Texas 2015 - 84th Regular

Texas Senate Bill SB1214 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin S.B. No. 1214
2		-	(Miller of Fort Bend)
	1	+	S.B. No. 1214
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the use of human remains for forensic science
8	6		education, including the training of search and rescue animals.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 691.022(a), Health and Safety Code, is
11	9		amended to read as follows:
12	10		(a) The board shall distribute bodies and anatomical
13	11		specimens to institutions and other persons authorized to receive
14	12		them.
15	13		SECTION 2. Section 691.0225, Health and Safety Code, is
16	14		amended to read as follows:
17	15		Sec. 691.0225. INFORMATIONAL DOCUMENT. The board shall
18	16		develop a document to inform a person making a gift of a decedent's
19	17		body or anatomical specimen for purposes of education, including
20	18		forensic science education, or research of the risks and benefits
21	19		associated with donation. The board shall make the document
22	20		available on the board's Internet website.
23	21		SECTION 3. Section 691.023(a), Health and Safety Code, is
24	22		amended to read as follows:
25	23		(a) An officer, employee, or representative of the state, of
26	24		a political subdivision, or of an institution having charge or
27	25		control of a body not claimed for burial or a body required to be
28	26		buried at public expense shall:
29	27		(1) notify the board or the board's representative of
30	28		the body's existence when the body comes into the person's
31	29		possession, charge, or control if notified in writing to do so by
32	30		the board or the board's representative;
33	31		(2) deliver the body in accordance with the direction
34	32		of the board; and
35	33		(3) allow the board, the board's representative, or a
36	34		physician designated by the board who complies with this chapter to
37	35		remove the body to be used for the advancement of medical or
38	36		forensic science.
39	37		SECTION 4. Section 691.026, Health and Safety Code, is
40	38		amended to read as follows:
41	39		Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the
42	40		body of a traveler who died suddenly, the board shall direct the
43	41		institution or other person receiving the body to retain the body
44	42		for six months for purposes of identification.
45	43		SECTION 5. Section 691.028(a), Health and Safety Code, is
46	44		amended to read as follows:
47	45		(a) An adult living in this state who is of sound mind may
48	46		donate the adult's [his] body by will or other written instrument to
49	47		the board, a medical or dental school, or another donee authorized
50	48		by the board, to be used for the advancement of medical or forensic
51	49		science.
52	50		SECTION 6. Section 691.030(a), Health and Safety Code, is
53	51		amended to read as follows:
54	52		(a) The board or the board's representative shall
55	53		distribute bodies donated to it and may redistribute bodies donated
56	54		to medical or dental schools or other donees authorized by the board
57	55		to:
58	56		(1) schools and colleges of chiropractic, osteopathy,
59	57		medicine, or dentistry incorporated in this state;
60	58		(2) forensic science programs;
61	59		(3) search and rescue organizations or recovery teams
62	60		that are recognized by the board, are exempt from federal taxation
63	61		under Section 501(c)(3), Internal Revenue Code of 1986, and use
64	62		human remains detection canines with the authorization of a local
65	63		or county law enforcement agency;
66	64		(4) [, to] physicians;[,] and
67	65		(5) [to] other persons as provided by this section.
68	66		SECTION 7. Sections 691.033(a), (c), and (d), Health and
69	67		Safety Code, are amended to read as follows:
70	68		(a) To further medical or forensic science, a school,
71	69		college, or person designated by the board may use, dissect,
72	70		operate on, examine, and experiment on a body or anatomical
73	71		specimen distributed under this chapter.
74	72		(c) A law relating to the prevention of mutilation of a body
75	73		does not apply to the use of a body as authorized under this section
76	74		or a dissection, operation, examination, or experiment performed
77	75		under this section.
78	76		(d) To aid prosecutions under Section 42.08, Penal Code, the
79	77		board shall adopt rules that clearly state the activities that are
80	78		authorized by the board in relation to the use or dissection of a
81	79		body.
82	80		SECTION 8. Sections 691.034(a), (c), and (d), Health and
83	81		Safety Code, are amended to read as follows:
84	82		(a) The board shall inspect and may approve institutions and
85	83		other persons for the receipt and use of bodies and anatomical
86	84		specimens under this chapter.
87	85		(c) The board may suspend or revoke a person's or
88	86		institution's authorization to receive and use or dissect bodies or
89	87		anatomical specimens if the board determines that the person or
90	88		institution has improperly used a body or anatomical specimen.
91	89		(d) A person or institution is entitled to a hearing before
92	90		the board or a hearing examiner appointed by the board before the
93	91		board may revoke the person's or institution's authorization to
94	92		receive and use or dissect bodies or anatomical specimens. The
95	93		board shall make all final decisions to suspend or revoke an
96	94		authorization.
97	95		SECTION 9. Section 692A.002, Health and Safety Code, is
98	96		amended by adding Subdivision (11-a) to read as follows:
99	97		(11-a) "Education" with respect to the purposes
100	98		authorized by law for making an anatomical gift includes forensic
101	99		science education and related training.
102	100		SECTION 10. Sections 692A.011(a) and (b), Health and Safety
103	101		Code, are amended to read as follows:
104	102		(a) An anatomical gift may be made to the following persons
105	103		named in the document of gift:
106	104		(1) an organ procurement organization to be used for
107	105		transplantation, therapy, research, or education;
108	106		(2) a hospital to be used for research;
109	107		(3) subject to Subsection (d), an individual
110	108		designated by the person making the anatomical gift if the
111	109		individual is the recipient of the part;
112	110		(4) an eye bank or tissue bank, except that use of a
113	111		gift of a whole body must be coordinated through the Anatomical
114	112		Board of the State of Texas;
115	113		(5) a forensic science program at:
116	114		(A) a general academic teaching institution as
117	115		defined by Section 61.003, Education Code; or
118	116		(B) a private or independent institution of
119	117		higher education as defined by Section 61.003, Education Code; [or]
120	118		(6) a search and rescue organization or recovery team
121	119		that is recognized by the Anatomical Board of the State of Texas, is
122	120		exempt from federal taxation under Section 501(c)(3), Internal
123	121		Revenue Code of 1986, and uses human remains detection canines with
124	122		the authorization of a local or county law enforcement agency; or
125	123		(7) the Anatomical Board of the State of Texas.
126	124		(b) Except for donations described by Subsections (a)(1)
127	125		through (6) [(5)], the Anatomical Board of the State of Texas shall
128	126		be the donee of gifts of bodies or parts of bodies made for the
129	127		purpose of education or research that are subject to distribution
130	128		by the board under Chapter 691.
131	129		SECTION 11. As soon as practicable after the effective date
132	130		of this Act, the Anatomical Board of the State of Texas shall adopt
133	131		the rules necessary to implement the changes in law made by this Act
134	132		to Chapter 691, Health and Safety Code, and Section 692A.011,
135	133		Health and Safety Code.
136	134		SECTION 12. This Act takes effect September 1, 2015.
	135	+	______________________________ ______________________________
	136	+	President of the Senate Speaker of the House
	137	+	I hereby certify that S.B. No. 1214 passed the Senate on
	138	+	April 13, 2015, by the following vote: Yeas 31, Nays 0.
	139	+	______________________________
	140	+	Secretary of the Senate
	141	+	I hereby certify that S.B. No. 1214 passed the House on
	142	+	May 22, 2015, by the following vote: Yeas 140, Nays 0, two
	143	+	present not voting.
	144	+	______________________________
	145	+	Chief Clerk of the House
	146	+	Approved:
	147	+	______________________________
	148	+	Date
	149	+	______________________________
	150	+	Governor