Texas 2021 - 87th Regular

Texas House Bill HB2697 Compare Versions

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

Old	New	Differences
1	1	By: Moody H.B. No. 2697
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the making of an anatomical gift.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 692A.005(b), Health and Safety Code, is
9	9	amended to read as follows:
10	10	(b) A donor or other person authorized to make an anatomical
11	11	gift under Section 692A.004 may make a gift by a donor card or other
12	12	record signed by the donor or other person making the gift or by
13	13	authorizing that a statement or symbol indicating the donor has
14	14	made an anatomical gift be included on a donor registry. If the
15	15	donor or other person is physically unable to sign a record, the
16	16	record may be signed by another individual at the direction of the
17	17	donor or other person and must:
18	18	(1) be witnessed by at least two adults, at least one
19	19	of whom is a disinterested witness, who have signed at the request
20	20	of the donor or the other person, or be acknowledged before a notary
21	21	public; and
22	22	(2) state that the record has been signed and
23	23	witnessed or acknowledged as provided in Subdivision (1).
24	24	SECTION 2. Section 692A.005(e), Health and Safety Code, is
25	25	added to read as follows:
26	26	(e) An anatomical gift made through an online donor registry
27	27	does not require any witnesses or the consent of any person. The
28	28	online registration is a document of gift under this chapter and
29	29	remains binding after the donor's death unless amended or revoked
30	30	by the donor.
31	31	SECTION 3. Section 692A.006(b), Health and Safety Code, is
32	32	amended to read as follows:
33	33	(b) A record signed pursuant to Subsection (a)(1)(C) must:
34	34	(1) be witnessed by at least two adults, at least one
35	35	of whom is a disinterested witness, who have signed at the request
36	36	of the donor or the other person, or be acknowledged before a notary
37	37	public; and
38	38	(2) state that the record has been signed and
39	39	witnessed or acknowledged as provided in Subdivision (1).
40	40	SECTION 4. Section 692A.007(b), Health and Safety Code, is
41	41	amended to read as follows:
42	42	(b) A record signed pursuant to Subsection (a)(1)(B) must:
43	43	(1) be witnessed by at least two adults, at least one
44	44	of whom is a disinterested witness, who have signed at the request
45	45	of the individual, or be acknowledged before a notary public; and
46	46	(2) state that the record has been signed and
47	47	witnessed or acknowledged as provided in Subdivision (1).
48	48	SECTION 5. Chapter 692, Health and Safety Code, is
49	49	repealed.
50	50	SECTION 6. Sections 692A.005, 692A.006, and 692A.007,
51	51	Health and Safety Code, as amended by this Act, apply only to the
52	52	validity of a record executed on or after the effective date of this
53	53	Act. The validity of a record executed before the effective date of
54	54	this Act is governed by the law in effect on the date the record was
55	55	executed, and that law continues in effect for that purpose.
56	56	SECTION 7. (a) Except as otherwise provided in this
57	57	section, the changes in law made by this Act apply to:
58	58	(1) a record described by Section 692A.005, 692A.006,
59	59	or 692A.007, Health and Safety Code, as amended by this Act, created
60	60	before, on, or after the effective date of this Act; and
61	61	(2) a judicial proceeding concerning a record
62	62	described by Subdivision (1) of this subsection that:
63	63	(A) commences on or after the effective date of
64	64	this Act; or
65	65	(B) is pending on the effective date of this Act.
66	66	(b) If the court finds that application of a provision of
67	67	this Act would substantially interfere with the effective conduct
68	68	of a judicial proceeding concerning a record described by
69	69	Subsection (a)(1) of this section that is pending on the effective
70	70	date of this Act or prejudice the rights of a party to the
71	71	proceeding, the provision of this Act does not apply, and the law in
72	72	effect immediately before the effective date of this Act applies in
73	73	those circumstances.
74	74	SECTION 8. This Act takes effect September 1, 2021.