TX
Texas House Bill HB1565

Texas 2021 - 87th Regular

Texas House Bill HB1565 Compare Versions

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1-By: Paddie (Senate Sponsor - Buckingham) H.B. No. 1565
2- (In the Senate - Received from the House April 21, 2021;
3- May 13, 2021, read first time and referred to Committee on Business &
4- Commerce; May 19, 2021, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 8, Nays 0;
6- May 19, 2021, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR H.B. No. 1565 By: Hancock
1+By: Paddie H.B. No. 1565
92
103
114 A BILL TO BE ENTITLED
125 AN ACT
136 relating to the continuation and transfer of the regulation of
14- willed body programs to the Texas Funeral Service Commission, the
15- regulation of willed body programs and non-transplant anatomical
16- donation organizations, and the creation of the State Anatomical
17- Advisory Committee; authorizing a fee.
7+ willed body programs to the Texas Funeral Service Commission and to
8+ the creation of the State Anatomical Advisory Committee;
9+ authorizing a fee.
1810 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1911 ARTICLE 1. STATE ANATOMICAL ADVISORY COMMITTEE; TEXAS FUNERAL
2012 SERVICE COMMISSION
2113 SECTION 1.01. The heading to Chapter 691, Health and Safety
2214 Code, is amended to read as follows:
2315 CHAPTER 691. DONATION OF BODIES AND ANATOMICAL SPECIMENS
2416 [ANATOMICAL BOARD OF THE STATE OF TEXAS]
2517 SECTION 1.02. The heading to Subchapter A, Chapter 691,
2618 Health and Safety Code, is amended to read as follows:
2719 SUBCHAPTER A. GENERAL PROVISIONS; STATE [ORGANIZATION OF]
2820 ANATOMICAL ADVISORY COMMITTEE [BOARD OF THE STATE OF TEXAS]
2921 SECTION 1.03. Section 691.001, Health and Safety Code, is
30- amended by amending Subdivision (1) and adding Subdivisions (4),
31- (5), and (6) to read as follows:
22+ amended by amending Subdivision (1) and adding Subdivisions (4) and
23+ (5) to read as follows:
3224 (1) "Advisory committee [Board]" means the State
3325 Anatomical Advisory Committee [Board of the State of Texas].
3426 (4) "Commission" means the Texas Funeral Service
3527 Commission.
36- (5) "Non-transplant anatomical donation organization"
37- means a person licensed, accredited, or regulated under federal or
38- state law to engage in the recovery, screening, testing,
39- processing, storage, or distribution of tissue or human remains for
40- any purpose other than transplantation into a living individual.
41- (6) "Willed body program" means a program operated at
28+ (5) "Willed body program" means a program operated at
4229 an institution of higher education in this state and approved by the
43- commission that allows a living individual to donate the
44- individual's body or anatomical specimen for educational or
45- research purposes.
30+ commission or a program operated by an organization accredited by
31+ the American Association of Tissue Banks that allows a living
32+ individual to donate the individual's body or anatomical specimen
33+ for educational or research purposes.
4634 SECTION 1.04. Section 691.002, Health and Safety Code, is
4735 amended to read as follows:
4836 Sec. 691.002. ADVISORY COMMITTEE [COMPOSITION OF BOARD].
4937 (a) The State Anatomical Advisory Committee is established to
5038 advise the commission on matters related to the regulation and
51- operation of willed body programs and non-transplant anatomical
52- donation organizations in this state.
39+ operation of willed body programs in this state.
5340 (b) The advisory committee is composed of representatives
5441 appointed by the commission from institutions of higher education
55- that operate willed body programs and at least one non-transplant
56- anatomical donation organization. The majority of the members of
57- the advisory committee must be representatives from institutions of
58- higher education that operate willed body programs [The Anatomical
59- Board of the State of Texas is composed of one representative from
60- each school or college of chiropractic, osteopathy, medicine, or
61- dentistry incorporated in this state].
42+ that operate willed body programs [The Anatomical Board of the
43+ State of Texas is composed of one representative from each school or
44+ college of chiropractic, osteopathy, medicine, or dentistry
45+ incorporated in this state].
6246 (c) Members of the advisory committee serve two-year terms
6347 [(b) On March 1 of each odd-numbered year, the chief executive
6448 officer of each institution described by Subsection (a) shall
6549 appoint as the institution's representative on the board one
6650 professor of surgery or of basic anatomical sciences who is
6751 associated with the institution].
6852 (d) [(c)] Appointments to the advisory committee [board]
6953 shall be made without regard to the race, creed, sex, religion, or
7054 national origin of the appointees.
7155 (e) Sections 2110.002 and 2110.008, Government Code, do not
7256 apply to the advisory committee.
7357 SECTION 1.05. Section 691.007(c), Health and Safety Code,
7458 is redesignated as Section 691.011, Health and Safety Code, and
7559 amended to read as follows:
7660 Sec. 691.011. RECORDS. [(c)] The commission [board] shall
7761 keep identification records of each body donated to the commission
7862 [board] and of each body or anatomical specimen distributed by the
7963 commission [board].
8064 SECTION 1.06. Section 691.008(a), Health and Safety Code,
8165 is redesignated as Section 691.012, Health and Safety Code, and
8266 amended to read as follows:
8367 Sec. 691.012. FEES. [(a)] The commission [board] may set
84- and collect reasonable and necessary fees for the cost of
85- administering this chapter, including:
68+ and collect reasonable and necessary fees for:
8669 (1) receiving and distributing bodies and anatomical
87- specimens;
88- (2) transferring bodies and anatomical specimens
89- between institutions, organizations, or other persons authorized
90- to transfer or receive bodies or anatomical specimens under this
91- chapter; and
92- (3) conducting inspections of institutions,
93- organizations, or other persons authorized to receive and use
94- bodies or anatomical specimens under this chapter.
70+ specimens; and
71+ (2) conducting inspections of institutions or other
72+ persons authorized to receive and use bodies or anatomical
73+ specimens under this chapter.
9574 SECTION 1.07. Section 691.010, Health and Safety Code, is
9675 amended to read as follows:
9776 Sec. 691.010. PUBLIC INFORMATION AND PARTICIPATION;
9877 COMPLAINTS. (a) The commission [board] shall prepare information
9978 of public interest describing the functions of the commission under
10079 this chapter [board] and the commission's [board's] procedures by
10180 which complaints are filed with and resolved by the commission
10281 [board]. The commission [board] shall make the information
10382 available to the public and appropriate state agencies.
10483 (b) The commission [board] by rule shall establish methods
10584 by which service recipients can be notified of the name, mailing
10685 address, and telephone number of the commission [board] for the
10786 purpose of directing complaints to the commission [board]. The
10887 commission [board] may provide for that notification by including
10988 the information on each written contract relating to bodies willed
11089 or donated to an entity regulated by the commission [board] or
11190 authorized by the commission [board] to receive bodies.
11291 (c) The commission [board] shall keep an information file
11392 about each complaint filed with the commission [board] relating to
11493 its functions under this chapter. If a written complaint is filed
11594 with the commission [board] relating to a person or an entity
11695 regulated by the commission under this chapter [board], the
11796 commission [board, at least as frequently as quarterly and until
11897 final disposition of the complaint,] shall periodically notify the
11998 parties to the complaint of the status of the complaint until final
12099 disposition unless notice would jeopardize an undercover
121100 investigation.
122101 (d) The commission [board] shall develop and implement
123102 policies that provide the public with a reasonable opportunity to
124103 appear before the commission [board] and to speak on any issue under
125104 the jurisdiction of the commission [board].
126105 SECTION 1.08. Section 691.022, Health and Safety Code, is
127106 amended to read as follows:
128107 Sec. 691.022. GENERAL DUTIES. (a) The commission [board]
129108 shall distribute bodies and anatomical specimens to institutions of
130109 higher education that operate willed body programs and other
131110 institutions and persons authorized to receive a body or specimen
132111 under this chapter [them].
133112 (b) The commission [board] shall adopt rules to ensure that
134113 each body and anatomical specimen is treated with respect while in
135114 the custody of the commission [board] or an institution or person
136115 authorized to receive the body or specimen, including an
137116 institution of higher education that operates a willed body program
138- and a non-transplant anatomical donation organization [represented
139- on the board is treated with respect].
140- (c) Except as provided by Subsection (d), the commission may
141- not adopt a rule related to standards of practice, ethics,
142- qualifications, or disciplinary sanctions for institutions or
143- persons regulated under this chapter unless the advisory committee
144- first proposes the rule and the proposed rule is authorized by this
145- chapter. The commission may not modify a rule described by this
146- subsection that is proposed by the advisory committee. If the
147- commission declines to adopt a rule proposed by the advisory
148- committee, the commission shall return the rule to the advisory
149- committee with an explanation of the reasons the commission
150- declined to adopt the rule.
151- (d) The commission may, but is not required to, coordinate
152- with the advisory committee to adopt rules regarding non-transplant
153- anatomical donation organizations.
154- (e) The commission shall adopt rules, establish procedures,
117+ [represented on the board is treated with respect].
118+ (c) The commission may not adopt a rule related to standards
119+ of practice, ethics, qualifications, or disciplinary sanctions for
120+ institutions or persons regulated under this chapter before
121+ considering advice and recommendations from the advisory
122+ committee.
123+ (d) The commission shall adopt rules, establish procedures,
155124 and prescribe forms necessary to administer and enforce this
156125 chapter.
157126 SECTION 1.09. Section 691.0225, Health and Safety Code, is
158127 amended to read as follows:
159128 Sec. 691.0225. INFORMATIONAL DOCUMENT. The commission
160129 [board] shall develop a document to inform a person making a gift of
161130 a decedent's body or anatomical specimen for purposes of education,
162131 including forensic science education, or research of the risks and
163132 benefits associated with donation. The commission [board] shall
164133 make the document available on the commission's [board's] Internet
165134 website.
166135 SECTION 1.10. Section 691.023, Health and Safety Code, is
167136 amended to read as follows:
168137 Sec. 691.023. DUTY TO DELIVER CERTAIN BODIES TO COMMISSION
169138 [BOARD]. (a) An officer, employee, or representative of the state,
170139 of a political subdivision, or of an institution having charge or
171140 control of a body not claimed for burial or a body required to be
172141 buried at public expense shall:
173142 (1) notify the commission [board] or the commission's
174143 [board's] representative of the body's existence when the body
175144 comes into the person's possession, charge, or control if notified
176145 in writing to do so by the commission [board] or the commission's
177146 [board's] representative;
178147 (2) deliver the body in accordance with the direction
179148 of the commission [board]; and
180149 (3) allow the commission [board], the commission's
181150 [board's] representative, or a physician designated by the
182151 commission [board] who complies with this chapter to remove the
183152 body to be used for the advancement of medical or forensic science.
184153 (b) If the commission [board] does not require a political
185154 subdivision or agency of the political subdivision to deliver a
186155 body under this section, the political subdivision shall pay all
187156 costs of preparation for burial, including costs of embalming.
188157 SECTION 1.11. Section 691.025(c), Health and Safety Code,
189158 is amended to read as follows:
190159 (c) A body that is not claimed for burial within 48 hours
191160 after a relative receives notification shall be delivered as soon
192161 as possible to the commission [board] or the commission's [board's]
193162 representative.
194163 SECTION 1.12. Section 691.026, Health and Safety Code, is
195164 amended to read as follows:
196165 Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the
197166 body of a traveler who died suddenly, the commission [board] shall
198167 direct the institution or other person receiving the body to retain
199168 the body for six months for purposes of identification.
200169 SECTION 1.13. Section 691.027, Health and Safety Code, is
201170 amended to read as follows:
202171 Sec. 691.027. AUTOPSY. Only the commission [board] may
203172 grant permission to perform an autopsy on an unclaimed body. The
204173 commission [board] may grant permission after receiving a specific
205174 request for an autopsy that shows sufficient evidence of medical
206175 urgency.
207176 SECTION 1.14. Section 691.028(a), Health and Safety Code,
208177 is amended to read as follows:
209178 (a) An adult living in this state who is of sound mind may
210179 donate the adult's body by will or other written instrument to the
211- commission [board], a medical or dental school, a non-transplant
212- anatomical donation organization, or another donee authorized by
213- the commission [board,] to be used for the advancement of medical or
214- forensic science.
180+ commission [board], a medical or dental school, or another donee
181+ authorized by the commission [board,] to be used for the
182+ advancement of medical or forensic science.
215183 SECTION 1.15. Section 691.029, Health and Safety Code, is
216184 amended to read as follows:
217- Sec. 691.029. AUTHORITY TO RECEIVE, DISTRIBUTE, AND
218- TRANSFER [ACCEPT] BODIES OR ANATOMICAL SPECIMENS [FROM OUTSIDE THE
219- STATE]. The commission [board] may receive, distribute, and
220- transfer a body or anatomical specimen from inside or [a body
221- transported to the board from] outside this state.
185+ Sec. 691.029. AUTHORITY TO ACCEPT BODIES FROM OUTSIDE THE
186+ STATE. The commission [board] may receive a body transported to the
187+ commission [board] from outside this state.
222188 SECTION 1.16. Section 691.030, Health and Safety Code, is
223189 amended to read as follows:
224190 Sec. 691.030. COMMISSION'S [BOARD'S] AUTHORITY TO
225191 DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS. (a) The commission
226192 [board] or the commission's [board's] representative shall
227193 distribute bodies donated to it and may redistribute bodies donated
228194 to medical or dental schools or other donees authorized by the
229195 commission [board] to:
230196 (1) schools and colleges of chiropractic, osteopathy,
231197 medicine, or dentistry incorporated in this state;
232198 (2) forensic science programs;
233199 (3) search and rescue organizations or recovery teams
234200 that are recognized by the commission [board], are exempt from
235201 federal taxation under Section 501(c)(3), Internal Revenue Code of
236202 1986, and use human remains detection canines with the
237203 authorization of a local or county law enforcement agency;
238204 (4) physicians; and
239205 (5) other persons as provided by this section.
240206 (b) In making the distribution, the commission [board]
241207 shall give priority to the schools and colleges that need bodies for
242- lectures, labs, and demonstrations.
208+ lectures and demonstrations.
243209 (c) If the commission [board] has remaining bodies, the
244210 commission [board] or the commission's [board's] representative
245211 shall distribute or redistribute those bodies to the schools and
246212 colleges proportionately and equitably according to the number of
247213 students in each school or college receiving instruction or
248214 demonstration in normal or morbid anatomy and operative surgery.
249- The president of each university or dean of each school or college
250- shall certify that number to the commission [board] when required
251- by the commission [board].
215+ The dean of each school or college shall certify that number to the
216+ commission [board] when required by the commission [board].
252217 (d) The commission [board] may transport a body or
253218 anatomical specimen to an authorized recipient in another state if
254219 the commission [board] determines that the supply of bodies or
255220 anatomical specimens in this state exceeds the need for bodies or
256221 anatomical specimens in this state and if:
257222 (1) the deceased donated the deceased's [his] body in
258223 compliance with Section 691.028 and at the time of the donation
259224 authorized the commission [board] to transport the body outside
260225 this state; or
261226 (2) the body was donated in compliance with Chapter
262227 692A and the person authorized to make the donation under Section
263228 692A.009 authorized the commission [board] to transport the body
264229 outside this state.
265- (e) This section does not apply to a body donated to a
266- non-transplant anatomical donation organization.
267230 SECTION 1.17. Sections 691.031(a), (b), and (f), Health and
268231 Safety Code, are amended to read as follows:
269232 (a) The commission [board] shall adopt rules to ensure that:
270233 (1) each body or anatomical specimen received or
271- distributed under this chapter [by the board] is properly
272- transported;
234+ distributed by the commission [board] is properly transported;
273235 (2) a label with the statement "CONTENTS DERIVED FROM
274236 DONATED HUMAN TISSUE" is affixed to the container in which the body
275237 or anatomical specimen is transported; and
276238 (3) each person who has control or possession of a body
277239 or anatomical specimen:
278240 (A) satisfactorily completes the information
279241 required on a chain-of-custody form prescribed by the commission
280242 [board];
281243 (B) maintains a copy of the form for the person's
282244 records; and
283245 (C) transfers the form to any other person to
284246 whom control or possession of the body or anatomical specimen is
285247 transferred.
286248 (b) The commission [board] may employ a public carrier to
287249 transport bodies or anatomical specimens received or distributed by
288250 the commission [board].
289251 (f) The sender and receiver of each body or anatomical
290252 specimen shall file the records required under this section in
291253 accordance with commission [board] rules so that the commission
292254 [board] or a district or county attorney may inspect the records at
293255 any time.
294256 SECTION 1.18. Section 691.032, Health and Safety Code, is
295257 amended to read as follows:
296258 Sec. 691.032. COSTS OF DISTRIBUTION. A person or
297259 institution receiving a body or anatomical specimen under this
298260 chapter shall pay in a manner specified by the commission [board],
299261 or as otherwise agreed on, all costs incurred in distributing the
300262 body or anatomical specimen so that the state, a county, a
301263 municipality, or an officer, employee, or representative of the
302264 state, a county, or a municipality does not incur any expense.
303265 SECTION 1.19. Sections 691.033(a), (b), and (d), Health and
304266 Safety Code, are amended to read as follows:
305- (a) To further medical or forensic science, a willed body
306- program, non-transplant anatomical donation organization, [school,
307- college,] or other person designated by the commission [board] may
308- use, dissect, operate on, examine, and experiment on a body or
267+ (a) To further medical or forensic science, a school,
268+ college, or person designated by the commission [board] may use,
269+ dissect, operate on, examine, and experiment on a body or
309270 anatomical specimen distributed under this chapter.
310- (b) A willed body program, non-transplant anatomical
311- donation organization, [school, college,] or other person shall
312- keep a permanent record of each body or anatomical specimen
313- received from the commission [board] or the commission's [board's]
314- representative. The record must be sufficient to identify the body
315- or anatomical specimen and may be inspected by the commission
316- [board] or the commission's [board's] representative.
271+ (b) A school, college, or person shall keep a permanent
272+ record of each body or anatomical specimen received from the
273+ commission [board] or the commission's [board's] representative.
274+ The record must be sufficient to identify the body or anatomical
275+ specimen and may be inspected by the commission [board] or the
276+ commission's [board's] representative.
317277 (d) To aid prosecutions under Section 42.08, Penal Code, the
318278 commission [board] shall adopt rules that clearly state the
319279 activities that are authorized by the commission [board] in
320280 relation to the use or dissection of a body.
321281 SECTION 1.20. Section 691.034, Health and Safety Code, is
322282 amended to read as follows:
323283 Sec. 691.034. REGULATION OF PERSONS AND INSTITUTIONS USING
324284 BODIES AND ANATOMICAL SPECIMENS. (a) The commission [board] shall
325- inspect and may approve willed body programs, non-transplant
326- anatomical donation organizations, [institutions] and other
327- persons for the receipt and use of bodies and anatomical specimens
328- under this chapter.
329- (b) The commission [board] may investigate a willed body
330- program, non-transplant anatomical donation organization, or other
331- person [or institution] if the commission [board] has reason to
332- believe that the program, organization, or person [or institution]
333- has improperly used a body or anatomical specimen.
334- (c) The commission [board] may suspend or revoke a willed
335- body program's, non-transplant anatomical donation organization's,
336- or other person's [or institution's] authorization to receive and
337- use or dissect bodies or anatomical specimens if the commission
338- [board] determines that the program, organization, or person [or
339- institution] has improperly used a body or anatomical specimen.
340- (d) A willed body program, non-transplant anatomical
341- donation organization, or other person [or institution] is entitled
342- to a hearing before the commission [board] or a hearing examiner
343- appointed by the commission [board] before the commission [board]
344- may revoke the program's, organization's, or person's [or
345- institution's] authorization to receive and use or dissect bodies
346- or anatomical specimens. The commission [board] shall make all
347- final decisions to suspend or revoke an authorization.
348- SECTION 1.21. Subchapter A, Chapter 651, Occupations Code,
285+ inspect and may approve institutions and other persons for the
286+ receipt and use of bodies and anatomical specimens under this
287+ chapter.
288+ (a-1) Notwithstanding any other law, and except as provided
289+ by Section 691.0341, the commission may not regulate a willed body
290+ program that is operated by an organization accredited by the
291+ American Association of Tissue Banks.
292+ (b) The commission [board] may investigate a person or
293+ institution if the commission [board] has reason to believe that
294+ the person or institution has improperly used a body or anatomical
295+ specimen.
296+ (c) The commission [board] may suspend or revoke a person's
297+ or institution's authorization to receive and use or dissect bodies
298+ or anatomical specimens if the commission [board] determines that
299+ the person or institution has improperly used a body or anatomical
300+ specimen.
301+ (d) A person or institution is entitled to a hearing before
302+ the commission [board] or a hearing examiner appointed by the
303+ commission [board] before the commission [board] may revoke the
304+ person's or institution's authorization to receive and use or
305+ dissect bodies or anatomical specimens. The commission [board]
306+ shall make all final decisions to suspend or revoke an
307+ authorization.
308+ SECTION 1.21. Subchapter B, Chapter 691, Health and Safety
309+ Code, is amended by adding Section 691.0341 to read as follows:
310+ Sec. 691.0341. REQUIRED REGISTRATION OF CERTAIN WILLED BODY
311+ PROGRAMS. (a) A willed body program that is operated by an
312+ organization accredited by the American Association of Tissue Banks
313+ shall register with the commission.
314+ (b) The commission by rule shall develop a process for a
315+ willed body program described by Subsection (a) to register with
316+ the commission.
317+ SECTION 1.22. Subchapter A, Chapter 651, Occupations Code,
349318 is amended by adding Section 651.005 to read as follows:
350- Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS AND
351- NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS. The commission
352- shall regulate willed body programs and non-transplant anatomical
353- donation organizations as provided by Chapter 691, Health and
354- Safety Code, and in accordance with the powers and duties granted by
355- this chapter to the extent necessary to regulate the programs under
356- that chapter.
357- SECTION 1.22. The following provisions of the Health and
319+ Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS. The
320+ commission shall regulate willed body programs operated at an
321+ institution of higher education in this state as provided by
322+ Chapter 691, Health and Safety Code, and in accordance with the
323+ powers and duties granted by this chapter to the extent necessary to
324+ regulate the programs under that chapter.
325+ SECTION 1.23. The following provisions of the Health and
358326 Safety Code are repealed:
359327 (1) Section 691.003;
360328 (2) Section 691.004;
361329 (3) Section 691.005;
362330 (4) Section 691.006;
363331 (5) Sections 691.007(a), (b), and (d);
364332 (6) Sections 691.008(b) and (d);
365333 (7) the headings to Sections 691.007 and 691.008; and
366334 (8) Section 691.009.
367335 ARTICLE 2. CONFORMING AMENDMENTS
368336 SECTION 2.01. Article 43.25, Code of Criminal Procedure, is
369337 amended to read as follows:
370338 Art. 43.25. BODY OF CONVICT. The body of a convict who has
371339 been legally executed shall be embalmed immediately and so directed
372340 by the Director of the correctional institutions division of the
373341 Texas Department of Criminal Justice [Department of Corrections].
374342 If the body is not demanded or requested by a relative or bona fide
375343 friend within forty-eight hours after execution then it shall be
376344 delivered to the Texas Funeral Service Commission [Anatomical Board
377345 of the State of Texas], if requested by the commission [Board]. If
378346 the body is requested by a relative, a bona fide friend, or the
379347 Texas Funeral Service Commission [Anatomical Board of the State of
380348 Texas], such recipient shall pay a fee [of] not to exceed
381349 twenty-five dollars to the mortician for the mortician's [his]
382350 services in embalming the body for which the mortician shall issue
383351 to the recipient a written receipt. When such receipt is delivered
384352 to the Director of the correctional institutions division of the
385353 Texas Department of Criminal Justice [Department of Corrections],
386354 the body of the deceased shall be delivered to the party named in
387355 the receipt or the party's [his] authorized agent. If the body is
388356 not delivered to a relative, a bona fide friend, or the Texas
389357 Funeral Service Commission [Anatomical Board of the State of
390358 Texas], the Director of the correctional institutions division of
391359 the Texas Department of Criminal Justice [Department of
392360 Corrections] shall cause the body to be decently buried, and the fee
393361 for embalming shall be paid by the county in which the indictment
394362 which resulted in conviction was found.
395363 SECTION 2.02. Section 404.093(b), Government Code, is
396364 amended to read as follows:
397365 (b) This subchapter does not apply to:
398366 (1) funds pledged to the payment of bonds, notes, or
399367 other debts if the funds are not otherwise required to be deposited
400368 in the treasury;
401369 (2) funds held in trust or escrow for the benefit of a
402370 person or entity other than a state agency;
403371 (3) funds set apart out of earnings derived from
404372 investment of funds held in trust for others, as administrative
405373 expenses of the trustee agency; or
406374 (4) funds, grants, donations, and proceeds from funds,
407375 grants, and donations, given in trust to the Texas State Library and
408376 Archives Commission for the establishment and maintenance of
409377 regional historical resource depositories and libraries in
410378 accordance with Section 441.154[; or
411379 [(5) funds under the management of the
412380 secretary-treasurer of the Anatomical Board of the State of Texas,
413381 as provided by Section 691.008, Health and Safety Code].
414382 SECTION 2.03. Sections 692A.011(a), (b), and (c), Health and
415383 Safety Code, are amended to read as follows:
416384 (a) An anatomical gift may be made to the following persons
417385 named in the document of gift:
418386 (1) an organ procurement organization to be used for
419387 transplantation, therapy, research, or education;
420388 (2) a hospital to be used for research;
421389 (3) subject to Subsection (d), an individual
422390 designated by the person making the anatomical gift if the
423391 individual is the recipient of the part;
424392 (4) an eye bank or tissue bank, except that use of a
425- gift of a whole body must be coordinated through the Texas Funeral
426- Service Commission [Anatomical Board of the State of Texas];
393+ gift of a whole body to a tissue bank that is not accredited by the
394+ American Association of Tissue Banks must be coordinated through
395+ the Texas Funeral Service Commission [Anatomical Board of the State
396+ of Texas];
427397 (5) a forensic science program at:
428398 (A) a general academic teaching institution as
429399 defined by Section 61.003, Education Code; or
430400 (B) a private or independent institution of
431401 higher education as defined by Section 61.003, Education Code;
432402 (6) a search and rescue organization or recovery team
433403 that is recognized by the Texas Funeral Service Commission
434404 [Anatomical Board of the State of Texas], is exempt from federal
435405 taxation under Section 501(c)(3), Internal Revenue Code of 1986,
436406 and uses human remains detection canines with the authorization of
437407 a local or county law enforcement agency; or
438408 (7) the Texas Funeral Service Commission [Anatomical
439409 Board of the State of Texas].
440410 (b) Except for donations described by Subsections (a)(1)
441411 through (6), the Texas Funeral Service Commission [Anatomical Board
442412 of the State of Texas] shall be the donee of gifts of bodies or parts
443413 of bodies made for the purpose of education or research that are
444414 subject to distribution by the commission [board] under Chapter
445415 691.
446416 (c) A forensic science program that receives a donation
447417 under Subsection (a)(5) must submit a report to the Texas Funeral
448418 Service Commission [Anatomical Board of the State of Texas] on a
449419 quarterly basis that lists:
450420 (1) the number of bodies or parts of bodies that the
451421 program received; and
452422 (2) the method in which the program used the bodies or
453423 parts of bodies for education or research.
454424 ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
455425 SECTION 3.01. (a) The Anatomical Board of the State of Texas
456426 is abolished but continues in existence until September 1, 2022,
457427 for the sole purpose of transferring obligations, property, rights,
458428 powers, and duties to the Texas Funeral Service Commission. The
459429 Texas Funeral Service Commission assumes all of the obligations,
460430 property, rights, powers, and duties of the Anatomical Board of the
461431 State of Texas as they exist immediately before the effective date
462432 of this Act. All unexpended and unobligated funds under the
463433 management of the secretary-treasurer of the Anatomical Board of
464434 the State of Texas, as provided by Section 691.008, Health and
465435 Safety Code, as that section existed immediately before the
466436 effective date of this Act, are transferred to the general revenue
467437 fund for the purpose of the Texas Funeral Service Commission
468438 administering duties under Chapter 691, Health and Safety Code, as
469439 amended by this Act.
470440 (b) The Anatomical Board of the State of Texas and the Texas
471441 Funeral Service Commission shall, in consultation with appropriate
472442 state entities, ensure that the transfer of the obligations,
473443 property, rights, powers, and duties of the Anatomical Board of the
474444 State of Texas to the Texas Funeral Service Commission is completed
475445 not later than September 1, 2022.
476446 (c) All rules of the Anatomical Board of the State of Texas
477447 are continued in effect as rules of the Texas Funeral Service
478448 Commission until superseded by a rule of the Texas Funeral Service
479449 Commission. An authorization issued by the Anatomical Board of the
480450 State of Texas is continued in effect as provided by the law in
481451 effect immediately before the effective date of this Act. An
482452 authorization pending on the effective date of this Act is
483453 continued without change in status after the effective date of this
484454 Act. A complaint, investigation, or other proceeding pending on the
485455 effective date of this Act is continued without change in status
486456 after the effective date of this Act.
487457 (d) Unless the context indicates otherwise, a reference to
488458 the Anatomical Board of the State of Texas in a law or
489459 administrative rule means the Texas Funeral Service Commission.
490460 SECTION 3.02. (a) Not later than the 60th day after the
491461 effective date of this Act, the Texas Funeral Service Commission
492462 shall appoint members to the State Anatomical Advisory Committee in
493463 accordance with Section 691.002, Health and Safety Code, as amended
494464 by this Act.
495465 (b) The members of the Anatomical Board of the State of
496466 Texas whose terms expire under Section 3.01 of this Act shall
497467 continue to provide advice to the Texas Funeral Service Commission
498468 until a majority of the members of the State Anatomical Advisory
499469 Committee are appointed under Subsection (a) of this section and
500470 qualified. A member of the Anatomical Board of the State of Texas
501471 described by this subsection may be appointed to the State
502472 Anatomical Advisory Committee if the member is otherwise eligible
503473 for appointment under Section 691.002, Health and Safety Code, as
504474 amended by this Act.
505475 SECTION 3.03. This Act takes effect September 1, 2021.
506- * * * * *