By: Taylor of Collin S.B. No. 1214
(Miller of Fort Bend)
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 691.022(a), Health and Safety Code, is
amended to read as follows:
(a) The board shall distribute bodies and anatomical
specimens to institutions and other persons authorized to receive
them.
SECTION 2. 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 3. 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 4. Section 691.026, Health and Safety Code, is
amended to read as follows:
Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the
body of a traveler who died suddenly, the board shall direct the
institution or other person receiving the body to retain the body
for six months for purposes of identification.
SECTION 5. 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 6. 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:
(1) schools and colleges of chiropractic, osteopathy,
medicine, or dentistry incorporated in this state;
(2) forensic science programs;
(3) search and rescue organizations or recovery teams
that are recognized by the board, are exempt from federal taxation
under Section 501(c)(3), Internal Revenue Code of 1986, and use
human remains detection canines with the authorization of a local
or county law enforcement agency;
(4) [, to] physicians;[,] and
(5) [to] other persons as provided by this section.
SECTION 7. 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 8. Sections 691.034(a), (c), and (d), Health and
Safety Code, are amended to read as follows:
(a) The board shall inspect and may approve institutions and
other persons for the receipt and use of bodies and anatomical
specimens under this chapter.
(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 9. 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 and related training.
SECTION 10. Sections 692A.011(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) An anatomical gift may be made to the following persons
named in the document of gift:
(1) an organ procurement organization to be used for
transplantation, therapy, research, or education;
(2) a hospital to be used for research;
(3) subject to Subsection (d), an individual
designated by the person making the anatomical gift if the
individual is the recipient of the part;
(4) an eye bank or tissue bank, except that use of a
gift of a whole body must be coordinated through the Anatomical
Board of the State of Texas;
(5) a forensic science program at:
(A) a general academic teaching institution as
defined by Section 61.003, Education Code; or
(B) a private or independent institution of
higher education as defined by Section 61.003, Education Code; [or]
(6) a search and rescue organization or recovery team
that is recognized by the Anatomical Board of the State of Texas, is
exempt from federal taxation under Section 501(c)(3), Internal
Revenue Code of 1986, and uses human remains detection canines with
the authorization of a local or county law enforcement agency; or
(7) the Anatomical Board of the State of Texas.
(b) Except for donations described by Subsections (a)(1)
through (6) [(5)], the Anatomical Board of the State of Texas shall
be the donee of gifts of bodies or parts of bodies made for the
purpose of education or research that are subject to distribution
by the board under Chapter 691.
SECTION 11. 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 12. This Act takes effect September 1, 2015.