was not revoked. For purposes
422	422	of this subsection, if a person knows that an anatomical gift was
423	423	made on a document of gift, the person is deemed to know of any
424	424	amendment or revocation of the gift or any refusal to make an
425	425	anatomical gift on the same document of gift.
426	426	(k) Except as otherwise provided in Subsection (a)(2),
427	427	nothing in this chapter affects the allocation of organs for
428	428	transplantation or therapy.
429	429	Sec. 692A.012. SEARCH AND NOTIFICATION. The donor card of a
430	430	person who is involved in an accident or other trauma shall
431	431	accompany the person to the hospital or other health care facility.
432	432	The driver's license or personal identification certificate
433	433	indicating an affirmative statement of gift of a person who is
434	434	involved in an accident or other trauma shall accompany the person
435	435	to the hospital or health care facility if the person does not have
436	436	a donor card.
437	437	Sec. 692A.013. DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED;
438	438	RIGHT TO EXAMINE. (a) A document of gift need not be delivered
439	439	during the donor's lifetime to be effective.
440	440	(b) On or after an individual's death, a person in
441	441	possession of a document of gift or a refusal to make an anatomical
442	442	gift with respect to the individual shall allow examination and
443	443	copying of the document of gift or refusal by a person authorized to
444	444	make or object to the making of an anatomical gift with respect to
445	445	the individual or by a person to which the gift could pass under
446	446	Section 692A.011.
447	447	Sec. 692A.014. RIGHTS AND DUTIES OF PROCUREMENT
448	448	ORGANIZATION AND OTHERS. (a) When a hospital refers an individual
449	449	at or near death to a procurement organization, the organization
450	450	shall make a reasonable search of the records of the Department of
451	451	Public Safety and any donor registry that it knows exists for the
452	452	geographical area in which the individual resides to ascertain
453	453	whether the individual has made an anatomical gift.
454	454	(b) A procurement organization must be allowed reasonable
455	455	access to information in the records of the Department of Public
456	456	Safety to ascertain whether an individual at or near death is a
457	457	donor.
458	458	(c) When a hospital refers an individual at or near death to
459	459	a procurement organization, the organization may conduct any
460	460	reasonable examination necessary to ensure the medical suitability
461	461	of a part that is or could be the subject of an anatomical gift for
462	462	transplantation, therapy, research, or education from a donor or a
463	463	prospective donor. During the examination period, measures
464	464	necessary to ensure the medical suitability of the part may not be
465	465	withdrawn unless the hospital or procurement organization knows
466	466	that the individual expressed a contrary intent.
467	467	(d) Unless prohibited by law other than this chapter, at any
468	468	time after a donor's death, the person to which a part passes under
469	469	Section 692A.011 may conduct any reasonable examination necessary
470	470	to ensure the medical suitability of the body or part for its
471	471	intended purpose.
472	472	(e) Unless prohibited by law other than this chapter, an
473	473	examination under Subsection (c) or (d) may include an examination
474	474	of all medical and dental records of the donor or prospective donor.
475	475	(f) On the death of a minor who was a donor or had signed a
476	476	refusal, unless a procurement organization knows the minor is
477	477	emancipated, the procurement organization shall conduct a
478	478	reasonable search for the parents of the minor and provide the
479	479	parents with an opportunity to revoke or amend the anatomical gift
480	480	or revoke the refusal.
481	481	(g) On referral by a hospital under Subsection (a), a
482	482	procurement organization shall make a reasonable search for any
483	483	person listed in Section 692A.009 having priority to make an
484	484	anatomical gift on behalf of a prospective donor. If a procurement
485	485	organization receives information that an anatomical gift to any
486	486	other person was made, amended, or revoked, it shall promptly
487	487	advise the other person of all relevant information.
488	488	(h) Subject to Sections 692A.011(i) and 693.002, the rights
489	489	of the person to which a part passes under Section 692A.011 are
490	490	superior to the rights of all others with respect to the part. The
491	491	person may accept or reject an anatomical gift wholly or partly.
492	492	Subject to the terms of the document of gift and this chapter, a
493	493	person that accepts an anatomical gift of an entire body may allow
494	494	embalming, burial, or cremation, and use of remains in a funeral
495	495	service. If the gift is of a part, the person to which the part
496	496	passes under Section 692A.011, on the death of the donor and before
497	497	embalming, burial, or cremation, shall cause the part to be removed
498	498	without unnecessary mutilation.
499	499	(i) The physician who attends the decedent at death or the
500	500	physician who determines the time of the decedent's death may not
501	501	participate in the procedures for removing or transplanting a part
502	502	from the decedent.
503	503	(j) A physician or technician may remove a donated part from
504	504	the body of a donor that the physician or technician is qualified to
505	505	remove.
506	506	Sec. 692A.015. COORDINATION OF PROCUREMENT AND USE;
507	507	HOSPITAL PROCEDURES. Each hospital in this state shall enter into
508	508	agreements or affiliations with procurement organizations for
509	509	coordination of procurement and use of anatomical gifts. Each
510	510	hospital must have a protocol that ensures its maintenance of an
511	511	effective donation system in order to maximize organ, tissue, and
512	512	eye donation. The protocol must:
513	513	(1) be available to the public during the hospital's
514	514	normal business hours;
515	515	(2) establish a procedure for the timely notification
516	516	to an organ procurement organization of individuals whose death is
517	517	imminent or who have died in the hospital;
518	518	(3) establish procedures to ensure potential donors
519	519	are declared dead by an appropriate practitioner in an acceptable
520	520	time frame;
521	521	(4) establish procedures to ensure that hospital staff
522	522	and organ procurement organization staff maintain appropriate
523	523	medical treatment of potential donors while necessary testing and
524	524	placement of potential donated organs, tissues, and eyes take
525	525	place;
526	526	(5) ensure that all families are provided the
527	527	opportunity to donate organs, tissues, and eyes, including vascular
528	528	organs procured from asystolic donors;
529	529	(6) provide that the hospital use appropriately
530	530	trained persons from an organ procurement organization, tissue
531	531	bank, or eye bank to make inquiries relating to donations;
532	532	(7) provide for documentation of the inquiry and of
533	533	its disposition in the decedent's medical records;
534	534	(8) require an organ procurement organization, tissue
535	535	bank, or eye bank that makes inquiries relating to donations to
536	536	develop a protocol for making those inquiries;
537	537	(9) encourage sensitivity to families' beliefs and
538	538	circumstances in all discussions relating to the donations;
539	539	(10) provide that the organ procurement organization
540	540	determines medical suitability for organ donation and, in the
541	541	absence of alternative arrangements by the hospital, the organ
542	542	procurement organization determines medical suitability for tissue
543	543	and eye donation, using the definition of potential tissue and eye
544	544	donor and the notification protocol developed in consultation with
545	545	the tissue and eye banks identified by the hospital for this
546	546	purpose;
547	547	(11) ensure that the hospital works cooperatively with
548	548	the designated organ procurement organization, tissue bank, and eye
549	549	bank in educating staff on donation issues;
550	550	(12) ensure that the hospital works with the
551	551	designated organ procurement organization, tissue bank, and eye
552	552	bank in reviewing death records; and
553	553	(13) provide for monitoring of donation system
554	554	effectiveness, including rates of donation, protocols, and
555	555	policies, as part of the hospital's quality improvement program.
556	556	Sec. 692A.016. SALE OR PURCHASE OF PARTS PROHIBITED. (a)
557	557	Except as otherwise provided in Subsection (b), a person commits an
558	558	offense if the person for valuable consideration knowingly
559	559	purchases or sells a part for transplantation or therapy if removal
560	560	of a part from an individual is intended to occur after the
561	561	individual's death. An offense under this subsection is a Class A
562	562	misdemeanor.
563	563	(b) A person may charge a reasonable amount for the removal,
564	564	processing, preservation, quality control, storage,
565	565	transportation, implantation, or disposal of a part.
566	566	(c) If conduct that constitutes an offense under this
567	567	section also constitutes an offense under other law, the actor may
568	568	be prosecuted under this section, the other law, or both this
569	569	section and the other law.
570	570	Sec. 692A.017. OTHER PROHIBITED ACTS. (a) A person
571	571	commits an offense if the person, in order to obtain a financial
572	572	gain, intentionally falsifies, forges, conceals, defaces, or
573	573	obliterates a document of gift, an amendment or revocation of a
574	574	document of gift, or a refusal. An offense under this section is a
575	575	Class A misdemeanor.
576	576	(b) If conduct that constitutes an offense under this
577	577	section also constitutes an offense under other law, the actor may
578	578	be prosecuted under this section, the other law, or both this
579	579	section and the other law.
580	580	Sec. 692A.018. IMMUNITY. (a) A person who acts in good
581	581	faith in accordance with this chapter is not liable for civil
582	582	damages or subject to criminal prosecution for the person's action
583	583	if the prerequisites for an anatomical gift are met under the laws
584	584	applicable at the time and place the gift is made.
585	585	(b) A person that acts in accordance with this chapter or
586	586	with the applicable anatomical gift law of another state, or
587	587	attempts in good faith to do so, is not liable for the act in a civil
588	588	action, criminal prosecution, or administrative proceeding.
589	589	(c) A person who acts in good faith in accordance with this
590	590	chapter is not liable as a result of the action except in the case of
591	591	an act or omission of the person that is intentional, wilfully or
592	592	wantonly negligent, or done with conscious indifference or reckless
593	593	disregard. For purposes of this subsection, "good faith" in
594	594	determining the appropriate person authorized to make a donation
595	595	under Section 692A.009 means making a reasonable effort to locate
596	596	and contact the member or members of the highest priority class who
597	597	are reasonably available at or near the time of death.
598	598	(d) Neither a person making an anatomical gift nor the
599	599	donor's estate is liable for any injury or damage that results from
600	600	the making or use of the gift.
601	601	(e) In determining whether an anatomical gift has been made,
602	602	amended, or revoked under this chapter, a person may rely on
603	603	representations of an individual listed in Section 692A.009(a)(2),
604	604	(3), (4), (5), (6), (7), or (8) relating to the individual's
605	605	relationship to the donor or prospective donor unless the person
606	606	knows that the representation is untrue.
607	607	Sec. 692A.019. LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO
608	608	EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY. (a) A
609	609	document of gift is valid if executed in accordance with:
610	610	(1) this chapter;
611	611	(2) the laws of the state or country where it was
612	612	executed; or
613	613	(3) the laws of the state or country where the person
614	614	making the anatomical gift was domiciled, had a place of residence,
615	615	or was a national at the time the document of gift was executed.
616	616	(b) If a document of gift is valid under this section, the
617	617	law of this state governs the interpretation of the document of
618	618	gift.
619	619	(c) A person may presume that a document of gift or
620	620	amendment of an anatomical gift is valid unless that person knows
621	621	that it was not validly executed or was revoked.
622	622	Sec. 692A.020. GLENDA DAWSON DONATE LIFE-TEXAS REGISTRY;
623	623	EDUCATION PROGRAM. (a) In this section, "registry program" means
624	624	the donor education, awareness, and registry program established
625	625	under this section and known as the Glenda Dawson Donate Life-Texas
626	626	Registry.
627	627	(b) Any program or component of a program that the
628	628	department develops under this chapter shall be known as the Glenda
629	629	Dawson Donate Life-Texas Registry.
630	630	(c) The department shall affiliate with an entity, such as a
631	631	national or state association concerned with organ donation, to
632	632	promote the registry program in accordance with this section.
633	633	(d) In consultation with the Department of Public Safety and
634	634	organ procurement organizations, the department shall establish
635	635	the Glenda Dawson Donate Life-Texas Registry.
636	636	(e) The department shall enter into an agreement with an
637	637	organization selected by the commissioner under a competitive
638	638	proposal process for the establishment and maintenance of a
639	639	statewide Internet-based registry of organ, tissue, and eye donors.
640	640	Contingent on the continued availability of appropriations under
641	641	Subsection (k), the term of the initial agreement is two years and
642	642	may be renewed for two-year terms thereafter unless terminated in a
643	643	written notice to the other party by the department or organization
644	644	not later than the 180th day before the last day of a term.
645	645	(f) The Department of Public Safety at least monthly shall
646	646	electronically transfer to the organization selected by the
647	647	commissioner as provided by Subsection (e) the name, date of birth,
648	648	driver's license number, most recent address, and any other
649	649	relevant information in the possession of the Department of Public
650	650	Safety for any person who indicates on the person's driver's license
651	651	application under Section 521.401, Transportation Code, that the
652	652	person would like to make an anatomical gift and consents in writing
653	653	to the release of the information by the Department of Public Safety
654	654	to the organization for inclusion in the Internet-based registry.
655	655	(g) The contract between the department and the
656	656	organization selected by the commissioner as provided by Subsection
657	657	(e) must require the organization to:
658	658	(1) make information obtained from the Department of
659	659	Public Safety under Subsection (f) available to procurement
660	660	organizations;
661	661	(2) allow potential donors to submit information in
662	662	writing directly to the organization for inclusion in the
663	663	Internet-based registry;
664	664	(3) maintain the Internet-based registry in a manner
665	665	that allows procurement organizations to immediately access organ,
666	666	tissue, and eye donation information 24 hours a day, seven days a
667	667	week through electronic and telephonic methods; and
668	668	(4) protect the confidentiality and privacy of the
669	669	individuals providing information to the Internet-based registry,
670	670	regardless of the manner in which the information is provided.
671	671	(h) Except as otherwise provided by Subsection (g)(3) or
672	672	this subsection, the Department of Public Safety, the organization
673	673	selected by the commissioner under Subsection (e), or a procurement
674	674	organization may not sell, rent, or otherwise share any information
675	675	provided to the Internet-based registry. A procurement
676	676	organization may share any information provided to the registry
677	677	with an organ procurement organization or a health care provider or
678	678	facility providing medical care to a potential donor as necessary
679	679	to properly identify an individual at the time of donation.
680	680	(i) The Department of Public Safety, the organization
681	681	selected by the commissioner under Subsection (e), or the
682	682	procurement organizations may not use any demographic or specific
683	683	data provided to the Internet-based registry for any fund-raising
684	684	activities. Data may only be transmitted from the selected
685	685	organization to procurement organizations through electronic and
686	686	telephonic methods using secure, encrypted technology to preserve
687	687	the integrity of the data and the privacy of the individuals
688	688	providing information.
689	689	(j) In each office authorized to issue driver's licenses or
690	690	personal identification certificates, the Department of Public
691	691	Safety shall make available educational materials developed by the
692	692	Texas Organ, Tissue, and Eye Donor Council established under
693	693	Chapter 113, as added by Chapter 1186, Acts of the 79th Legislature,
694	694	Regular Session, 2005.
695	695	(k) The Department of Public Safety shall remit to the
696	696	comptroller the money collected under Sections 521.421(g) and
697	697	521.422(c), Transportation Code, as provided by those subsections.
698	698	A county assessor-collector shall remit to the comptroller any
699	699	money collected under Section 502.1745, Transportation Code, as
700	700	provided by that section. Money remitted to the comptroller in
701	701	accordance with those sections that is appropriated to the
702	702	department must be spent in accordance with the priorities
703	703	established by the department in consultation with the Texas Organ,
704	704	Tissue, and Eye Donor Council to pay the costs of:
705	705	(1) maintaining, operating, and updating the
706	706	Internet-based registry and establishing procedures for an
707	707	individual to be added to the registry; and
708	708	(2) designing and distributing educational materials
709	709	for prospective donors as required under this section.
710	710	(l) Any additional money over the amount necessary to
711	711	accomplish the purposes of Subsections (k)(1) and (2) may be used by
712	712	the department to provide education under this chapter or may be
713	713	awarded using a competitive grant process to organizations to
714	714	conduct organ, eye, and tissue donation education activities in
715	715	this state. A member of the Texas Organ, Tissue, and Eye Donor
716	716	Council may not receive a grant under this subsection.
717	717	(m) The department shall require the organization selected
718	718	under Subsection (e) to submit an annual written report to the
719	719	department that includes:
720	720	(1) the number of donors listed on the Internet-based
721	721	registry;
722	722	(2) changes in the number of donors listed on the
723	723	registry; and
724	724	(3) the demographic characteristics of listed donors,
725	725	to the extent the characteristics may be determined from
726	726	information provided on donor registry forms submitted by donors to
727	727	the organization.
728	728	(n) To the extent funds are available and as part of the
729	729	donor registry program, the department shall educate residents
730	730	about anatomical gifts. The program shall include information
731	731	about:
732	732	(1) the laws governing anatomical gifts, including
733	733	Subchapter Q, Chapter 521, Transportation Code, Chapter 693, and
734	734	this chapter;
735	735	(2) the procedures for becoming an organ, eye, or
736	736	tissue donor or donee; and
737	737	(3) the benefits of organ, eye, or tissue donation.
738	738	(o) In developing the registry program, the department in
739	739	consultation with the Texas Organ, Tissue, and Eye Donor Council
740	740	shall solicit broad-based input reflecting recommendations of all
741	741	interested groups, including representatives of patients,
742	742	providers, ethnic groups, and geographic regions.
743	743	(p) In consultation with the Texas Organ, Tissue, and Eye
744	744	Donor Council, the department may implement a training program for
745	745	all appropriate Department of Public Safety and Texas Department of
746	746	Transportation employees on the benefits of organ, tissue, and eye
747	747	donation and the procedures for individuals to be added to the
748	748	Internet-based registry. The department shall implement the
749	749	training program before the date that the registry is operational
750	750	and shall conduct the training on an ongoing basis for new
751	751	employees.
752	752	(q) The department shall develop a program to educate health
753	753	care providers and attorneys in this state about anatomical gifts.
754	754	(r) The department through the program shall encourage
755	755	attorneys to provide organ donation information to clients seeking
756	756	advice for end-of-life decisions.
757	757	(s) The department shall encourage medical and nursing
758	758	schools in this state to include mandatory organ donation education
759	759	in the schools' curricula.
760	760	(t) The department shall encourage medical schools in this
761	761	state to require a physician in a neurology or neurosurgery
762	762	residency program to complete an advanced course in organ donation
763	763	education.
764	764	Sec. 692A.021. EFFECT OF ANATOMICAL GIFT ON ADVANCE
765	765	DIRECTIVE. (a) In this section:
766	766	(1) "Advance directive" means a medical power of
767	767	attorney or a record signed or authorized by a prospective donor
768	768	containing the prospective donor's direction concerning a
769	769	health-care decision for the prospective donor.
770	770	(2) "Declaration" means a record signed by a
771	771	prospective donor specifying the circumstances under which a life
772	772	support system may be withheld or withdrawn from the prospective
773	773	donor.
774	774	(3) "Health-care decision" means any decision made
775	775	regarding the health care of the prospective donor.
776	776	(b) If a prospective donor has a declaration or advance
777	777	directive and the terms of the declaration or directive and the
778	778	express or implied terms of a potential anatomical gift are in
779	779	conflict with regard to the administration of measures necessary to
780	780	ensure the medical suitability of a part for transplantation or
781	781	therapy, the prospective donor's attending physician and
782	782	prospective donor shall confer to resolve the conflict. If the
783	783	prospective donor is incapable of resolving the conflict, an agent
784	784	acting under the prospective donor's declaration or directive, or,
785	785	if the agent is not reasonably available, another person authorized
786	786	by law other than this chapter to make health-care decisions on
787	787	behalf of the prospective donor, shall act on the prospective
788	788	donor's behalf to resolve the conflict. The conflict must be
789	789	resolved as expeditiously as possible. Information relevant to the
790	790	resolution of the conflict may be obtained from the appropriate
791	791	procurement organization and any other person authorized to make an
792	792	anatomical gift for the prospective donor under Section 692A.009.
793	793	Before resolution of the conflict, measures necessary to ensure the
794	794	medical suitability of the part may not be withheld or withdrawn
795	795	from the prospective donor.
796	796	(c) If the conflict cannot be resolved, an expedited review
797	797	of the matter must be initiated by an ethics or medical committee of
798	798	the appropriate health care facility.
799	799	Sec. 692A.022. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
800	800	In applying and construing this chapter, consideration must be
801	801	given to the need to promote uniformity of the law with respect to
802	802	the subject matter of this chapter among states that enact a law
803	803	substantially similar to this chapter.
804	804	Sec. 692A.023. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
805	805	AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
806	806	supersedes the provisions of the Electronic Signatures in Global
807	807	and National Commerce Act (15 U.S.C. Section 7001 et seq.), but does
808	808	not modify, limit, or supersede Section 101(a) of that Act (15
809	809	U.S.C. Section 7001(a)), or authorize electronic delivery of any of
810	810	the notices described in Section 103 of that Act (15 U.S.C. Section
811	811	7003(b)).
812	812	SECTION 2. Section 241.153, Health and Safety Code, is
813	813	amended to read as follows:
814	814	Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
815	815	patient's health care information may be disclosed without the
816	816	patient's authorization if the disclosure is:
817	817	(1) directory information, unless the patient has
818	818	instructed the hospital not to make the disclosure or the directory
819	819	information is otherwise protected by state or federal law;
820	820	(2) to a health care provider who is rendering health
821	821	care to the patient when the request for the disclosure is made;
822	822	(3) to a transporting emergency medical services
823	823	provider for the purpose of:
824	824	(A) treatment or payment, as those terms are
825	825	defined by the regulations adopted under the Health Insurance
826	826	Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
827	827	or
828	828	(B) the following health care operations
829	829	described by the regulations adopted under the Health Insurance
830	830	Portability and Accountability Act of 1996 (Pub. L. No. 104-191):
831	831	(i) quality assessment and improvement
832	832	activities;
833	833	(ii) specified insurance functions;
834	834	(iii) conducting or arranging for medical
835	835	reviews; or
836	836	(iv) competency assurance activities;
837	837	(4) to a member of the clergy specifically designated
838	838	by the patient;
839	839	(5) to a [qualified organ or tissue] procurement
840	840	organization as defined in Section 692A.002 [692.002] for the
841	841	purpose of making inquiries relating to donations according to the
842	842	protocol referred to in Section 692A.015 [692.013(d)];
843	843	(6) to a prospective health care provider for the
844	844	purpose of securing the services of that health care provider as
845	845	part of the patient's continuum of care, as determined by the
846	846	patient's attending physician;
847	847	(7) to a person authorized to consent to medical
848	848	treatment under Chapter 313 or to a person in a circumstance
849	849	exempted from Chapter 313 to facilitate the adequate provision of
850	850	treatment;
851	851	(8) to an employee or agent of the hospital who
852	852	requires health care information for health care education, quality
853	853	assurance, or peer review or for assisting the hospital in the
854	854	delivery of health care or in complying with statutory, licensing,
855	855	accreditation, or certification requirements and if the hospital
856	856	takes appropriate action to ensure that the employee or agent:
857	857	(A) will not use or disclose the health care
858	858	information for any other purpose; and
859	859	(B) will take appropriate steps to protect the
860	860	health care information;
861	861	(9) to a federal, state, or local government agency or
862	862	authority to the extent authorized or required by law;
863	863	(10) to a hospital that is the successor in interest to
864	864	the hospital maintaining the health care information;
865	865	(11) to the American Red Cross for the specific
866	866	purpose of fulfilling the duties specified under its charter
867	867	granted as an instrumentality of the United States government;
868	868	(12) to a regional poison control center, as the term
869	869	is used in Chapter 777, to the extent necessary to enable the center
870	870	to provide information and education to health professionals
871	871	involved in the management of poison and overdose victims,
872	872	including information regarding appropriate therapeutic use of
873	873	medications, their compatibility and stability, and adverse drug
874	874	reactions and interactions;
875	875	(13) to a health care utilization review agent who
876	876	requires the health care information for utilization review of
877	877	health care under Chapter 4201 [Article 21.58A], Insurance Code;
878	878	(14) for use in a research project authorized by an
879	879	institutional review board under federal law;
880	880	(15) to health care personnel of a penal or other
881	881	custodial institution in which the patient is detained if the
882	882	disclosure is for the sole purpose of providing health care to the
883	883	patient;
884	884	(16) to facilitate reimbursement to a hospital, other
885	885	health care provider, or the patient for medical services or
886	886	supplies;
887	887	(17) to a health maintenance organization for purposes
888	888	of maintaining a statistical reporting system as required by a rule
889	889	adopted by a state agency or regulations adopted under the federal
890	890	Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
891	891	Section 300e et seq.);
892	892	(18) to satisfy a request for medical records of a
893	893	deceased or incompetent person pursuant to Section 74.051(e), Civil
894	894	Practice and Remedies Code;
895	895	(19) to comply with a court order except as provided by
896	896	Subdivision (20); or
897	897	(20) related to a judicial proceeding in which the
898	898	patient is a party and the disclosure is requested under a subpoena
899	899	issued under:
900	900	(A) the Texas Rules of Civil Procedure or Code of
901	901	Criminal Procedure; or
902	902	(B) Chapter 121, Civil Practice and Remedies
903	903	Code.
904	904	SECTION 3. Section 691.030(d), Health and Safety Code, is
905	905	amended to read as follows:
906	906	(d) The board may transport a body or anatomical specimen to
907	907	an authorized recipient in another state if the board determines
908	908	that the supply of bodies or anatomical specimens in this state
909	909	exceeds the need for bodies or anatomical specimens in this state
910	910	and if:
911	911	(1) the deceased donated his body in compliance with
912	912	Section 691.028 and at the time of the donation authorized the board
913	913	to transport the body outside this state; or
914	914	(2) the body was donated in compliance with Chapter
915	915	692A [692 (Texas Anatomical Gift Act)] and the person authorized to
916	916	make the donation under Section 692A.009 [692.004] authorized the
917	917	board to transport the body outside this state.
918	918	SECTION 4. Sections 693.002(a)(1), (2), and (4), Health and
919	919	Safety Code, are amended to read as follows:
920	920	(1) On a request from an [a qualified] organ
921	921	procurement organization, as defined by [in] Section 692A.002
922	922	[692.002], the medical examiner, justice of the peace, county
923	923	judge, or physician designated by the justice of the peace or county
924	924	judge may permit the removal of organs from a decedent who died
925	925	under circumstances requiring an inquest by the medical examiner,
926	926	justice of the peace, or county judge if consent is obtained
927	927	pursuant to Sections 692A.005 through 692A.010 or Section 693.003.
928	928	(2) If no autopsy is required, the organs to be
929	929	transplanted shall be released in a timely manner to the
930	930	[qualified] organ procurement organization, as defined by [in]
931	931	Section 692A.002 [692.002], for removal and transplantation.
932	932	(4) If the medical examiner is considering withholding
933	933	one or more organs of a potential donor for any reason, the medical
934	934	examiner shall be present during the removal of the organs. In such
935	935	case, the medical examiner may request a biopsy of those organs or
936	936	deny removal of the anatomical gift. If the medical examiner denies
937	937	removal of the anatomical gift, the medical examiner shall explain
938	938	in writing the reasons for the denial. The medical examiner shall
939	939	provide the explanation to:
940	940	(A) the [qualified] organ procurement
941	941	organization; and
942	942	(B) any person listed in Section 692A.009
943	943	[693.004] who consented to the removal.
944	944	SECTION 5. Section 693.002(b), Health and Safety Code, is
945	945	amended to read as follows:
946	946	(b) On a request from a [qualified] tissue bank [procurement
947	947	organization], as defined by [in] Section 692A.002 [692.002], the
948	948	medical examiner may permit the removal of tissue believed to be
949	949	clinically usable for transplants or other therapy or treatment
950	950	from a decedent who died under circumstances requiring an inquest
951	951	if consent is obtained pursuant to Sections 692A.005 through
952	952	692A.010 or Section 693.003 or, if consent is not required by those
953	953	sections [that section], no objection by a person listed in Section
954	954	692A.009 [693.004] is known by the medical examiner. If the medical
955	955	examiner denies removal of the tissue, the medical examiner shall
956	956	explain in writing the reasons for the denial. The medical examiner
957	957	shall provide the explanation to:
958	958	(1) the [qualified] tissue bank [procurement
959	959	organization]; and
960	960	(2) the person listed in Section 692A.009 [693.004]
961	961	who consented to the removal.
962	962	SECTION 6. Section 693.003, Health and Safety Code, is
963	963	amended to read as follows:
964	964	Sec. 693.003. CONSENT NOT REQUIRED IN CERTAIN
965	965	CIRCUMSTANCES. [(a) A medical examiner or a person acting on the
966	966	authority of a medical examiner may not remove a visceral organ
967	967	unless the medical examiner or person obtains the consent of a
968	968	person listed in Section 693.004.
969	969	[(b) If a person listed in Section 693.004 is known and
970	970	available within four hours after death is pronounced, a medical
971	971	examiner or a person acting on the authority of a medical examiner
972	972	may not remove a nonvisceral organ or tissue unless the medical
973	973	examiner or person obtains that person's consent.
974	974	[(c)] If a person listed in Section 692A.009 [693.004]
975	975	cannot be identified and contacted within four hours after death is
976	976	pronounced and the county court [medical examiner] determines that
977	977	no reasonable likelihood exists that a person can be identified and
978	978	contacted during the four-hour period, the county court [medical
979	979	examiner] may permit the removal of a nonvisceral organ or tissue.
980	980	SECTION 7. Section 693.005, Health and Safety Code, is
981	981	amended to read as follows:
982	982	Sec. 693.005. IMMUNITY FROM DAMAGES IN CIVIL ACTION. In a
983	983	civil action brought by a person listed in Section 692A.009
984	984	[693.004] who did not object before the removal of tissue or a body
985	985	part specified by Section 693.002, a medical examiner, justice of
986	986	the peace, county judge, medical facility, physician acting on
987	987	permission of a medical examiner, justice of the peace, or county
988	988	judge, or person assisting a physician is not liable for damages on
989	989	a theory of civil recovery based on a contention that the
990	990	plaintiff's consent was required before the body part or tissue
991	991	could be removed.
992	992	SECTION 8. Section 693.006, Health and Safety Code, is
993	993	amended to read as follows:
994	994	Sec. 693.006. REMOVAL OF CORNEAL TISSUE. On a request from
995	995	an eye bank, as defined in Section 692A.002 [692.002], the medical
996	996	examiner, justice of the peace, county judge, or physician
997	997	designated by the justice of the peace or county judge may permit
998	998	the removal of corneal tissue subject to the same provisions that
999	999	apply to removal of a visceral organ on the request of a [an organ]
1000	1000	procurement organization under this subchapter. The provisions of
1001	1001	Chapter 692A [this subchapter] relating to immunity and consent
1002	1002	apply to the removal of the corneal tissue.
1003	1003	SECTION 9. Sections 521.401(b) and (c), Transportation
1004	1004	Code, are amended to read as follows:
1005	1005	(b) The statement of gift may be shown on a donor's driver's
1006	1006	license or personal identification certificate or by a card
1007	1007	designed to be carried by the donor to evidence the donor's
1008	1008	intentions with respect to organ, tissue, and eye donation. A donor
1009	1009	card signed by the donor shall be given effect as if executed
1010	1010	pursuant to Section 692A.005 [692.003(d)], Health and Safety Code.
1011	1011	(c) Donor cards shall be provided to the department by
1012	1012	[qualified] organ [or tissue] procurement organizations, tissue
1013	1013	banks, or eye banks, as those terms are defined in Section 692A.002
1014	1014	[692.002], Health and Safety Code, or by the Glenda Dawson Donate
1015	1015	Life-Texas [Donor Education, Awareness, and] Registry [Program of
1016	1016	Texas] established under Chapter 692A [49], Health and Safety Code.
1017	1017	The department shall:
1018	1018	(1) provide to each applicant for the issuance of an
1019	1019	original, renewal, corrected, or duplicate driver's license or
1020	1020	personal identification certificate who applies in person, by mail,
1021	1021	over the Internet, or by other electronic means:
1022	1022	(A) the opportunity to indicate on the person's
1023	1023	driver's license or personal identification certificate that the
1024	1024	person is willing to make an anatomical gift, in the event of death,
1025	1025	in accordance with Section 692A.005 [692.003], Health and Safety
1026	1026	Code; and
1027	1027	(B) an opportunity for the person to consent in
1028	1028	writing to the department's provision of the person's name, date of
1029	1029	birth, driver's license number, most recent address, and other
1030	1030	information needed for identification purposes at the time of
1031	1031	donation to the organization selected by the commissioner of state
1032	1032	health services under Section 692A.020 [Chapter 49], Health and
1033	1033	Safety Code, for inclusion in the statewide Internet-based registry
1034	1034	of organ, tissue, and eye donors and for release to procurement
1035	1035	[qualified organ, tissue, and eye bank] organizations; and
1036	1036	(2) provide a means to distribute donor cards to
1037	1037	interested individuals in each office authorized to issue driver's
1038	1038	licenses or personal identification certificates.
1039	1039	SECTION 10. Section 651.407(f), Occupations Code, is
1040	1040	amended to read as follows:
1041	1041	(f) This section does not apply to a dead human body
1042	1042	obtained by a school or college of mortuary science under Chapter
1043	1043	691 or 692A [692], Health and Safety Code.
1044	1044	SECTION 11. The following provisions are repealed:
1045	1045	(1) Chapter 49, Health and Safety Code;
1046	1046	(2) Chapter 692, Health and Safety Code;
1047	1047	(3) Section 693.004, Health and Safety Code;
1048	1048	(4) Section 521.403, Transportation Code; and
1049	1049	(5) Section 521.404, Transportation Code.
1050	1050	SECTION 12. Notwithstanding the repeal of Chapter 49,
1051	1051	Health and Safety Code, by this Act, the Glenda Dawson Donate
1052	1052	Life-Texas Registry described by that chapter is continued in
1053	1053	effect in accordance with Chapter 692A, Health and Safety Code, as
1054	1054	added by this Act.
1055	1055	SECTION 13. This Act takes effect September 1, 2009.