Texas 2015 - 84th Regular

Texas House Bill HB2738 Compare Versions

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

Old	New	Differences
1	1	84R9996 LED-D
2	2	By: Capriglione H.B. No. 2738
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of human remains for forensic science
8	8	education, including the training of search and rescue animals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 691.0225, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 691.0225. INFORMATIONAL DOCUMENT. The board shall
13	13	develop a document to inform a person making a gift of a decedent's
14	14	body or anatomical specimen for purposes of education, including
15	15	forensic science education, or research of the risks and benefits
16	16	associated with donation. The board shall make the document
17	17	available on the board's Internet website.
18	18	SECTION 2. Section 691.023(a), Health and Safety Code, is
19	19	amended to read as follows:
20	20	(a) An officer, employee, or representative of the state, of
21	21	a political subdivision, or of an institution having charge or
22	22	control of a body not claimed for burial or a body required to be
23	23	buried at public expense shall:
24	24	(1) notify the board or the board's representative of
25	25	the body's existence when the body comes into the person's
26	26	possession, charge, or control if notified in writing to do so by
27	27	the board or the board's representative;
28	28	(2) deliver the body in accordance with the direction
29	29	of the board; and
30	30	(3) allow the board, the board's representative, or a
31	31	physician designated by the board who complies with this chapter to
32	32	remove the body to be used for the advancement of medical or
33	33	forensic science.
34	34	SECTION 3. Section 691.028(a), Health and Safety Code, is
35	35	amended to read as follows:
36	36	(a) An adult living in this state who is of sound mind may
37	37	donate the adult's [his] body by will or other written instrument to
38	38	the board, a medical or dental school, or another donee authorized
39	39	by the board, to be used for the advancement of medical or forensic
40	40	science.
41	41	SECTION 4. Section 691.030(a), Health and Safety Code, is
42	42	amended to read as follows:
43	43	(a) The board or the board's representative shall
44	44	distribute bodies donated to it and may redistribute bodies donated
45	45	to medical or dental schools or other donees authorized by the board
46	46	to schools and colleges of chiropractic, osteopathy, medicine, or
47	47	dentistry incorporated in this state, to a forensic science
48	48	program, to physicians, and to other persons as provided by this
49	49	section.
50	50	SECTION 5. Sections 691.033(a), (c), and (d), Health and
51	51	Safety Code, are amended to read as follows:
52	52	(a) To further medical or forensic science, a school,
53	53	college, or person designated by the board may use, dissect,
54	54	operate on, examine, and experiment on a body or anatomical
55	55	specimen distributed under this chapter.
56	56	(c) A law relating to the prevention of mutilation of a body
57	57	does not apply to the use of a body as authorized under this section
58	58	or a dissection, operation, examination, or experiment performed
59	59	under this section.
60	60	(d) To aid prosecutions under Section 42.08, Penal Code, the
61	61	board shall adopt rules that clearly state the activities that are
62	62	authorized by the board in relation to the use or dissection of a
63	63	body.
64	64	SECTION 6. Sections 691.034(c) and (d), Health and Safety
65	65	Code, are amended to read as follows:
66	66	(c) The board may suspend or revoke a person's or
67	67	institution's authorization to receive and use or dissect bodies or
68	68	anatomical specimens if the board determines that the person or
69	69	institution has improperly used a body or anatomical specimen.
70	70	(d) A person or institution is entitled to a hearing before
71	71	the board or a hearing examiner appointed by the board before the
72	72	board may revoke the person's or institution's authorization to
73	73	receive and use or dissect bodies or anatomical specimens. The
74	74	board shall make all final decisions to suspend or revoke an
75	75	authorization.
76	76	SECTION 7. Section 692A.002, Health and Safety Code, is
77	77	amended by adding Subdivision (11-a) to read as follows:
78	78	(11-a) "Education" with respect to the purposes
79	79	authorized by law for making an anatomical gift includes forensic
80	80	science education.
81	81	SECTION 8. Section 692A.011, Health and Safety Code, is
82	82	amended by amending Subsection (c) and adding Subsection (c-1) to
83	83	read as follows:
84	84	(c) A forensic science program that receives a donation
85	85	under Subsection (a)(5) must submit a report to the Anatomical
86	86	Board of the State of Texas on a quarterly basis that lists:
87	87	(1) the number of bodies or parts of bodies that the
88	88	program received; [and]
89	89	(2) the method in which the program used the bodies or
90	90	parts of bodies for education or research; and
91	91	(3) the number of contracts the program has entered
92	92	into under Subsection (c-1), including the persons with whom the
93	93	program contracted and the persons' contact information, and the
94	94	number of bodies or parts of bodies provided under the contracts.
95	95	(c-1) A forensic science program in accordance with rules
96	96	adopted by the Anatomical Board of the State of Texas may contract
97	97	with a person who trains search and rescue animals to provide bodies
98	98	or parts of bodies to the person in accordance with board rules and
99	99	this subtitle. The contract must require the person to use the
100	100	bodies and parts of bodies only to assist in the training of search
101	101	and rescue animals and to properly receive, handle, use, and
102	102	dispose of the bodies and parts of bodies in accordance with this
103	103	subtitle and rules adopted by the board.
104	104	SECTION 9. As soon as practicable after the effective date
105	105	of this Act, the Anatomical Board of the State of Texas shall adopt
106	106	the rules necessary to implement the changes in law made by this Act
107	107	to Chapter 691, Health and Safety Code, and Section 692A.011,
108	108	Health and Safety Code.
109	109	SECTION 10. This Act takes effect September 1, 2015.