Texas House Bill HB1350

Texas 2019 - 86th Regular

Caption

Relating to the persons authorized to make an anatomical gift.

Impact

The implications of HB1350 are significant for state laws governing anatomical gifts. By establishing a clear order of precedence for individuals who can make such gifts, the bill mitigates potential disputes among family members and guardians. It is designed to simplify the process during a difficult time, ensuring that donor intentions are respected and that the process aligns with existing legal frameworks. The legislation revises how decisions regarding organ donation are managed, potentially increasing the efficiency and clarity of such decisions.

Summary

House Bill 1350 addresses the authorized individuals for making anatomical gifts, specifically amendments to the Texas Health and Safety Code. The bill outlines the hierarchy of persons who may make such gifts after a decedent's death, prioritizing close family members and individuals who cared for the decedent. Notably, the bill explicitly prohibits procurement organizations from acting as guardians or being involved in the decision-making process concerning anatomical gifts. This move is aimed at clarifying the legal landscape around organ donation and the responsibilities associated with it.

Contention

While the bill primarily streamlines processes related to organ donation, there may be concerns around the exclusion of procurement organizations from the decision-making process. Opponents could argue that this aspect may impede timely access to organs for those in need, as procurement organizations often play crucial roles in facilitating donations. Additionally, questions may arise about how disputes among family members regarding anatomical gifts will be resolved, which the bill addresses through court jurisdiction but may still leave room for contention in practice.