Texas 2019 - 86th Regular

Texas House Bill HB2247 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R17035~~ LED-F
	1	+	86R2885 LED-F
2	2		By: Wray H.B. No. 2247
3		-	Substitute the following for H.B. No. 2247:
4		-	By: Meyer C.S.H.B. No. 2247
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to ~~the execution of a record making an~~ anatomical ~~gift~~.
	7	+	relating to anatomical gifts.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 692A.005(b), Health and Safety Code, is
12	10		amended to read as follows:
13	11		(b) A donor or other person authorized to make an anatomical
14	12		gift under Section 692A.004 may make a gift by a donor card or other
15	13		record signed by the donor or other person making the gift or by
16	14		authorizing that a statement or symbol indicating the donor has
17	15		made an anatomical gift be included on a donor registry. If the
18	16		donor or other person is physically unable to sign a record, the
19	17		record may be signed by another individual at the direction of the
20	18		donor or other person and must:
21	19		(1) be witnessed by at least two adults, at least one
22	20		of whom is a disinterested witness, who have signed at the request
23	21		of the donor or the other person, or be acknowledged before a notary
24	22		public; and
25	23		(2) state that the record has been signed and
26	24		witnessed or acknowledged as provided in Subdivision (1).
27	25		SECTION 2. Section 692A.006(b), Health and Safety Code, is
28	26		amended to read as follows:
29	27		(b) A record signed pursuant to Subsection (a)(1)(C) must:
30	28		(1) be witnessed by at least two adults, at least one
31	29		of whom is a disinterested witness, who have signed at the request
32	30		of the donor or the other person, or be acknowledged before a notary
33	31		public; and
34	32		(2) state that the record has been signed and
35	33		witnessed or acknowledged as provided in Subdivision (1).
36	34		SECTION 3. Section 692A.007(b), Health and Safety Code, is
37	35		amended to read as follows:
38	36		(b) A record signed pursuant to Subsection (a)(1)(B) must:
39	37		(1) be witnessed by at least two adults, at least one
40	38		of whom is a disinterested witness, who have signed at the request
41	39		of the individual, or be acknowledged before a notary public; and
42	40		(2) state that the record has been signed and
43	41		witnessed or acknowledged as provided in Subdivision (1).
44	42		SECTION 4. Chapter 692, Health and Safety Code, is
45	43		repealed.
46	44		SECTION 5. Sections 692A.005, 692A.006, and 692A.007,
47	45		Health and Safety Code, as amended by this Act, apply only to the
48		-	validity of a record executed on or after the effective date of this
49		-	Act. The validity of a record executed before the effective date of
50		-	this Act is governed by the law in effect on the date the record was
51		-	executed, and that law continues in effect for that purpose.
	46	+	validity of a document executed on or after the effective date of
	47	+	this Act. The validity of a document executed before the effective
	48	+	date of this Act is governed by the law in effect on the date the
	49	+	document was executed, and that law continues in effect for that
	50	+	purpose.
52	51		SECTION 6. (a) Except as otherwise provided in this
53	52		section, the changes in law made by this Act apply to:
54	53		(1) a record described by Section 692A.005, 692A.006,
55	54		or 692A.007, Health and Safety Code, as amended by this Act, created
56	55		before, on, or after the effective date of this Act; and
57	56		(2) a judicial proceeding concerning a record
58	57		described by Subdivision (1) of this subsection that:
59	58		(A) commences on or after the effective date of
60	59		this Act; or
61	60		(B) is pending on the effective date of this Act.
62	61		(b) If the court finds that application of a provision of
63	62		this Act would substantially interfere with the effective conduct
64	63		of a judicial proceeding concerning a record described by
65	64		Subsection (a)(1) of this section that is pending on the effective
66	65		date of this Act or prejudice the rights of a party to the
67	66		proceeding, the provision of this Act does not apply, and the law in
68	67		effect immediately before the effective date of this Act applies in
69	68		those circumstances.
70	69		SECTION 7. This Act takes effect September 1, 2019.