| 1 | 1 | | By: Buckingham S.B. No. 1074 |
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| 2 | 2 | | (In the Senate - Filed February 23, 2017; March 7, 2017, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | April 27, 2017, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 7, Nays 2; April 27, 2017, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1074 By: Zaffirini |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the persons authorized to make an anatomical gift. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 692A.002(13), Health and Safety Code, is |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (13) "Guardian" means a person appointed by a court to |
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| 18 | 18 | | make decisions regarding the support, care, education, health, or |
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| 19 | 19 | | welfare of an individual. The term does not include: |
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| 20 | 20 | | (A) a guardian ad litem; |
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| 21 | 21 | | (B) a procurement organization; or |
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| 22 | 22 | | (C) any person associated with the hospital in |
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| 23 | 23 | | possession of the decedent's body other than a person described by |
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| 24 | 24 | | Section 692A.009(a)(2), (3), (4), (5), (6), or (7). |
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| 25 | 25 | | SECTION 2. Section 692A.009, Health and Safety Code, is |
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| 26 | 26 | | amended by amending Subsection (a) and adding Subsection (d) to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | (a) Subject to Subsections (b) and (c) and unless barred by |
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| 29 | 29 | | Section 692A.007 or Section 692A.008, an anatomical gift of a |
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| 30 | 30 | | decedent's body or part for the purpose of transplantation, |
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| 31 | 31 | | therapy, research, or education may be made by any member of the |
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| 32 | 32 | | following classes of persons who is reasonably available, in the |
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| 33 | 33 | | order of priority listed: |
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| 34 | 34 | | (1) an agent of the decedent at the time of death who |
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| 35 | 35 | | could have made an anatomical gift under Section 692A.004(2) |
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| 36 | 36 | | immediately before the decedent's death; |
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| 37 | 37 | | (2) the spouse of the decedent; |
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| 38 | 38 | | (3) adult children of the decedent; |
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| 39 | 39 | | (4) parents of the decedent; |
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| 40 | 40 | | (5) adult siblings of the decedent; |
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| 41 | 41 | | (6) adult grandchildren of the decedent; |
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| 42 | 42 | | (7) grandparents of the decedent; |
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| 43 | 43 | | (8) an adult who exhibited special care and concern |
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| 44 | 44 | | for the decedent other than a person associated with the hospital in |
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| 45 | 45 | | possession of the decedent's body; and |
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| 46 | 46 | | (9) the persons who were acting as the guardians of the |
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| 47 | 47 | | person of the decedent at the time of death[; |
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| 48 | 48 | | [(10) the hospital administrator; and |
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| 49 | 49 | | [(11) any other person having the authority to dispose |
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| 50 | 50 | | of the decedent's body]. |
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| 51 | 51 | | (d) A procurement organization may not petition a court to |
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| 52 | 52 | | become the decedent's guardian or to otherwise be authorized to |
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| 53 | 53 | | make an anatomical gift of the decedent's body or part. |
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| 54 | 54 | | SECTION 3. Section 692A.009, Health and Safety Code, as |
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| 55 | 55 | | amended by this Act, applies only to an anatomical gift made on or |
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| 56 | 56 | | after the effective date of this Act. An anatomical gift made |
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| 57 | 57 | | before the effective date of this Act is governed by the law in |
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| 58 | 58 | | effect immediately before the effective date of this Act, and that |
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| 59 | 59 | | law is continued in effect for that purpose. |
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| 60 | 60 | | SECTION 4. This Act takes effect immediately if it receives |
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| 61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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| 62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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| 64 | 64 | | Act takes effect September 1, 2017. |
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| 65 | 65 | | * * * * * |
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