1 | 1 | | 87R3201 EAS-D |
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2 | 2 | | By: Buckingham, et al. S.B. No. 701 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the continuation and transfer of the regulation of |
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8 | 8 | | willed body programs to the Texas Funeral Service Commission and to |
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9 | 9 | | the creation of the State Anatomical Advisory Committee; |
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10 | 10 | | authorizing a fee. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | ARTICLE 1. STATE ANATOMICAL ADVISORY COMMITTEE; TEXAS FUNERAL |
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13 | 13 | | SERVICE COMMISSION |
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14 | 14 | | SECTION 1.01. The heading to Chapter 691, Health and Safety |
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15 | 15 | | Code, is amended to read as follows: |
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16 | 16 | | CHAPTER 691. DONATION OF BODIES AND ANATOMICAL SPECIMENS |
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17 | 17 | | [ANATOMICAL BOARD OF THE STATE OF TEXAS] |
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18 | 18 | | SECTION 1.02. The heading to Subchapter A, Chapter 691, |
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19 | 19 | | Health and Safety Code, is amended to read as follows: |
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20 | 20 | | SUBCHAPTER A. GENERAL PROVISIONS; STATE [ORGANIZATION OF] |
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21 | 21 | | ANATOMICAL ADVISORY COMMITTEE [BOARD OF THE STATE OF TEXAS] |
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22 | 22 | | SECTION 1.03. Section 691.001, Health and Safety Code, is |
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23 | 23 | | amended by amending Subdivision (1) and adding Subdivisions (4) and |
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24 | 24 | | (5) to read as follows: |
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25 | 25 | | (1) "Advisory committee [Board]" means the State |
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26 | 26 | | Anatomical Advisory Committee [Board of the State of Texas]. |
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27 | 27 | | (4) "Commission" means the Texas Funeral Service |
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28 | 28 | | Commission. |
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29 | 29 | | (5) "Willed body program" means a program operated at |
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30 | 30 | | an institution of higher education in this state and approved by the |
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31 | 31 | | commission that allows a living individual to donate the |
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32 | 32 | | individual's body or anatomical specimen for educational or |
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33 | 33 | | research purposes. |
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34 | 34 | | SECTION 1.04. Section 691.002, Health and Safety Code, is |
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35 | 35 | | amended to read as follows: |
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36 | 36 | | Sec. 691.002. ADVISORY COMMITTEE [COMPOSITION OF BOARD]. |
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37 | 37 | | (a) The State Anatomical Advisory Committee is established to |
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38 | 38 | | advise the commission on matters related to the regulation and |
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39 | 39 | | operation of willed body programs in this state. |
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40 | 40 | | (b) The advisory committee is composed of representatives |
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41 | 41 | | appointed by the commission from institutions of higher education |
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42 | 42 | | that operate willed body programs [The Anatomical Board of the |
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43 | 43 | | State of Texas is composed of one representative from each school or |
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44 | 44 | | college of chiropractic, osteopathy, medicine, or dentistry |
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45 | 45 | | incorporated in this state]. |
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46 | 46 | | (c) Members of the advisory committee serve two-year terms |
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47 | 47 | | [(b) On March 1 of each odd-numbered year, the chief executive |
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48 | 48 | | officer of each institution described by Subsection (a) shall |
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49 | 49 | | appoint as the institution's representative on the board one |
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50 | 50 | | professor of surgery or of basic anatomical sciences who is |
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51 | 51 | | associated with the institution]. |
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52 | 52 | | (d) [(c)] Appointments to the advisory committee [board] |
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53 | 53 | | shall be made without regard to the race, creed, sex, religion, or |
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54 | 54 | | national origin of the appointees. |
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55 | 55 | | (e) Sections 2110.002 and 2110.008, Government Code, do not |
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56 | 56 | | apply to the advisory committee. |
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57 | 57 | | SECTION 1.05. Section 691.007(c), Health and Safety Code, |
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58 | 58 | | is redesignated as Section 691.011, Health and Safety Code, and |
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59 | 59 | | amended to read as follows: |
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60 | 60 | | Sec. 691.011. RECORDS. [(c)] The commission [board] shall |
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61 | 61 | | keep identification records of each body donated to the commission |
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62 | 62 | | [board] and of each body or anatomical specimen distributed by the |
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63 | 63 | | commission [board]. |
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64 | 64 | | SECTION 1.06. Section 691.008(a), Health and Safety Code, |
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65 | 65 | | is redesignated as Section 691.012, Health and Safety Code, and |
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66 | 66 | | amended to read as follows: |
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67 | 67 | | Sec. 691.012. FEES. [(a)] The commission [board] may set |
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68 | 68 | | and collect reasonable and necessary fees for: |
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69 | 69 | | (1) receiving and distributing bodies and anatomical |
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70 | 70 | | specimens; and |
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71 | 71 | | (2) conducting inspections of institutions or other |
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72 | 72 | | persons authorized to receive and use bodies or anatomical |
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73 | 73 | | specimens under this chapter. |
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74 | 74 | | SECTION 1.07. Section 691.010, Health and Safety Code, is |
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75 | 75 | | amended to read as follows: |
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76 | 76 | | Sec. 691.010. PUBLIC INFORMATION AND PARTICIPATION; |
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77 | 77 | | COMPLAINTS. (a) The commission [board] shall prepare information |
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78 | 78 | | of public interest describing the functions of the commission under |
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79 | 79 | | this chapter [board] and the commission's [board's] procedures by |
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80 | 80 | | which complaints are filed with and resolved by the commission |
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81 | 81 | | [board]. The commission [board] shall make the information |
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82 | 82 | | available to the public and appropriate state agencies. |
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83 | 83 | | (b) The commission [board] by rule shall establish methods |
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84 | 84 | | by which service recipients can be notified of the name, mailing |
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85 | 85 | | address, and telephone number of the commission [board] for the |
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86 | 86 | | purpose of directing complaints to the commission [board]. The |
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87 | 87 | | commission [board] may provide for that notification by including |
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88 | 88 | | the information on each written contract relating to bodies willed |
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89 | 89 | | or donated to an entity regulated by the commission [board] or |
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90 | 90 | | authorized by the commission [board] to receive bodies. |
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91 | 91 | | (c) The commission [board] shall keep an information file |
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92 | 92 | | about each complaint filed with the commission [board] relating to |
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93 | 93 | | its functions under this chapter. If a written complaint is filed |
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94 | 94 | | with the commission [board] relating to a person or an entity |
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95 | 95 | | regulated by the commission under this chapter [board], the |
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96 | 96 | | commission [board, at least as frequently as quarterly and until |
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97 | 97 | | final disposition of the complaint,] shall periodically notify the |
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98 | 98 | | parties to the complaint of the status of the complaint until final |
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99 | 99 | | disposition unless notice would jeopardize an undercover |
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100 | 100 | | investigation. |
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101 | 101 | | (d) The commission [board] shall develop and implement |
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102 | 102 | | policies that provide the public with a reasonable opportunity to |
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103 | 103 | | appear before the commission [board] and to speak on any issue under |
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104 | 104 | | the jurisdiction of the commission [board]. |
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105 | 105 | | SECTION 1.08. Section 691.022, Health and Safety Code, is |
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106 | 106 | | amended to read as follows: |
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107 | 107 | | Sec. 691.022. GENERAL DUTIES. (a) The commission [board] |
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108 | 108 | | shall distribute bodies and anatomical specimens to institutions of |
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109 | 109 | | higher education that operate willed body programs and other |
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110 | 110 | | institutions and persons authorized to receive a body or specimen |
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111 | 111 | | under this chapter [them]. |
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112 | 112 | | (b) The commission [board] shall adopt rules to ensure that |
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113 | 113 | | each body and anatomical specimen is treated with respect while in |
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114 | 114 | | the custody of the commission [board] or an institution or person |
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115 | 115 | | authorized to receive the body or specimen, including an |
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116 | 116 | | institution of higher education that operates a willed body program |
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117 | 117 | | [represented on the board is treated with respect]. |
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118 | 118 | | (c) The commission may not adopt a rule related to standards |
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119 | 119 | | of practice, ethics, qualifications, or disciplinary sanctions for |
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120 | 120 | | institutions or persons regulated under this chapter unless the |
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121 | 121 | | advisory committee first proposes the rule and the proposed rule is |
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122 | 122 | | authorized by this chapter. The commission may not modify a rule |
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123 | 123 | | described by this subsection that is proposed by the advisory |
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124 | 124 | | committee. If the commission declines to adopt a rule proposed by |
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125 | 125 | | the advisory committee, the commission shall return the rule to the |
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126 | 126 | | advisory committee with an explanation of the reasons the |
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127 | 127 | | commission declined to adopt the rule. |
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128 | 128 | | (d) The commission shall adopt rules, establish procedures, |
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129 | 129 | | and prescribe forms necessary to administer and enforce this |
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130 | 130 | | chapter. |
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131 | 131 | | SECTION 1.09. Section 691.0225, Health and Safety Code, is |
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132 | 132 | | amended to read as follows: |
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133 | 133 | | Sec. 691.0225. INFORMATIONAL DOCUMENT. The commission |
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134 | 134 | | [board] shall develop a document to inform a person making a gift of |
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135 | 135 | | a decedent's body or anatomical specimen for purposes of education, |
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136 | 136 | | including forensic science education, or research of the risks and |
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137 | 137 | | benefits associated with donation. The commission [board] shall |
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138 | 138 | | make the document available on the commission's [board's] Internet |
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139 | 139 | | website. |
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140 | 140 | | SECTION 1.10. Section 691.023, Health and Safety Code, is |
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141 | 141 | | amended to read as follows: |
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142 | 142 | | Sec. 691.023. DUTY TO DELIVER CERTAIN BODIES TO COMMISSION |
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143 | 143 | | [BOARD]. (a) An officer, employee, or representative of the state, |
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144 | 144 | | of a political subdivision, or of an institution having charge or |
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145 | 145 | | control of a body not claimed for burial or a body required to be |
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146 | 146 | | buried at public expense shall: |
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147 | 147 | | (1) notify the commission [board] or the commission's |
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148 | 148 | | [board's] representative of the body's existence when the body |
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149 | 149 | | comes into the person's possession, charge, or control if notified |
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150 | 150 | | in writing to do so by the commission [board] or the commission's |
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151 | 151 | | [board's] representative; |
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152 | 152 | | (2) deliver the body in accordance with the direction |
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153 | 153 | | of the commission [board]; and |
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154 | 154 | | (3) allow the commission [board], the commission's |
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155 | 155 | | [board's] representative, or a physician designated by the |
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156 | 156 | | commission [board] who complies with this chapter to remove the |
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157 | 157 | | body to be used for the advancement of medical or forensic science. |
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158 | 158 | | (b) If the commission [board] does not require a political |
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159 | 159 | | subdivision or agency of the political subdivision to deliver a |
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160 | 160 | | body under this section, the political subdivision shall pay all |
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161 | 161 | | costs of preparation for burial, including costs of embalming. |
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162 | 162 | | SECTION 1.11. Section 691.025(c), Health and Safety Code, |
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163 | 163 | | is amended to read as follows: |
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164 | 164 | | (c) A body that is not claimed for burial within 48 hours |
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165 | 165 | | after a relative receives notification shall be delivered as soon |
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166 | 166 | | as possible to the commission [board] or the commission's [board's] |
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167 | 167 | | representative. |
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168 | 168 | | SECTION 1.12. Section 691.026, Health and Safety Code, is |
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169 | 169 | | amended to read as follows: |
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170 | 170 | | Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the |
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171 | 171 | | body of a traveler who died suddenly, the commission [board] shall |
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172 | 172 | | direct the institution or other person receiving the body to retain |
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173 | 173 | | the body for six months for purposes of identification. |
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174 | 174 | | SECTION 1.13. Section 691.027, Health and Safety Code, is |
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175 | 175 | | amended to read as follows: |
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176 | 176 | | Sec. 691.027. AUTOPSY. Only the commission [board] may |
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177 | 177 | | grant permission to perform an autopsy on an unclaimed body. The |
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178 | 178 | | commission [board] may grant permission after receiving a specific |
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179 | 179 | | request for an autopsy that shows sufficient evidence of medical |
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180 | 180 | | urgency. |
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181 | 181 | | SECTION 1.14. Section 691.028(a), Health and Safety Code, |
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182 | 182 | | is amended to read as follows: |
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183 | 183 | | (a) An adult living in this state who is of sound mind may |
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184 | 184 | | donate the adult's body by will or other written instrument to the |
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185 | 185 | | commission [board], a medical or dental school, or another donee |
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186 | 186 | | authorized by the commission [board,] to be used for the |
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187 | 187 | | advancement of medical or forensic science. |
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188 | 188 | | SECTION 1.15. Section 691.029, Health and Safety Code, is |
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189 | 189 | | amended to read as follows: |
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190 | 190 | | Sec. 691.029. AUTHORITY TO ACCEPT BODIES FROM OUTSIDE THE |
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191 | 191 | | STATE. The commission [board] may receive a body transported to the |
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192 | 192 | | commission [board] from outside this state. |
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193 | 193 | | SECTION 1.16. Section 691.030, Health and Safety Code, is |
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194 | 194 | | amended to read as follows: |
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195 | 195 | | Sec. 691.030. COMMISSION'S [BOARD'S] AUTHORITY TO |
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196 | 196 | | DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS. (a) The commission |
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197 | 197 | | [board] or the commission's [board's] representative shall |
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198 | 198 | | distribute bodies donated to it and may redistribute bodies donated |
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199 | 199 | | to medical or dental schools or other donees authorized by the |
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200 | 200 | | commission [board] to: |
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201 | 201 | | (1) schools and colleges of chiropractic, osteopathy, |
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202 | 202 | | medicine, or dentistry incorporated in this state; |
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203 | 203 | | (2) forensic science programs; |
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204 | 204 | | (3) search and rescue organizations or recovery teams |
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205 | 205 | | that are recognized by the commission [board], are exempt from |
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206 | 206 | | federal taxation under Section 501(c)(3), Internal Revenue Code of |
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207 | 207 | | 1986, and use human remains detection canines with the |
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208 | 208 | | authorization of a local or county law enforcement agency; |
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209 | 209 | | (4) physicians; and |
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210 | 210 | | (5) other persons as provided by this section. |
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211 | 211 | | (b) In making the distribution, the commission [board] |
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212 | 212 | | shall give priority to the schools and colleges that need bodies for |
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213 | 213 | | lectures and demonstrations. |
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214 | 214 | | (c) If the commission [board] has remaining bodies, the |
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215 | 215 | | commission [board] or the commission's [board's] representative |
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216 | 216 | | shall distribute or redistribute those bodies to the schools and |
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217 | 217 | | colleges proportionately and equitably according to the number of |
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218 | 218 | | students in each school or college receiving instruction or |
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219 | 219 | | demonstration in normal or morbid anatomy and operative surgery. |
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220 | 220 | | The dean of each school or college shall certify that number to the |
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221 | 221 | | commission [board] when required by the commission [board]. |
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222 | 222 | | (d) The commission [board] may transport a body or |
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223 | 223 | | anatomical specimen to an authorized recipient in another state if |
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224 | 224 | | the commission [board] determines that the supply of bodies or |
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225 | 225 | | anatomical specimens in this state exceeds the need for bodies or |
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226 | 226 | | anatomical specimens in this state and if: |
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227 | 227 | | (1) the deceased donated the deceased's [his] body in |
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228 | 228 | | compliance with Section 691.028 and at the time of the donation |
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229 | 229 | | authorized the commission [board] to transport the body outside |
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230 | 230 | | this state; or |
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231 | 231 | | (2) the body was donated in compliance with Chapter |
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232 | 232 | | 692A and the person authorized to make the donation under Section |
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233 | 233 | | 692A.009 authorized the commission [board] to transport the body |
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234 | 234 | | outside this state. |
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235 | 235 | | SECTION 1.17. Sections 691.031(a), (b), and (f), Health and |
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236 | 236 | | Safety Code, are amended to read as follows: |
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237 | 237 | | (a) The commission [board] shall adopt rules to ensure that: |
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238 | 238 | | (1) each body or anatomical specimen received or |
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239 | 239 | | distributed by the commission [board] is properly transported; |
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240 | 240 | | (2) a label with the statement "CONTENTS DERIVED FROM |
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241 | 241 | | DONATED HUMAN TISSUE" is affixed to the container in which the body |
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242 | 242 | | or anatomical specimen is transported; and |
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243 | 243 | | (3) each person who has control or possession of a body |
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244 | 244 | | or anatomical specimen: |
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245 | 245 | | (A) satisfactorily completes the information |
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246 | 246 | | required on a chain-of-custody form prescribed by the commission |
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247 | 247 | | [board]; |
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248 | 248 | | (B) maintains a copy of the form for the person's |
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249 | 249 | | records; and |
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250 | 250 | | (C) transfers the form to any other person to |
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251 | 251 | | whom control or possession of the body or anatomical specimen is |
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252 | 252 | | transferred. |
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253 | 253 | | (b) The commission [board] may employ a public carrier to |
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254 | 254 | | transport bodies or anatomical specimens received or distributed by |
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255 | 255 | | the commission [board]. |
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256 | 256 | | (f) The sender and receiver of each body or anatomical |
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257 | 257 | | specimen shall file the records required under this section in |
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258 | 258 | | accordance with commission [board] rules so that the commission |
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259 | 259 | | [board] or a district or county attorney may inspect the records at |
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260 | 260 | | any time. |
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261 | 261 | | SECTION 1.18. Section 691.032, Health and Safety Code, is |
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262 | 262 | | amended to read as follows: |
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263 | 263 | | Sec. 691.032. COSTS OF DISTRIBUTION. A person or |
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264 | 264 | | institution receiving a body or anatomical specimen under this |
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265 | 265 | | chapter shall pay in a manner specified by the commission [board], |
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266 | 266 | | or as otherwise agreed on, all costs incurred in distributing the |
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267 | 267 | | body or anatomical specimen so that the state, a county, a |
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268 | 268 | | municipality, or an officer, employee, or representative of the |
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269 | 269 | | state, a county, or a municipality does not incur any expense. |
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270 | 270 | | SECTION 1.19. Sections 691.033(a), (b), and (d), Health and |
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271 | 271 | | Safety Code, are amended to read as follows: |
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272 | 272 | | (a) To further medical or forensic science, a school, |
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273 | 273 | | college, or person designated by the commission [board] may use, |
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274 | 274 | | dissect, operate on, examine, and experiment on a body or |
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275 | 275 | | anatomical specimen distributed under this chapter. |
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276 | 276 | | (b) A school, college, or person shall keep a permanent |
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277 | 277 | | record of each body or anatomical specimen received from the |
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278 | 278 | | commission [board] or the commission's [board's] representative. |
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279 | 279 | | The record must be sufficient to identify the body or anatomical |
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280 | 280 | | specimen and may be inspected by the commission [board] or the |
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281 | 281 | | commission's [board's] representative. |
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282 | 282 | | (d) To aid prosecutions under Section 42.08, Penal Code, the |
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283 | 283 | | commission [board] shall adopt rules that clearly state the |
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284 | 284 | | activities that are authorized by the commission [board] in |
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285 | 285 | | relation to the use or dissection of a body. |
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286 | 286 | | SECTION 1.20. Section 691.034, Health and Safety Code, is |
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287 | 287 | | amended to read as follows: |
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288 | 288 | | Sec. 691.034. REGULATION OF PERSONS AND INSTITUTIONS USING |
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289 | 289 | | BODIES AND ANATOMICAL SPECIMENS. (a) The commission [board] shall |
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290 | 290 | | inspect and may approve institutions and other persons for the |
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291 | 291 | | receipt and use of bodies and anatomical specimens under this |
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292 | 292 | | chapter. |
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293 | 293 | | (b) The commission [board] may investigate a person or |
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294 | 294 | | institution if the commission [board] has reason to believe that |
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295 | 295 | | the person or institution has improperly used a body or anatomical |
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296 | 296 | | specimen. |
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297 | 297 | | (c) The commission [board] may suspend or revoke a person's |
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298 | 298 | | or institution's authorization to receive and use or dissect bodies |
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299 | 299 | | or anatomical specimens if the commission [board] determines that |
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300 | 300 | | the person or institution has improperly used a body or anatomical |
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301 | 301 | | specimen. |
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302 | 302 | | (d) A person or institution is entitled to a hearing before |
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303 | 303 | | the commission [board] or a hearing examiner appointed by the |
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304 | 304 | | commission [board] before the commission [board] may revoke the |
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305 | 305 | | person's or institution's authorization to receive and use or |
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306 | 306 | | dissect bodies or anatomical specimens. The commission [board] |
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307 | 307 | | shall make all final decisions to suspend or revoke an |
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308 | 308 | | authorization. |
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309 | 309 | | SECTION 1.21. Subchapter A, Chapter 651, Occupations Code, |
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310 | 310 | | is amended by adding Section 651.005 to read as follows: |
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311 | 311 | | Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS. The |
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312 | 312 | | commission shall regulate willed body programs as provided by |
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313 | 313 | | Chapter 691, Health and Safety Code, and in accordance with the |
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314 | 314 | | powers and duties granted by this chapter to the extent necessary to |
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315 | 315 | | regulate the programs under that chapter. |
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316 | 316 | | SECTION 1.22. The following provisions of the Health and |
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317 | 317 | | Safety Code are repealed: |
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318 | 318 | | (1) Section 691.003; |
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319 | 319 | | (2) Section 691.004; |
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320 | 320 | | (3) Section 691.005; |
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321 | 321 | | (4) Section 691.006; |
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322 | 322 | | (5) Sections 691.007(a), (b), and (d); |
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323 | 323 | | (6) Sections 691.008(b) and (d); |
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324 | 324 | | (7) the headings to Sections 691.007 and 691.008; and |
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325 | 325 | | (8) Section 691.009. |
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326 | 326 | | ARTICLE 2. CONFORMING AMENDMENTS |
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327 | 327 | | SECTION 2.01. Article 43.25, Code of Criminal Procedure, is |
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328 | 328 | | amended to read as follows: |
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329 | 329 | | Art. 43.25. BODY OF CONVICT. The body of a convict who has |
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330 | 330 | | been legally executed shall be embalmed immediately and so directed |
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331 | 331 | | by the Director of the correctional institutions division of the |
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332 | 332 | | Texas Department of Criminal Justice [Department of Corrections]. |
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333 | 333 | | If the body is not demanded or requested by a relative or bona fide |
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334 | 334 | | friend within forty-eight hours after execution then it shall be |
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335 | 335 | | delivered to the Texas Funeral Service Commission [Anatomical Board |
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336 | 336 | | of the State of Texas], if requested by the commission [Board]. If |
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337 | 337 | | the body is requested by a relative, a bona fide friend, or the |
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338 | 338 | | Texas Funeral Service Commission [Anatomical Board of the State of |
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339 | 339 | | Texas], such recipient shall pay a fee [of] not to exceed |
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340 | 340 | | twenty-five dollars to the mortician for the mortician's [his] |
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341 | 341 | | services in embalming the body for which the mortician shall issue |
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342 | 342 | | to the recipient a written receipt. When such receipt is delivered |
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343 | 343 | | to the Director of the correctional institutions division of the |
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344 | 344 | | Texas Department of Criminal Justice [Department of Corrections], |
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345 | 345 | | the body of the deceased shall be delivered to the party named in |
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346 | 346 | | the receipt or the party's [his] authorized agent. If the body is |
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347 | 347 | | not delivered to a relative, a bona fide friend, or the Texas |
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348 | 348 | | Funeral Service Commission [Anatomical Board of the State of |
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349 | 349 | | Texas], the Director of the correctional institutions division of |
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350 | 350 | | the Texas Department of Criminal Justice [Department of |
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351 | 351 | | Corrections] shall cause the body to be decently buried, and the fee |
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352 | 352 | | for embalming shall be paid by the county in which the indictment |
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353 | 353 | | which resulted in conviction was found. |
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354 | 354 | | SECTION 2.02. Section 404.093(b), Government Code, is |
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355 | 355 | | amended to read as follows: |
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356 | 356 | | (b) This subchapter does not apply to: |
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357 | 357 | | (1) funds pledged to the payment of bonds, notes, or |
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358 | 358 | | other debts if the funds are not otherwise required to be deposited |
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359 | 359 | | in the treasury; |
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360 | 360 | | (2) funds held in trust or escrow for the benefit of a |
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361 | 361 | | person or entity other than a state agency; |
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362 | 362 | | (3) funds set apart out of earnings derived from |
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363 | 363 | | investment of funds held in trust for others, as administrative |
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364 | 364 | | expenses of the trustee agency; or |
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365 | 365 | | (4) funds, grants, donations, and proceeds from funds, |
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366 | 366 | | grants, and donations, given in trust to the Texas State Library and |
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367 | 367 | | Archives Commission for the establishment and maintenance of |
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368 | 368 | | regional historical resource depositories and libraries in |
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369 | 369 | | accordance with Section 441.154[; or |
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370 | 370 | | [(5) funds under the management of the |
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371 | 371 | | secretary-treasurer of the Anatomical Board of the State of Texas, |
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372 | 372 | | as provided by Section 691.008, Health and Safety Code]. |
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373 | 373 | | SECTION 2.03. Sections 692A.011(a), (b), and (c), Health and |
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374 | 374 | | Safety Code, are amended to read as follows: |
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375 | 375 | | (a) An anatomical gift may be made to the following persons |
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376 | 376 | | named in the document of gift: |
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377 | 377 | | (1) an organ procurement organization to be used for |
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378 | 378 | | transplantation, therapy, research, or education; |
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379 | 379 | | (2) a hospital to be used for research; |
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380 | 380 | | (3) subject to Subsection (d), an individual |
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381 | 381 | | designated by the person making the anatomical gift if the |
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382 | 382 | | individual is the recipient of the part; |
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383 | 383 | | (4) an eye bank or tissue bank, except that use of a |
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384 | 384 | | gift of a whole body must be coordinated through the Texas Funeral |
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385 | 385 | | Service Commission [Anatomical Board of the State of Texas]; |
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386 | 386 | | (5) a forensic science program at: |
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387 | 387 | | (A) a general academic teaching institution as |
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388 | 388 | | defined by Section 61.003, Education Code; or |
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389 | 389 | | (B) a private or independent institution of |
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390 | 390 | | higher education as defined by Section 61.003, Education Code; |
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391 | 391 | | (6) a search and rescue organization or recovery team |
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392 | 392 | | that is recognized by the Texas Funeral Service Commission |
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393 | 393 | | [Anatomical Board of the State of Texas], is exempt from federal |
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394 | 394 | | taxation under Section 501(c)(3), Internal Revenue Code of 1986, |
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395 | 395 | | and uses human remains detection canines with the authorization of |
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396 | 396 | | a local or county law enforcement agency; or |
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397 | 397 | | (7) the Texas Funeral Service Commission [Anatomical |
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398 | 398 | | Board of the State of Texas]. |
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399 | 399 | | (b) Except for donations described by Subsections (a)(1) |
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400 | 400 | | through (6), the Texas Funeral Service Commission [Anatomical Board |
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401 | 401 | | of the State of Texas] shall be the donee of gifts of bodies or parts |
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402 | 402 | | of bodies made for the purpose of education or research that are |
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403 | 403 | | subject to distribution by the commission [board] under Chapter |
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404 | 404 | | 691. |
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405 | 405 | | (c) A forensic science program that receives a donation |
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406 | 406 | | under Subsection (a)(5) must submit a report to the Texas Funeral |
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407 | 407 | | Service Commission [Anatomical Board of the State of Texas] on a |
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408 | 408 | | quarterly basis that lists: |
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409 | 409 | | (1) the number of bodies or parts of bodies that the |
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410 | 410 | | program received; and |
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411 | 411 | | (2) the method in which the program used the bodies or |
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412 | 412 | | parts of bodies for education or research. |
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413 | 413 | | ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE |
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414 | 414 | | SECTION 3.01. (a) The Anatomical Board of the State of Texas |
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415 | 415 | | is abolished but continues in existence until September 1, 2022, |
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416 | 416 | | for the sole purpose of transferring obligations, property, rights, |
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417 | 417 | | powers, and duties to the Texas Funeral Service Commission. The |
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418 | 418 | | Texas Funeral Service Commission assumes all of the obligations, |
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419 | 419 | | property, rights, powers, and duties of the Anatomical Board of the |
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420 | 420 | | State of Texas as they exist immediately before the effective date |
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421 | 421 | | of this Act. All unexpended and unobligated funds under the |
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422 | 422 | | management of the secretary-treasurer of the Anatomical Board of |
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423 | 423 | | the State of Texas, as provided by Section 691.008, Health and |
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424 | 424 | | Safety Code, as that section existed immediately before the |
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425 | 425 | | effective date of this Act, are transferred to the general revenue |
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426 | 426 | | fund for the purpose of the Texas Funeral Service Commission |
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427 | 427 | | administering duties under Chapter 691, Health and Safety Code, as |
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428 | 428 | | amended by this Act. |
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429 | 429 | | (b) The Anatomical Board of the State of Texas and the Texas |
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430 | 430 | | Funeral Service Commission shall, in consultation with appropriate |
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431 | 431 | | state entities, ensure that the transfer of the obligations, |
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432 | 432 | | property, rights, powers, and duties of the Anatomical Board of the |
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433 | 433 | | State of Texas to the Texas Funeral Service Commission is completed |
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434 | 434 | | not later than September 1, 2022. |
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435 | 435 | | (c) All rules of the Anatomical Board of the State of Texas |
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436 | 436 | | are continued in effect as rules of the Texas Funeral Service |
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437 | 437 | | Commission until superseded by a rule of the Texas Funeral Service |
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438 | 438 | | Commission. An authorization issued by the Anatomical Board of the |
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439 | 439 | | State of Texas is continued in effect as provided by the law in |
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440 | 440 | | effect immediately before the effective date of this Act. An |
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441 | 441 | | authorization pending on the effective date of this Act is |
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442 | 442 | | continued without change in status after the effective date of this |
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443 | 443 | | Act. A complaint, investigation, or other proceeding pending on the |
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444 | 444 | | effective date of this Act is continued without change in status |
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445 | 445 | | after the effective date of this Act. |
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446 | 446 | | (d) Unless the context indicates otherwise, a reference to |
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447 | 447 | | the Anatomical Board of the State of Texas in a law or |
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448 | 448 | | administrative rule means the Texas Funeral Service Commission. |
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449 | 449 | | SECTION 3.02. (a) Not later than the 60th day after the |
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450 | 450 | | effective date of this Act, the Texas Funeral Service Commission |
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451 | 451 | | shall appoint members to the State Anatomical Advisory Committee in |
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452 | 452 | | accordance with Section 691.002, Health and Safety Code, as amended |
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453 | 453 | | by this Act. |
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454 | 454 | | (b) The members of the Anatomical Board of the State of |
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455 | 455 | | Texas whose terms expire under Section 3.01 of this Act shall |
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456 | 456 | | continue to provide advice to the Texas Funeral Service Commission |
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457 | 457 | | until a majority of the members of the State Anatomical Advisory |
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458 | 458 | | Committee are appointed under Subsection (a) of this section and |
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459 | 459 | | qualified. A member of the Anatomical Board of the State of Texas |
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460 | 460 | | described by this subsection may be appointed to the State |
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461 | 461 | | Anatomical Advisory Committee if the member is otherwise eligible |
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462 | 462 | | for appointment under Section 691.002, Health and Safety Code, as |
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463 | 463 | | amended by this Act. |
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464 | 464 | | SECTION 3.03. This Act takes effect September 1, 2021. |
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