Texas 2021 - 87th Regular

Texas Senate Bill SB701 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 87R3201 EAS-D
22 By: Buckingham, et al. S.B. No. 701
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the continuation and transfer of the regulation of
88 willed body programs to the Texas Funeral Service Commission and to
99 the creation of the State Anatomical Advisory Committee;
1010 authorizing a fee.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 ARTICLE 1. STATE ANATOMICAL ADVISORY COMMITTEE; TEXAS FUNERAL
1313 SERVICE COMMISSION
1414 SECTION 1.01. The heading to Chapter 691, Health and Safety
1515 Code, is amended to read as follows:
1616 CHAPTER 691. DONATION OF BODIES AND ANATOMICAL SPECIMENS
1717 [ANATOMICAL BOARD OF THE STATE OF TEXAS]
1818 SECTION 1.02. The heading to Subchapter A, Chapter 691,
1919 Health and Safety Code, is amended to read as follows:
2020 SUBCHAPTER A. GENERAL PROVISIONS; STATE [ORGANIZATION OF]
2121 ANATOMICAL ADVISORY COMMITTEE [BOARD OF THE STATE OF TEXAS]
2222 SECTION 1.03. Section 691.001, Health and Safety Code, is
2323 amended by amending Subdivision (1) and adding Subdivisions (4) and
2424 (5) to read as follows:
2525 (1) "Advisory committee [Board]" means the State
2626 Anatomical Advisory Committee [Board of the State of Texas].
2727 (4) "Commission" means the Texas Funeral Service
2828 Commission.
2929 (5) "Willed body program" means a program operated at
3030 an institution of higher education in this state and approved by the
3131 commission that allows a living individual to donate the
3232 individual's body or anatomical specimen for educational or
3333 research purposes.
3434 SECTION 1.04. Section 691.002, Health and Safety Code, is
3535 amended to read as follows:
3636 Sec. 691.002. ADVISORY COMMITTEE [COMPOSITION OF BOARD].
3737 (a) The State Anatomical Advisory Committee is established to
3838 advise the commission on matters related to the regulation and
3939 operation of willed body programs in this state.
4040 (b) The advisory committee is composed of representatives
4141 appointed by the commission from institutions of higher education
4242 that operate willed body programs [The Anatomical Board of the
4343 State of Texas is composed of one representative from each school or
4444 college of chiropractic, osteopathy, medicine, or dentistry
4545 incorporated in this state].
4646 (c) Members of the advisory committee serve two-year terms
4747 [(b) On March 1 of each odd-numbered year, the chief executive
4848 officer of each institution described by Subsection (a) shall
4949 appoint as the institution's representative on the board one
5050 professor of surgery or of basic anatomical sciences who is
5151 associated with the institution].
5252 (d) [(c)] Appointments to the advisory committee [board]
5353 shall be made without regard to the race, creed, sex, religion, or
5454 national origin of the appointees.
5555 (e) Sections 2110.002 and 2110.008, Government Code, do not
5656 apply to the advisory committee.
5757 SECTION 1.05. Section 691.007(c), Health and Safety Code,
5858 is redesignated as Section 691.011, Health and Safety Code, and
5959 amended to read as follows:
6060 Sec. 691.011. RECORDS. [(c)] The commission [board] shall
6161 keep identification records of each body donated to the commission
6262 [board] and of each body or anatomical specimen distributed by the
6363 commission [board].
6464 SECTION 1.06. Section 691.008(a), Health and Safety Code,
6565 is redesignated as Section 691.012, Health and Safety Code, and
6666 amended to read as follows:
6767 Sec. 691.012. FEES. [(a)] The commission [board] may set
6868 and collect reasonable and necessary fees for:
6969 (1) receiving and distributing bodies and anatomical
7070 specimens; and
7171 (2) conducting inspections of institutions or other
7272 persons authorized to receive and use bodies or anatomical
7373 specimens under this chapter.
7474 SECTION 1.07. Section 691.010, Health and Safety Code, is
7575 amended to read as follows:
7676 Sec. 691.010. PUBLIC INFORMATION AND PARTICIPATION;
7777 COMPLAINTS. (a) The commission [board] shall prepare information
7878 of public interest describing the functions of the commission under
7979 this chapter [board] and the commission's [board's] procedures by
8080 which complaints are filed with and resolved by the commission
8181 [board]. The commission [board] shall make the information
8282 available to the public and appropriate state agencies.
8383 (b) The commission [board] by rule shall establish methods
8484 by which service recipients can be notified of the name, mailing
8585 address, and telephone number of the commission [board] for the
8686 purpose of directing complaints to the commission [board]. The
8787 commission [board] may provide for that notification by including
8888 the information on each written contract relating to bodies willed
8989 or donated to an entity regulated by the commission [board] or
9090 authorized by the commission [board] to receive bodies.
9191 (c) The commission [board] shall keep an information file
9292 about each complaint filed with the commission [board] relating to
9393 its functions under this chapter. If a written complaint is filed
9494 with the commission [board] relating to a person or an entity
9595 regulated by the commission under this chapter [board], the
9696 commission [board, at least as frequently as quarterly and until
9797 final disposition of the complaint,] shall periodically notify the
9898 parties to the complaint of the status of the complaint until final
9999 disposition unless notice would jeopardize an undercover
100100 investigation.
101101 (d) The commission [board] shall develop and implement
102102 policies that provide the public with a reasonable opportunity to
103103 appear before the commission [board] and to speak on any issue under
104104 the jurisdiction of the commission [board].
105105 SECTION 1.08. Section 691.022, Health and Safety Code, is
106106 amended to read as follows:
107107 Sec. 691.022. GENERAL DUTIES. (a) The commission [board]
108108 shall distribute bodies and anatomical specimens to institutions of
109109 higher education that operate willed body programs and other
110110 institutions and persons authorized to receive a body or specimen
111111 under this chapter [them].
112112 (b) The commission [board] shall adopt rules to ensure that
113113 each body and anatomical specimen is treated with respect while in
114114 the custody of the commission [board] or an institution or person
115115 authorized to receive the body or specimen, including an
116116 institution of higher education that operates a willed body program
117117 [represented on the board is treated with respect].
118118 (c) The commission may not adopt a rule related to standards
119119 of practice, ethics, qualifications, or disciplinary sanctions for
120120 institutions or persons regulated under this chapter unless the
121121 advisory committee first proposes the rule and the proposed rule is
122122 authorized by this chapter. The commission may not modify a rule
123123 described by this subsection that is proposed by the advisory
124124 committee. If the commission declines to adopt a rule proposed by
125125 the advisory committee, the commission shall return the rule to the
126126 advisory committee with an explanation of the reasons the
127127 commission declined to adopt the rule.
128128 (d) The commission shall adopt rules, establish procedures,
129129 and prescribe forms necessary to administer and enforce this
130130 chapter.
131131 SECTION 1.09. Section 691.0225, Health and Safety Code, is
132132 amended to read as follows:
133133 Sec. 691.0225. INFORMATIONAL DOCUMENT. The commission
134134 [board] shall develop a document to inform a person making a gift of
135135 a decedent's body or anatomical specimen for purposes of education,
136136 including forensic science education, or research of the risks and
137137 benefits associated with donation. The commission [board] shall
138138 make the document available on the commission's [board's] Internet
139139 website.
140140 SECTION 1.10. Section 691.023, Health and Safety Code, is
141141 amended to read as follows:
142142 Sec. 691.023. DUTY TO DELIVER CERTAIN BODIES TO COMMISSION
143143 [BOARD]. (a) An officer, employee, or representative of the state,
144144 of a political subdivision, or of an institution having charge or
145145 control of a body not claimed for burial or a body required to be
146146 buried at public expense shall:
147147 (1) notify the commission [board] or the commission's
148148 [board's] representative of the body's existence when the body
149149 comes into the person's possession, charge, or control if notified
150150 in writing to do so by the commission [board] or the commission's
151151 [board's] representative;
152152 (2) deliver the body in accordance with the direction
153153 of the commission [board]; and
154154 (3) allow the commission [board], the commission's
155155 [board's] representative, or a physician designated by the
156156 commission [board] who complies with this chapter to remove the
157157 body to be used for the advancement of medical or forensic science.
158158 (b) If the commission [board] does not require a political
159159 subdivision or agency of the political subdivision to deliver a
160160 body under this section, the political subdivision shall pay all
161161 costs of preparation for burial, including costs of embalming.
162162 SECTION 1.11. Section 691.025(c), Health and Safety Code,
163163 is amended to read as follows:
164164 (c) A body that is not claimed for burial within 48 hours
165165 after a relative receives notification shall be delivered as soon
166166 as possible to the commission [board] or the commission's [board's]
167167 representative.
168168 SECTION 1.12. Section 691.026, Health and Safety Code, is
169169 amended to read as follows:
170170 Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the
171171 body of a traveler who died suddenly, the commission [board] shall
172172 direct the institution or other person receiving the body to retain
173173 the body for six months for purposes of identification.
174174 SECTION 1.13. Section 691.027, Health and Safety Code, is
175175 amended to read as follows:
176176 Sec. 691.027. AUTOPSY. Only the commission [board] may
177177 grant permission to perform an autopsy on an unclaimed body. The
178178 commission [board] may grant permission after receiving a specific
179179 request for an autopsy that shows sufficient evidence of medical
180180 urgency.
181181 SECTION 1.14. Section 691.028(a), Health and Safety Code,
182182 is amended to read as follows:
183183 (a) An adult living in this state who is of sound mind may
184184 donate the adult's body by will or other written instrument to the
185185 commission [board], a medical or dental school, or another donee
186186 authorized by the commission [board,] to be used for the
187187 advancement of medical or forensic science.
188188 SECTION 1.15. Section 691.029, Health and Safety Code, is
189189 amended to read as follows:
190190 Sec. 691.029. AUTHORITY TO ACCEPT BODIES FROM OUTSIDE THE
191191 STATE. The commission [board] may receive a body transported to the
192192 commission [board] from outside this state.
193193 SECTION 1.16. Section 691.030, Health and Safety Code, is
194194 amended to read as follows:
195195 Sec. 691.030. COMMISSION'S [BOARD'S] AUTHORITY TO
196196 DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS. (a) The commission
197197 [board] or the commission's [board's] representative shall
198198 distribute bodies donated to it and may redistribute bodies donated
199199 to medical or dental schools or other donees authorized by the
200200 commission [board] to:
201201 (1) schools and colleges of chiropractic, osteopathy,
202202 medicine, or dentistry incorporated in this state;
203203 (2) forensic science programs;
204204 (3) search and rescue organizations or recovery teams
205205 that are recognized by the commission [board], are exempt from
206206 federal taxation under Section 501(c)(3), Internal Revenue Code of
207207 1986, and use human remains detection canines with the
208208 authorization of a local or county law enforcement agency;
209209 (4) physicians; and
210210 (5) other persons as provided by this section.
211211 (b) In making the distribution, the commission [board]
212212 shall give priority to the schools and colleges that need bodies for
213213 lectures and demonstrations.
214214 (c) If the commission [board] has remaining bodies, the
215215 commission [board] or the commission's [board's] representative
216216 shall distribute or redistribute those bodies to the schools and
217217 colleges proportionately and equitably according to the number of
218218 students in each school or college receiving instruction or
219219 demonstration in normal or morbid anatomy and operative surgery.
220220 The dean of each school or college shall certify that number to the
221221 commission [board] when required by the commission [board].
222222 (d) The commission [board] may transport a body or
223223 anatomical specimen to an authorized recipient in another state if
224224 the commission [board] determines that the supply of bodies or
225225 anatomical specimens in this state exceeds the need for bodies or
226226 anatomical specimens in this state and if:
227227 (1) the deceased donated the deceased's [his] body in
228228 compliance with Section 691.028 and at the time of the donation
229229 authorized the commission [board] to transport the body outside
230230 this state; or
231231 (2) the body was donated in compliance with Chapter
232232 692A and the person authorized to make the donation under Section
233233 692A.009 authorized the commission [board] to transport the body
234234 outside this state.
235235 SECTION 1.17. Sections 691.031(a), (b), and (f), Health and
236236 Safety Code, are amended to read as follows:
237237 (a) The commission [board] shall adopt rules to ensure that:
238238 (1) each body or anatomical specimen received or
239239 distributed by the commission [board] is properly transported;
240240 (2) a label with the statement "CONTENTS DERIVED FROM
241241 DONATED HUMAN TISSUE" is affixed to the container in which the body
242242 or anatomical specimen is transported; and
243243 (3) each person who has control or possession of a body
244244 or anatomical specimen:
245245 (A) satisfactorily completes the information
246246 required on a chain-of-custody form prescribed by the commission
247247 [board];
248248 (B) maintains a copy of the form for the person's
249249 records; and
250250 (C) transfers the form to any other person to
251251 whom control or possession of the body or anatomical specimen is
252252 transferred.
253253 (b) The commission [board] may employ a public carrier to
254254 transport bodies or anatomical specimens received or distributed by
255255 the commission [board].
256256 (f) The sender and receiver of each body or anatomical
257257 specimen shall file the records required under this section in
258258 accordance with commission [board] rules so that the commission
259259 [board] or a district or county attorney may inspect the records at
260260 any time.
261261 SECTION 1.18. Section 691.032, Health and Safety Code, is
262262 amended to read as follows:
263263 Sec. 691.032. COSTS OF DISTRIBUTION. A person or
264264 institution receiving a body or anatomical specimen under this
265265 chapter shall pay in a manner specified by the commission [board],
266266 or as otherwise agreed on, all costs incurred in distributing the
267267 body or anatomical specimen so that the state, a county, a
268268 municipality, or an officer, employee, or representative of the
269269 state, a county, or a municipality does not incur any expense.
270270 SECTION 1.19. Sections 691.033(a), (b), and (d), Health and
271271 Safety Code, are amended to read as follows:
272272 (a) To further medical or forensic science, a school,
273273 college, or person designated by the commission [board] may use,
274274 dissect, operate on, examine, and experiment on a body or
275275 anatomical specimen distributed under this chapter.
276276 (b) A school, college, or person shall keep a permanent
277277 record of each body or anatomical specimen received from the
278278 commission [board] or the commission's [board's] representative.
279279 The record must be sufficient to identify the body or anatomical
280280 specimen and may be inspected by the commission [board] or the
281281 commission's [board's] representative.
282282 (d) To aid prosecutions under Section 42.08, Penal Code, the
283283 commission [board] shall adopt rules that clearly state the
284284 activities that are authorized by the commission [board] in
285285 relation to the use or dissection of a body.
286286 SECTION 1.20. Section 691.034, Health and Safety Code, is
287287 amended to read as follows:
288288 Sec. 691.034. REGULATION OF PERSONS AND INSTITUTIONS USING
289289 BODIES AND ANATOMICAL SPECIMENS. (a) The commission [board] shall
290290 inspect and may approve institutions and other persons for the
291291 receipt and use of bodies and anatomical specimens under this
292292 chapter.
293293 (b) The commission [board] may investigate a person or
294294 institution if the commission [board] has reason to believe that
295295 the person or institution has improperly used a body or anatomical
296296 specimen.
297297 (c) The commission [board] may suspend or revoke a person's
298298 or institution's authorization to receive and use or dissect bodies
299299 or anatomical specimens if the commission [board] determines that
300300 the person or institution has improperly used a body or anatomical
301301 specimen.
302302 (d) A person or institution is entitled to a hearing before
303303 the commission [board] or a hearing examiner appointed by the
304304 commission [board] before the commission [board] may revoke the
305305 person's or institution's authorization to receive and use or
306306 dissect bodies or anatomical specimens. The commission [board]
307307 shall make all final decisions to suspend or revoke an
308308 authorization.
309309 SECTION 1.21. Subchapter A, Chapter 651, Occupations Code,
310310 is amended by adding Section 651.005 to read as follows:
311311 Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS. The
312312 commission shall regulate willed body programs as provided by
313313 Chapter 691, Health and Safety Code, and in accordance with the
314314 powers and duties granted by this chapter to the extent necessary to
315315 regulate the programs under that chapter.
316316 SECTION 1.22. The following provisions of the Health and
317317 Safety Code are repealed:
318318 (1) Section 691.003;
319319 (2) Section 691.004;
320320 (3) Section 691.005;
321321 (4) Section 691.006;
322322 (5) Sections 691.007(a), (b), and (d);
323323 (6) Sections 691.008(b) and (d);
324324 (7) the headings to Sections 691.007 and 691.008; and
325325 (8) Section 691.009.
326326 ARTICLE 2. CONFORMING AMENDMENTS
327327 SECTION 2.01. Article 43.25, Code of Criminal Procedure, is
328328 amended to read as follows:
329329 Art. 43.25. BODY OF CONVICT. The body of a convict who has
330330 been legally executed shall be embalmed immediately and so directed
331331 by the Director of the correctional institutions division of the
332332 Texas Department of Criminal Justice [Department of Corrections].
333333 If the body is not demanded or requested by a relative or bona fide
334334 friend within forty-eight hours after execution then it shall be
335335 delivered to the Texas Funeral Service Commission [Anatomical Board
336336 of the State of Texas], if requested by the commission [Board]. If
337337 the body is requested by a relative, a bona fide friend, or the
338338 Texas Funeral Service Commission [Anatomical Board of the State of
339339 Texas], such recipient shall pay a fee [of] not to exceed
340340 twenty-five dollars to the mortician for the mortician's [his]
341341 services in embalming the body for which the mortician shall issue
342342 to the recipient a written receipt. When such receipt is delivered
343343 to the Director of the correctional institutions division of the
344344 Texas Department of Criminal Justice [Department of Corrections],
345345 the body of the deceased shall be delivered to the party named in
346346 the receipt or the party's [his] authorized agent. If the body is
347347 not delivered to a relative, a bona fide friend, or the Texas
348348 Funeral Service Commission [Anatomical Board of the State of
349349 Texas], the Director of the correctional institutions division of
350350 the Texas Department of Criminal Justice [Department of
351351 Corrections] shall cause the body to be decently buried, and the fee
352352 for embalming shall be paid by the county in which the indictment
353353 which resulted in conviction was found.
354354 SECTION 2.02. Section 404.093(b), Government Code, is
355355 amended to read as follows:
356356 (b) This subchapter does not apply to:
357357 (1) funds pledged to the payment of bonds, notes, or
358358 other debts if the funds are not otherwise required to be deposited
359359 in the treasury;
360360 (2) funds held in trust or escrow for the benefit of a
361361 person or entity other than a state agency;
362362 (3) funds set apart out of earnings derived from
363363 investment of funds held in trust for others, as administrative
364364 expenses of the trustee agency; or
365365 (4) funds, grants, donations, and proceeds from funds,
366366 grants, and donations, given in trust to the Texas State Library and
367367 Archives Commission for the establishment and maintenance of
368368 regional historical resource depositories and libraries in
369369 accordance with Section 441.154[; or
370370 [(5) funds under the management of the
371371 secretary-treasurer of the Anatomical Board of the State of Texas,
372372 as provided by Section 691.008, Health and Safety Code].
373373 SECTION 2.03. Sections 692A.011(a), (b), and (c), Health and
374374 Safety Code, are amended to read as follows:
375375 (a) An anatomical gift may be made to the following persons
376376 named in the document of gift:
377377 (1) an organ procurement organization to be used for
378378 transplantation, therapy, research, or education;
379379 (2) a hospital to be used for research;
380380 (3) subject to Subsection (d), an individual
381381 designated by the person making the anatomical gift if the
382382 individual is the recipient of the part;
383383 (4) an eye bank or tissue bank, except that use of a
384384 gift of a whole body must be coordinated through the Texas Funeral
385385 Service Commission [Anatomical Board of the State of Texas];
386386 (5) a forensic science program at:
387387 (A) a general academic teaching institution as
388388 defined by Section 61.003, Education Code; or
389389 (B) a private or independent institution of
390390 higher education as defined by Section 61.003, Education Code;
391391 (6) a search and rescue organization or recovery team
392392 that is recognized by the Texas Funeral Service Commission
393393 [Anatomical Board of the State of Texas], is exempt from federal
394394 taxation under Section 501(c)(3), Internal Revenue Code of 1986,
395395 and uses human remains detection canines with the authorization of
396396 a local or county law enforcement agency; or
397397 (7) the Texas Funeral Service Commission [Anatomical
398398 Board of the State of Texas].
399399 (b) Except for donations described by Subsections (a)(1)
400400 through (6), the Texas Funeral Service Commission [Anatomical Board
401401 of the State of Texas] shall be the donee of gifts of bodies or parts
402402 of bodies made for the purpose of education or research that are
403403 subject to distribution by the commission [board] under Chapter
404404 691.
405405 (c) A forensic science program that receives a donation
406406 under Subsection (a)(5) must submit a report to the Texas Funeral
407407 Service Commission [Anatomical Board of the State of Texas] on a
408408 quarterly basis that lists:
409409 (1) the number of bodies or parts of bodies that the
410410 program received; and
411411 (2) the method in which the program used the bodies or
412412 parts of bodies for education or research.
413413 ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
414414 SECTION 3.01. (a) The Anatomical Board of the State of Texas
415415 is abolished but continues in existence until September 1, 2022,
416416 for the sole purpose of transferring obligations, property, rights,
417417 powers, and duties to the Texas Funeral Service Commission. The
418418 Texas Funeral Service Commission assumes all of the obligations,
419419 property, rights, powers, and duties of the Anatomical Board of the
420420 State of Texas as they exist immediately before the effective date
421421 of this Act. All unexpended and unobligated funds under the
422422 management of the secretary-treasurer of the Anatomical Board of
423423 the State of Texas, as provided by Section 691.008, Health and
424424 Safety Code, as that section existed immediately before the
425425 effective date of this Act, are transferred to the general revenue
426426 fund for the purpose of the Texas Funeral Service Commission
427427 administering duties under Chapter 691, Health and Safety Code, as
428428 amended by this Act.
429429 (b) The Anatomical Board of the State of Texas and the Texas
430430 Funeral Service Commission shall, in consultation with appropriate
431431 state entities, ensure that the transfer of the obligations,
432432 property, rights, powers, and duties of the Anatomical Board of the
433433 State of Texas to the Texas Funeral Service Commission is completed
434434 not later than September 1, 2022.
435435 (c) All rules of the Anatomical Board of the State of Texas
436436 are continued in effect as rules of the Texas Funeral Service
437437 Commission until superseded by a rule of the Texas Funeral Service
438438 Commission. An authorization issued by the Anatomical Board of the
439439 State of Texas is continued in effect as provided by the law in
440440 effect immediately before the effective date of this Act. An
441441 authorization pending on the effective date of this Act is
442442 continued without change in status after the effective date of this
443443 Act. A complaint, investigation, or other proceeding pending on the
444444 effective date of this Act is continued without change in status
445445 after the effective date of this Act.
446446 (d) Unless the context indicates otherwise, a reference to
447447 the Anatomical Board of the State of Texas in a law or
448448 administrative rule means the Texas Funeral Service Commission.
449449 SECTION 3.02. (a) Not later than the 60th day after the
450450 effective date of this Act, the Texas Funeral Service Commission
451451 shall appoint members to the State Anatomical Advisory Committee in
452452 accordance with Section 691.002, Health and Safety Code, as amended
453453 by this Act.
454454 (b) The members of the Anatomical Board of the State of
455455 Texas whose terms expire under Section 3.01 of this Act shall
456456 continue to provide advice to the Texas Funeral Service Commission
457457 until a majority of the members of the State Anatomical Advisory
458458 Committee are appointed under Subsection (a) of this section and
459459 qualified. A member of the Anatomical Board of the State of Texas
460460 described by this subsection may be appointed to the State
461461 Anatomical Advisory Committee if the member is otherwise eligible
462462 for appointment under Section 691.002, Health and Safety Code, as
463463 amended by this Act.
464464 SECTION 3.03. This Act takes effect September 1, 2021.