85R7949 JG-D
By: Oliverson, Klick, Price, Burkett, H.B. No. 1092
Bonnen of Galveston, et al.
Substitute the following for H.B. No. 1092:
By: Oliverson C.S.H.B. No. 1092
A BILL TO BE ENTITLED
AN ACT
relating to the persons authorized to make an anatomical gift.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 692A.002(13), Health and Safety Code, is
amended to read as follows:
(13) "Guardian" means a person appointed by a court to
make decisions regarding the support, care, education, health, or
welfare of an individual. The term does not include:
(A) a guardian ad litem;
(B) a procurement organization; or
(C) any person associated with the hospital in
possession of the decedent's body other than a person described by
Section 692A.009(2), (3), (4), (5), (6), or (7).
SECTION 2. Section 692A.009, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) Subject to Subsections (b) and (c) and unless barred by
Section 692A.007 or Section 692A.008, an anatomical gift of a
decedent's body or part for the purpose of transplantation,
therapy, research, or education may be made by any member of the
following classes of persons who is reasonably available, in the
order of priority listed:
(1) an agent of the decedent at the time of death who
could have made an anatomical gift under Section 692A.004(2)
immediately before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern
for the decedent other than a person associated with the hospital in
possession of the decedent's body; and
(9) the persons who were acting as the guardians of the
person of the decedent at the time of death[;
[(10) the hospital administrator; and
[(11) any other person having the authority to dispose
of the decedent's body].
(d) A procurement organization may not petition a court to
become the decedent's guardian or to otherwise be authorized to
make an anatomical gift of the decedent's body or part.
SECTION 3. Section 692A.009, Health and Safety Code, as
amended by this Act, applies only to an anatomical gift made on or
after the effective date of this Act. An anatomical gift made
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.