Texas 2019 - 86th Regular

Texas Senate Bill SB258 Compare Versions

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

Old	New	Differences
1	1	86R2885 LED-F
2	2	By: Rodríguez S.B. No. 258
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to anatomical gifts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 692A.005(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) A donor or other person authorized to make an anatomical
12	12	gift under Section 692A.004 may make a gift by a donor card or other
13	13	record signed by the donor or other person making the gift or by
14	14	authorizing that a statement or symbol indicating the donor has
15	15	made an anatomical gift be included on a donor registry. If the
16	16	donor or other person is physically unable to sign a record, the
17	17	record may be signed by another individual at the direction of the
18	18	donor or other person and must:
19	19	(1) be witnessed by at least two adults, at least one
20	20	of whom is a disinterested witness, who have signed at the request
21	21	of the donor or the other person, or be acknowledged before a notary
22	22	public; and
23	23	(2) state that the record has been signed and
24	24	witnessed or acknowledged as provided in Subdivision (1).
25	25	SECTION 2. Section 692A.006(b), Health and Safety Code, is
26	26	amended to read as follows:
27	27	(b) A record signed pursuant to Subsection (a)(1)(C) must:
28	28	(1) be witnessed by at least two adults, at least one
29	29	of whom is a disinterested witness, who have signed at the request
30	30	of the donor or the other person, or be acknowledged before a notary
31	31	public; and
32	32	(2) state that the record has been signed and
33	33	witnessed or acknowledged as provided in Subdivision (1).
34	34	SECTION 3. Section 692A.007(b), Health and Safety Code, is
35	35	amended to read as follows:
36	36	(b) A record signed pursuant to Subsection (a)(1)(B) must:
37	37	(1) be witnessed by at least two adults, at least one
38	38	of whom is a disinterested witness, who have signed at the request
39	39	of the individual, or be acknowledged before a notary public; and
40	40	(2) state that the record has been signed and
41	41	witnessed or acknowledged as provided in Subdivision (1).
42	42	SECTION 4. Chapter 692, Health and Safety Code, is
43	43	repealed.
44	44	SECTION 5. Sections 692A.005, 692A.006, and 692A.007,
45	45	Health and Safety Code, as amended by this Act, apply only to the
46	46	validity of a document executed on or after the effective date of
47	47	this Act. The validity of a document executed before the effective
48	48	date of this Act is governed by the law in effect on the date the
49	49	document was executed, and that law continues in effect for that
50	50	purpose.
51	51	SECTION 6. (a) Except as otherwise provided in this
52	52	section, the changes in law made by this Act apply to:
53	53	(1) a record described by Section 692A.005, 692A.006,
54	54	or 692A.007, Health and Safety Code, as amended by this Act, created
55	55	before, on, or after the effective date of this Act; and
56	56	(2) a judicial proceeding concerning a record
57	57	described by Subdivision (1) of this subsection that:
58	58	(A) commences on or after the effective date of
59	59	this Act; or
60	60	(B) is pending on the effective date of this Act.
61	61	(b) If the court finds that application of a provision of
62	62	this Act would substantially interfere with the effective conduct
63	63	of a judicial proceeding concerning a record described by
64	64	Subsection (a)(1) of this section that is pending on the effective
65	65	date of this Act or prejudice the rights of a party to the
66	66	proceeding, the provision of this Act does not apply, and the law in
67	67	effect immediately before the effective date of this Act applies in
68	68	those circumstances.
69	69	SECTION 7. This Act takes effect September 1, 2019.