Texas 2013 - 83rd Regular

Texas House Bill HB1199 Compare Versions

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Old	New	Differences
1	1	83R22742 YDB-D
2	2	By: Taylor H.B. No. 1199
3	3	Substitute the following for H.B. No. 1199:
4	4	By: Pickett C.S.H.B. No. 1199
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of human remains for forensic science
10	10	education, including the training of search and rescue animals.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 691.0225, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 691.0225. INFORMATIONAL DOCUMENT. The board shall
15	15	develop a document to inform a person making a gift of a decedent's
16	16	body or anatomical specimen for purposes of education, including
17	17	forensic science education, or research of the risks and benefits
18	18	associated with donation. The board shall make the document
19	19	available on the board's Internet website.
20	20	SECTION 2. Section 691.023(a), Health and Safety Code, is
21	21	amended to read as follows:
22	22	(a) An officer, employee, or representative of the state, of
23	23	a political subdivision, or of an institution having charge or
24	24	control of a body not claimed for burial or a body required to be
25	25	buried at public expense shall:
26	26	(1) notify the board or the board's representative of
27	27	the body's existence when the body comes into the person's
28	28	possession, charge, or control if notified in writing to do so by
29	29	the board or the board's representative;
30	30	(2) deliver the body in accordance with the direction
31	31	of the board; and
32	32	(3) allow the board, the board's representative, or a
33	33	physician designated by the board who complies with this chapter to
34	34	remove the body to be used for the advancement of medical or
35	35	forensic science.
36	36	SECTION 3. Section 691.028(a), Health and Safety Code, is
37	37	amended to read as follows:
38	38	(a) An adult living in this state who is of sound mind may
39	39	donate the adult's [his] body by will or other written instrument to
40	40	the board, a medical or dental school, or another donee authorized
41	41	by the board, to be used for the advancement of medical or forensic
42	42	science.
43	43	SECTION 4. Section 691.030(a), Health and Safety Code, is
44	44	amended to read as follows:
45	45	(a) The board or the board's representative shall
46	46	distribute bodies donated to it and may redistribute bodies donated
47	47	to medical or dental schools or other donees authorized by the board
48	48	to schools and colleges of chiropractic, osteopathy, medicine, or
49	49	dentistry incorporated in this state, to a forensic science
50	50	program, to physicians, and to other persons as provided by this
51	51	section.
52	52	SECTION 5. Sections 691.033(a), (c), and (d), Health and
53	53	Safety Code, are amended to read as follows:
54	54	(a) To further medical or forensic science, a school,
55	55	college, or person designated by the board may use, dissect,
56	56	operate on, examine, and experiment on a body or anatomical
57	57	specimen distributed under this chapter.
58	58	(c) A law relating to the prevention of mutilation of a body
59	59	does not apply to the use of a body as authorized under this section
60	60	or a dissection, operation, examination, or experiment performed
61	61	under this section.
62	62	(d) To aid prosecutions under Section 42.08, Penal Code, the
63	63	board shall adopt rules that clearly state the activities that are
64	64	authorized by the board in relation to the use or dissection of a
65	65	body.
66	66	SECTION 6. Sections 691.034(c) and (d), Health and Safety
67	67	Code, are amended to read as follows:
68	68	(c) The board may suspend or revoke a person's or
69	69	institution's authorization to receive and use or dissect bodies or
70	70	anatomical specimens if the board determines that the person or
71	71	institution has improperly used a body or anatomical specimen.
72	72	(d) A person or institution is entitled to a hearing before
73	73	the board or a hearing examiner appointed by the board before the
74	74	board may revoke the person's or institution's authorization to
75	75	receive and use or dissect bodies or anatomical specimens. The
76	76	board shall make all final decisions to suspend or revoke an
77	77	authorization.
78	78	SECTION 7. Section 692A.002, Health and Safety Code, is
79	79	amended by adding Subdivision (11-a) to read as follows:
80	80	(11-a) "Education" with respect to the purposes
81	81	authorized by law for making an anatomical gift includes forensic
82	82	science education.
83	83	SECTION 8. Section 692A.011, Health and Safety Code, is
84	84	amended by amending Subsection (c) and adding Subsection (c-1) to
85	85	read as follows:
86	86	(c) A forensic science program that receives a donation
87	87	under Subsection (a)(5) must submit a report to the Anatomical
88	88	Board of the State of Texas on a quarterly basis that lists:
89	89	(1) the number of bodies or parts of bodies that the
90	90	program received; [and]
91	91	(2) the method in which the program used the bodies or
92	92	parts of bodies for education or research; and
93	93	(3) the number of contracts the program has entered
94	94	into under Subsection (c-1), including the persons with whom the
95	95	program contracted and the persons' contact information, and the
96	96	number of bodies or parts of bodies provided under the contracts.
97	97	(c-1) A forensic science program in accordance with rules
98	98	adopted by the Anatomical Board of the State of Texas may contract
99	99	with a person who trains search and rescue animals to provide bodies
100	100	or parts of bodies to the person in accordance with board rules and
101	101	this subtitle. The contract must require the person to use the
102	102	bodies and parts of bodies only to assist in the training of search
103	103	and rescue animals and to properly receive, handle, use, and
104	104	dispose of the bodies and parts of bodies in accordance with this
105	105	subtitle and rules adopted by the board.
106	106	SECTION 9. As soon as practicable after the effective date
107	107	of this Act, the Anatomical Board of the State of Texas shall adopt
108	108	the rules necessary to implement the changes in law made by this Act
109	109	to Chapter 691, Health and Safety Code, and Section 692A.011,
110	110	Health and Safety Code.
111	111	SECTION 10. This Act takes effect September 1, 2013.