Texas 2017 - 85th Regular

Texas House Bill HB35 Compare Versions

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

Old	New	Differences
1	1	85R13202 SCL-F
2	2	By: Cook H.B. No. 35
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition of embryonic and fetal tissue remains;
8	8	imposing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 8, Health and Safety Code, is
11	11	amended by adding Chapter 697 to read as follows:
12	12	CHAPTER 697. DISPOSITION OF EMBRYONIC AND FETAL TISSUE REMAINS
13	13	Sec. 697.001. PURPOSE. The purpose of this chapter is to
14	14	express the state's profound respect for the life of the unborn by
15	15	providing for a dignified final disposition of embryonic and fetal
16	16	tissue remains.
17	17	Sec. 697.002. DEFINITIONS. In this chapter:
18	18	(1) "Cremation" means the irreversible process of
19	19	reducing remains to ashes or bone fragments through extreme heat
20	20	and evaporation.
21	21	(2) "Department" means the Department of State Health
22	22	Services.
23	23	(3) "Embryonic and fetal tissue remains" means an
24	24	embryo, a fetus, body parts, or organs from a pregnancy for which
25	25	the issuance of a fetal death certificate is not required by law.
26	26	The term does not include the umbilical cord, placenta, gestational
27	27	sac, blood, or body fluids.
28	28	(4) "Executive commissioner" means the executive
29	29	commissioner of the Health and Human Services Commission.
30	30	(5) "Incineration" means the process of burning
31	31	remains in an incinerator.
32	32	(6) "Interment" means the disposition of remains by
33	33	entombment, burial, or placement in a niche.
34	34	(7) "Steam disinfection" means the act of subjecting
35	35	remains to steam under pressure to disinfect the remains.
36	36	Sec. 697.003. APPLICABILITY OF OTHER LAW. Embryonic and
37	37	fetal tissue remains are not pathological waste. Unless otherwise
38	38	provided by this chapter, Chapters 711 and 716 of this code and
39	39	Chapter 651, Occupations Code, do not apply to the disposition of
40	40	embryonic and fetal tissue remains.
41	41	Sec. 697.004. DISPOSITION OF EMBRYONIC AND FETAL TISSUE
42	42	REMAINS. (a) A health care facility in this state that provides
43	43	health or medical care to a pregnant woman shall dispose of
44	44	embryonic and fetal tissue remains related to that care, regardless
45	45	of the period of gestation or weight of the fetus by:
46	46	(1) interment;
47	47	(2) cremation;
48	48	(3) incineration followed by interment; or
49	49	(4) steam disinfection followed by interment.
50	50	(b) The ashes resulting from the cremation or incineration
51	51	of embryonic and fetal tissue remains:
52	52	(1) may be interred or scattered in any manner as
53	53	authorized by law for human remains; and
54	54	(2) may not be placed in a landfill.
55	55	(c) A health care facility responsible for disposing of
56	56	embryonic and fetal tissue remains may coordinate with an entity in
57	57	the registry established under Section 697.005 in an effort to
58	58	offset the cost associated with burial or cremation of the
59	59	embryonic and fetal tissue remains of an unborn child.
60	60	Sec. 697.005. BURIAL OR CREMATION ASSISTANCE REGISTRY. The
61	61	department shall:
62	62	(1) establish and maintain a registry of:
63	63	(A) participating funeral homes and cemeteries
64	64	willing to provide free common burial or low-cost private burial;
65	65	and
66	66	(B) private nonprofit organizations that
67	67	register with the department to provide financial assistance for
68	68	the costs associated with burial or cremation of the embryonic and
69	69	fetal tissue remains of an unborn child; and
70	70	(2) make the registry information available on request
71	71	to a physician, health care facility, or agent of a physician or
72	72	health care facility.
73	73	Sec. 697.006. SUSPENSION OR REVOCATION OF LICENSE. The
74	74	department may suspend or revoke the license of a health care
75	75	facility that violates Section 697.004 or a rule adopted under this
76	76	chapter.
77	77	Sec. 697.007. CIVIL PENALTY. (a) A health care facility
78	78	that violates Section 697.004 or a rule adopted under this chapter
79	79	is liable for a civil penalty in an amount of $1,000 for each
80	80	violation.
81	81	(b) The attorney general may sue to collect the civil
82	82	penalty. The attorney general may recover reasonable expenses
83	83	incurred in collecting the civil penalty, including court costs,
84	84	reasonable attorney's fees, investigation costs, witness fees, and
85	85	disposition expenses.
86	86	Sec. 697.008. RULES. The executive commissioner shall
87	87	adopt rules to implement this chapter.
88	88	SECTION 2. The executive commissioner of the Health and
89	89	Human Services Commission shall adopt rules to implement Chapter
90	90	697, Health and Safety Code, as added by this Act, not later than
91	91	January 1, 2018.
92	92	SECTION 3. Chapter 697, Health and Safety Code, as added by
93	93	this Act, applies only to the disposition of embryonic and fetal
94	94	tissue remains that occurs on or after February 1, 2018. The
95	95	disposition of embryonic and fetal tissue remains that occurs
96	96	before February 1, 2018, is governed by the law in effect
97	97	immediately before the effective date of this Act, and the former
98	98	law is continued in effect for that purpose.
99	99	SECTION 4. This Act takes effect September 1, 2017.