83R22742 YDB-D
By: Taylor H.B. No. 1199
Substitute the following for H.B. No. 1199:
By: Pickett C.S.H.B. No. 1199
A BILL TO BE ENTITLED
AN ACT
relating to the use of human remains for forensic science
education, including the training of search and rescue animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 691.0225, Health and Safety Code, is
amended to read as follows:
Sec. 691.0225. INFORMATIONAL DOCUMENT. The board shall
develop a document to inform a person making a gift of a decedent's
body or anatomical specimen for purposes of education, including
forensic science education, or research of the risks and benefits
associated with donation. The board shall make the document
available on the board's Internet website.
SECTION 2. Section 691.023(a), Health and Safety Code, is
amended to read as follows:
(a) An officer, employee, or representative of the state, of
a political subdivision, or of an institution having charge or
control of a body not claimed for burial or a body required to be
buried at public expense shall:
(1) notify the board or the board's representative of
the body's existence when the body comes into the person's
possession, charge, or control if notified in writing to do so by
the board or the board's representative;
(2) deliver the body in accordance with the direction
of the board; and
(3) allow the board, the board's representative, or a
physician designated by the board who complies with this chapter to
remove the body to be used for the advancement of medical or
forensic science.
SECTION 3. Section 691.028(a), Health and Safety Code, is
amended to read as follows:
(a) An adult living in this state who is of sound mind may
donate the adult's [his] body by will or other written instrument to
the board, a medical or dental school, or another donee authorized
by the board, to be used for the advancement of medical or forensic
science.
SECTION 4. Section 691.030(a), Health and Safety Code, is
amended to read as follows:
(a) The board or the board's representative shall
distribute bodies donated to it and may redistribute bodies donated
to medical or dental schools or other donees authorized by the board
to schools and colleges of chiropractic, osteopathy, medicine, or
dentistry incorporated in this state, to a forensic science
program, to physicians, and to other persons as provided by this
section.
SECTION 5. Sections 691.033(a), (c), and (d), Health and
Safety Code, are amended to read as follows:
(a) To further medical or forensic science, a school,
college, or person designated by the board may use, dissect,
operate on, examine, and experiment on a body or anatomical
specimen distributed under this chapter.
(c) A law relating to the prevention of mutilation of a body
does not apply to the use of a body as authorized under this section
or a dissection, operation, examination, or experiment performed
under this section.
(d) To aid prosecutions under Section 42.08, Penal Code, the
board shall adopt rules that clearly state the activities that are
authorized by the board in relation to the use or dissection of a
body.
SECTION 6. Sections 691.034(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) The board may suspend or revoke a person's or
institution's authorization to receive and use or dissect bodies or
anatomical specimens if the board determines that the person or
institution has improperly used a body or anatomical specimen.
(d) A person or institution is entitled to a hearing before
the board or a hearing examiner appointed by the board before the
board may revoke the person's or institution's authorization to
receive and use or dissect bodies or anatomical specimens. The
board shall make all final decisions to suspend or revoke an
authorization.
SECTION 7. Section 692A.002, Health and Safety Code, is
amended by adding Subdivision (11-a) to read as follows:
(11-a) "Education" with respect to the purposes
authorized by law for making an anatomical gift includes forensic
science education.
SECTION 8. Section 692A.011, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) A forensic science program that receives a donation
under Subsection (a)(5) must submit a report to the Anatomical
Board of the State of Texas on a quarterly basis that lists:
(1) the number of bodies or parts of bodies that the
program received; [and]
(2) the method in which the program used the bodies or
parts of bodies for education or research; and
(3) the number of contracts the program has entered
into under Subsection (c-1), including the persons with whom the
program contracted and the persons' contact information, and the
number of bodies or parts of bodies provided under the contracts.
(c-1) A forensic science program in accordance with rules
adopted by the Anatomical Board of the State of Texas may contract
with a person who trains search and rescue animals to provide bodies
or parts of bodies to the person in accordance with board rules and
this subtitle. The contract must require the person to use the
bodies and parts of bodies only to assist in the training of search
and rescue animals and to properly receive, handle, use, and
dispose of the bodies and parts of bodies in accordance with this
subtitle and rules adopted by the board.
SECTION 9. As soon as practicable after the effective date
of this Act, the Anatomical Board of the State of Texas shall adopt
the rules necessary to implement the changes in law made by this Act
to Chapter 691, Health and Safety Code, and Section 692A.011,
Health and Safety Code.
SECTION 10. This Act takes effect September 1, 2013.