Texas 2023 - 88th Regular

Texas House Bill HB1510 Compare Versions

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1	1	88R9990 MCF-D
2	2	By: Clardy H.B. No. 1510
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and transfer of the regulation of
8	8	willed body programs to the Texas Funeral Service Commission, the
9	9	regulation of willed body programs, non-transplant anatomical
10	10	donation organizations, and anatomical facilities, and the
11	11	creation of the State Anatomical Advisory Committee; requiring
12	12	registration; authorizing fees; authorizing an administrative
13	13	penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. STATE ANATOMICAL ADVISORY COMMITTEE; TEXAS FUNERAL
16	16	SERVICE COMMISSION
17	17	SECTION 1.01. The heading to Chapter 691, Health and Safety
18	18	Code, is amended to read as follows:
19	19	CHAPTER 691. DONATION OF BODIES AND ANATOMICAL SPECIMENS
20	20	[ANATOMICAL BOARD OF THE STATE OF TEXAS]
21	21	SECTION 1.02. The heading to Subchapter A, Chapter 691,
22	22	Health and Safety Code, is amended to read as follows:
23	23	SUBCHAPTER A. GENERAL PROVISIONS; STATE [ORGANIZATION OF]
24	24	ANATOMICAL ADVISORY COMMITTEE [BOARD OF THE STATE OF TEXAS]
25	25	SECTION 1.03. Section 691.001, Health and Safety Code, is
26	26	amended by amending Subdivision (1) and adding Subdivisions (1-a),
27	27	(4), (5), and (6) to read as follows:
28	28	(1) "Advisory committee [Board]" means the State
29	29	Anatomical Advisory Committee [Board of the State of Texas].
30	30	(1-a) "Anatomical facility" means a facility
31	31	inspected and approved by the commission under Section 691.034 that
32	32	does not operate as a willed body program or a non-transplant
33	33	anatomical donation organization.
34	34	(4) "Commission" means the Texas Funeral Service
35	35	Commission.
36	36	(5) "Non-transplant anatomical donation organization"
37	37	means a person accredited to engage in the recovery, screening,
38	38	testing, processing, storage, or distribution of tissue or human
39	39	remains for any purpose other than transplantation into a living
40	40	individual in this state.
41	41	(6) "Willed body program" means a program operated at
42	42	an institution of higher education in this state that allows a
43	43	living individual to donate the individual's body or anatomical
44	44	specimen for educational or research purposes.
45	45	SECTION 1.04. Section 691.002, Health and Safety Code, is
46	46	amended to read as follows:
47	47	Sec. 691.002. ADVISORY COMMITTEE [COMPOSITION OF BOARD].
48	48	(a) The State Anatomical Advisory Committee is established to
49	49	advise and provide expertise to the commission on matters related
50	50	to the regulation and operation of willed body programs,
51	51	non-transplant anatomical donation organizations, and anatomical
52	52	facilities in this state.
53	53	(b) The advisory committee is composed of seven members
54	54	appointed by the commission as follows:
55	55	(1) two members who represent institutions of higher
56	56	education that operate willed body programs;
57	57	(2) two members who represent non-transplant
58	58	anatomical donation organizations;
59	59	(3) two members who represent anatomical facilities;
60	60	and
61	61	(4) one public member [The Anatomical Board of the
62	62	State of Texas is composed of one representative from each school or
63	63	college of chiropractic, osteopathy, medicine, or dentistry
64	64	incorporated in this state].
65	65	(c) Members of the advisory committee serve two-year terms
66	66	[(b) On March 1 of each odd-numbered year, the chief executive
67	67	officer of each institution described by Subsection (a) shall
68	68	appoint as the institution's representative on the board one
69	69	professor of surgery or of basic anatomical sciences who is
70	70	associated with the institution].
71	71	(d) An advisory committee member may be reappointed.
72	72	(e) [(c)] Appointments to the advisory committee [board]
73	73	shall be made without regard to the race, creed, sex, religion, or
74	74	national origin of the appointees.
75	75	(f) Sections 2110.002 and 2110.008, Government Code, do not
76	76	apply to the advisory committee.
77	77	SECTION 1.05. Section 691.007(c), Health and Safety Code,
78	78	is redesignated as Section 691.011, Health and Safety Code, and
79	79	amended to read as follows:
80	80	Sec. 691.011. RECORDS. [(c)] The commission [board] shall
81	81	keep identification records of each body donated to the commission
82	82	[board] and of each body or anatomical specimen distributed by the
83	83	commission [board].
84	84	SECTION 1.06. Section 691.008(a), Health and Safety Code,
85	85	is redesignated as Section 691.012, Health and Safety Code, and
86	86	amended to read as follows:
87	87	Sec. 691.012. FEES. (a) The commission [board] may set and
88	88	collect reasonable and necessary fees for the cost of administering
89	89	this chapter, including:
90	90	(1) receiving and distributing bodies and anatomical
91	91	specimens; and
92	92	(2) conducting inspections of willed body programs and
93	93	anatomical facilities.
94	94	(b) The commission by rule may establish fees for the
95	95	registration of willed body programs and non-transplant anatomical
96	96	donation organizations in amounts reasonable and necessary to cover
97	97	the cost of administering this chapter.
98	98	(c) A non-transplant anatomical donation organization is
99	99	exempt from a fee described by Subsection (a)(1).
100	100	SECTION 1.07. Section 691.010, Health and Safety Code, is
101	101	amended to read as follows:
102	102	Sec. 691.010. PUBLIC INFORMATION AND PARTICIPATION;
103	103	COMPLAINTS. (a) The commission [board] shall prepare information
104	104	of public interest describing the functions of the commission under
105	105	this chapter [board] and the commission's [board's] procedures by
106	106	which complaints are filed with and resolved by the commission
107	107	[board]. The commission [board] shall make the information
108	108	available to the public and appropriate state agencies.
109	109	(b) The commission [board] by rule shall establish methods
110	110	by which service recipients can be notified of the name, mailing
111	111	address, and telephone number of the commission [board] for the
112	112	purpose of directing complaints to the commission [board]. The
113	113	commission [board] may provide for that notification by including
114	114	the information on each written contract relating to bodies willed
115	115	or donated to an entity regulated by the commission [board] or
116	116	authorized by the commission [board] to receive bodies.
117	117	(c) The commission [board] shall keep an information file
118	118	about each complaint filed with the commission [board] relating to
119	119	its functions under this chapter. If a written complaint is filed
120	120	with the commission [board] relating to a person or an entity
121	121	regulated by the commission under this chapter [board], the
122	122	commission [board, at least as frequently as quarterly and until
123	123	final disposition of the complaint,] shall periodically notify the
124	124	parties to the complaint of the status of the complaint until final
125	125	disposition unless notice would jeopardize an undercover
126	126	investigation.
127	127	(d) The commission [board] shall develop and implement
128	128	policies that provide the public with a reasonable opportunity to
129	129	appear before the commission [board] and to speak on any issue under
130	130	the jurisdiction of the commission [board].
131	131	SECTION 1.08. Section 691.022, Health and Safety Code, is
132	132	amended to read as follows:
133	133	Sec. 691.022. GENERAL DUTIES. (a) The commission [board]
134	134	shall distribute bodies and anatomical specimens to [institutions
135	135	and other] persons authorized to receive a body or specimen under
136	136	this chapter [them].
137	137	(b) The commission [board] shall adopt rules to ensure that
138	138	each body and anatomical specimen is treated with respect while in
139	139	the custody of the commission [board] or person authorized to
140	140	receive the body or specimen [an institution represented on the
141	141	board is treated with respect].
142	142	(c) The commission shall adopt rules, establish procedures,
143	143	and prescribe forms necessary to administer and enforce this
144	144	chapter, including rules establishing registration and inspection
145	145	requirements and procedures. The commission may issue a reprimand,
146	146	assess an administrative penalty, impose other penalties, or
147	147	revoke, suspend, or probate a registration or other authorization
148	148	for a violation of this chapter or a commission rule adopted under
149	149	this chapter, including a violation related to an inspection
150	150	conducted under Section 691.034, in the manner provided by Chapter
151	151	651, Occupations Code.
152	152	SECTION 1.09. Section 691.0225, Health and Safety Code, is
153	153	amended to read as follows:
154	154	Sec. 691.0225. INFORMATIONAL DOCUMENT. The commission
155	155	[board] shall develop a document to inform a person making a gift of
156	156	a decedent's body or anatomical specimen for purposes of education,
157	157	including forensic science education, or research of the risks and
158	158	benefits associated with donation. The commission [board] shall
159	159	make the document available on the commission's [board's] Internet
160	160	website.
161	161	SECTION 1.10. Section 691.023, Health and Safety Code, is
162	162	amended to read as follows:
163	163	Sec. 691.023. DUTY TO DELIVER CERTAIN BODIES TO COMMISSION
164	164	[BOARD]. (a) An officer, employee, or representative of the state,
165	165	of a political subdivision, or of an institution having charge or
166	166	control of a body not claimed for burial or a body required to be
167	167	buried at public expense shall:
168	168	(1) notify the commission [board] or the commission's
169	169	[board's] representative of the body's existence when the body
170	170	comes into the person's possession, charge, or control if notified
171	171	in writing to do so by the commission [board] or the commission's
172	172	[board's] representative;
173	173	(2) deliver the body in accordance with the direction
174	174	of the commission [board]; and
175	175	(3) allow the commission [board], the commission's
176	176	[board's] representative, or a physician designated by the
177	177	commission [board] who complies with this chapter to remove the
178	178	body to be used for the advancement of medical or forensic science.
179	179	(b) If the commission [board] does not require a political
180	180	subdivision or agency of the political subdivision to deliver a
181	181	body under this section, the political subdivision shall pay all
182	182	costs of preparation for burial, including costs of embalming.
183	183	SECTION 1.11. Section 691.025(c), Health and Safety Code,
184	184	is amended to read as follows:
185	185	(c) A body that is not claimed for burial within 48 hours
186	186	after a relative receives notification shall be delivered as soon
187	187	as possible to the commission [board] or the commission's [board's]
188	188	representative.
189	189	SECTION 1.12. Section 691.026, Health and Safety Code, is
190	190	amended to read as follows:
191	191	Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the
192	192	body of a traveler who died suddenly, the commission [board] shall
193	193	direct the institution or other person receiving the body to retain
194	194	the body for six months for purposes of identification.
195	195	SECTION 1.13. Section 691.027, Health and Safety Code, is
196	196	amended to read as follows:
197	197	Sec. 691.027. AUTOPSY. Only the commission [board] may
198	198	grant permission to perform an autopsy on an unclaimed body. The
199	199	commission [board] may grant permission after receiving a specific
200	200	request for an autopsy that shows sufficient evidence of medical
201	201	urgency.
202	202	SECTION 1.14. Sections 691.028(a) and (b), Health and
203	203	Safety Code, are amended to read as follows:
204	204	(a) An adult living in this state who is of sound mind may
205	205	donate the adult's body by will or other written instrument to the
206	206	commission [board], a willed body program of a medical or dental
207	207	school, a non-transplant anatomical donation organization, or
208	208	another donee authorized by the commission [board,] to be used for
209	209	the advancement of medical or forensic science.
210	210	(b) To be effective, the donor must provide informed consent
211	211	by signing [sign] the will or other written instrument and it must
212	212	be witnessed by two adults. The donor is not required to use a
213	213	particular form or particular words in making the donation, but the
214	214	will or other instrument must clearly convey:
215	215	(1) the donor's intent; and
216	216	(2) the donor's acknowledgment that the donor was
217	217	informed about the consequences of the donation before providing
218	218	consent.
219	219	SECTION 1.15. Section 691.029, Health and Safety Code, is
220	220	amended to read as follows:
221	221	Sec. 691.029. AUTHORITY TO RECEIVE, DISTRIBUTE, AND
222	222	TRANSFER [ACCEPT] BODIES OR ANATOMICAL SPECIMENS [FROM OUTSIDE THE
223	223	STATE]. The commission [board] may receive, distribute, and
224	224	transfer a body or anatomical specimen from inside or [a body
225	225	transported to the board from] outside this state.
226	226	SECTION 1.16. Section 691.030, Health and Safety Code, is
227	227	amended to read as follows:
228	228	Sec. 691.030. COMMISSION'S [BOARD'S] AUTHORITY TO
229	229	DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS. (a) The commission
230	230	[board] or the commission's [board's] representative shall
231	231	distribute bodies donated to it and may redistribute bodies donated
232	232	to medical or dental schools or other donees authorized by the
233	233	commission [board] to:
234	234	(1) willed body programs of schools and colleges of
235	235	chiropractic, osteopathy, medicine, or dentistry incorporated in
236	236	this state;
237	237	(2) forensic science programs;
238	238	(3) search and rescue organizations or recovery teams
239	239	that are recognized by the commission [board], are exempt from
240	240	federal taxation under Section 501(c)(3), Internal Revenue Code of
241	241	1986, and use human remains detection canines with the
242	242	authorization of a local or county law enforcement agency;
243	243	(4) physicians; [and]
244	244	(5) anatomical facilities; and
245	245	(6) other persons as provided by this section.
246	246	(b) In making the distribution, the commission [board]
247	247	shall give priority to the schools and colleges that need bodies for
248	248	lectures and demonstrations.
249	249	(c) If the commission [board] has remaining bodies, the
250	250	commission [board] or the commission's [board's] representative
251	251	shall distribute or redistribute those bodies to the schools and
252	252	colleges proportionately and equitably according to the number of
253	253	students in each school or college receiving instruction or
254	254	demonstration in normal or morbid anatomy and operative surgery.
255	255	The dean of each school or college shall certify that number to the
256	256	commission [board] when required by the commission [board].
257	257	(d) The commission [board] may transport a body or
258	258	anatomical specimen to an authorized recipient in another state if
259	259	the commission [board] determines that the supply of bodies or
260	260	anatomical specimens in this state exceeds the need for bodies or
261	261	anatomical specimens in this state and if:
262	262	(1) the deceased donated the deceased's [his] body in
263	263	compliance with Section 691.028 and at the time of the donation
264	264	authorized the commission [board] to transport the body outside
265	265	this state; or
266	266	(2) the body was donated in compliance with Chapter
267	267	692A and the person authorized to make the donation under Section
268	268	692A.009 authorized the commission [board] to transport the body
269	269	outside this state.
270	270	(e) This section does not apply to a body donated to a
271	271	registered non-transplant anatomical donation organization.
272	272	SECTION 1.17. Sections 691.031(a), (b), and (f), Health and
273	273	Safety Code, are amended to read as follows:
274	274	(a) The commission [board] shall adopt rules to ensure that:
275	275	(1) each body or anatomical specimen received or
276	276	distributed under this chapter [by the board] is properly
277	277	transported;
278	278	(2) a label with the statement "CONTENTS DERIVED FROM
279	279	DONATED HUMAN TISSUE" is affixed to the container in which the body
280	280	or anatomical specimen is transported; and
281	281	(3) each person who has control or possession of a body
282	282	or anatomical specimen:
283	283	(A) satisfactorily completes the information
284	284	required on a chain-of-custody form prescribed by the commission
285	285	[board];
286	286	(B) maintains a copy of the form for the person's
287	287	records; and
288	288	(C) transfers the form to any other person to
289	289	whom control or possession of the body or anatomical specimen is
290	290	transferred.
291	291	(b) The commission [board] may employ a public carrier to
292	292	transport bodies or anatomical specimens received or distributed by
293	293	the commission [board].
294	294	(f) The sender and receiver of each body or anatomical
295	295	specimen shall file the records required under this section in
296	296	accordance with commission [board] rules so that the commission
297	297	[board] or a district or county attorney may inspect the records at
298	298	any time.
299	299	SECTION 1.18. Section 691.032, Health and Safety Code, is
300	300	amended to read as follows:
301	301	Sec. 691.032. COSTS OF DISTRIBUTION. A person or
302	302	institution receiving a body or anatomical specimen under this
303	303	chapter shall pay in a manner specified by the commission [board],
304	304	or as otherwise agreed on, all costs incurred in distributing the
305	305	body or anatomical specimen so that the state, a county, a
306	306	municipality, or an officer, employee, or representative of the
307	307	state, a county, or a municipality does not incur any expense.
308	308	SECTION 1.19. Sections 691.033(a), (b), and (d), Health and
309	309	Safety Code, are amended to read as follows:
310	310	(a) To further medical or forensic science, a willed body
311	311	program, non-transplant anatomical donation organization,
312	312	anatomical facility, [school, college,] or other person designated
313	313	by the commission [board] may use, dissect, operate on, examine,
314	314	and experiment on a body or anatomical specimen distributed under
315	315	this chapter.
316	316	(b) A willed body program, non-transplant anatomical
317	317	donation organization, [school, college,] or other person shall
318	318	keep a permanent record of each body or anatomical specimen
319	319	received from the commission [board] or the commission's [board's]
320	320	representative. The record:
321	321	(1) must be sufficient to identify the body or
322	322	anatomical specimen;
323	323	(2) must track the body or anatomical specimen from
324	324	intake to final disposition; and
325	325	(3) may be inspected by the commission [board] or the
326	326	commission's [board's] representative.
327	327	(d) To aid prosecutions under Section 42.08, Penal Code, the
328	328	commission [board] shall adopt rules that clearly state the
329	329	activities that are authorized by the commission [board] in
330	330	relation to the use or dissection of a body.
331	331	SECTION 1.20. Section 691.034, Health and Safety Code, is
332	332	amended to read as follows:
333	333	Sec. 691.034. REGULATION AND REGISTRATION OF PERSONS AND
334	334	INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS. (a) A willed
335	335	body program or non-transplant anatomical donation organization
336	336	may not operate in this state unless the program or organization
337	337	registers with the commission in the form and manner prescribed by
338	338	the commission.
339	339	(a-1) To be eligible for registration under this section, a
340	340	non-transplant anatomical donation organization must be accredited
341	341	by the American Association of Tissue Banks under the association's
342	342	Standards for Non-Transplant Anatomical Donation.
343	343	(a-2) The commission [board] shall inspect and may approve
344	344	willed body programs, anatomical facilities, [institutions] and
345	345	other persons for the receipt and use of bodies and anatomical
346	346	specimens under this chapter.
347	347	(a-3) A registered non-transplant anatomical donation
348	348	organization is exempt from an inspection described by Subsection
349	349	(a-2).
350	350	(b) The commission [board] may investigate a willed body
351	351	program, non-transplant anatomical donation organization,
352	352	anatomical facility, or other person [or institution] if the
353	353	commission [board] has reason to believe that the program,
354	354	organization, facility, or person [or institution] has improperly
355	355	used a body or anatomical specimen.
356	356	(c) The commission [board] may suspend or revoke a willed
357	357	body program's, non-transplant anatomical donation organization's,
358	358	anatomical facility's, or other person's registration or other [or
359	359	institution's] authorization to receive and use or dissect bodies
360	360	or anatomical specimens if the commission [board] determines that
361	361	the program, organization, facility, or person [or institution] has
362	362	improperly used a body or anatomical specimen.
363	363	(d) A willed body program, non-transplant anatomical
364	364	donation organization, anatomical facility, or other person [or
365	365	institution] is entitled to a hearing before the commission [board]
366	366	or a hearing examiner appointed by the commission [board] before
367	367	the commission [board] may revoke the program's, organization's,
368	368	facility's, or person's registration or other [or institution's]
369	369	authorization to receive and use or dissect bodies or anatomical
370	370	specimens. The commission [board] shall make all final decisions
371	371	to suspend or revoke an authorization.
372	372	(e) A registered non-transplant anatomical donation
373	373	organization must inform the commission within the time prescribed
374	374	by commission rule if the organization loses its accreditation with
375	375	the American Association of Tissue Banks.
376	376	(f) A commission member or holder of any license issued by
377	377	the commission may not hold more than a 10 percent ownership
378	378	interest in a registered non-transplant anatomical donation
379	379	organization.
380	380	(g) The commission shall adopt rules and procedures
381	381	necessary to administer this section.
382	382	SECTION 1.21. Subchapter A, Chapter 651, Occupations Code,
383	383	is amended by adding Section 651.005 to read as follows:
384	384	Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS,
385	385	NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND ANATOMICAL
386	386	FACILITIES. The commission shall regulate willed body programs,
387	387	non-transplant anatomical donation organizations, and anatomical
388	388	facilities as provided by Chapter 691, Health and Safety Code, and
389	389	in accordance with the powers and duties granted by this chapter to
390	390	the extent necessary to regulate the programs, organizations, and
391	391	facilities under that chapter.
392	392	SECTION 1.22. The following provisions of the Health and
393	393	Safety Code are repealed:
394	394	(1) Section 691.003;
395	395	(2) Section 691.004;
396	396	(3) Section 691.005;
397	397	(4) Section 691.006;
398	398	(5) Sections 691.007(a), (b), and (d);
399	399	(6) Sections 691.008(b) and (d);
400	400	(7) the headings to Sections 691.007 and 691.008; and
401	401	(8) Section 691.009.
402	402	ARTICLE 2. CONFORMING AMENDMENTS
403	403	SECTION 2.01. Article 43.25, Code of Criminal Procedure, is
404	404	amended to read as follows:
405	405	Art. 43.25. BODY OF CONVICT. The body of a convict who has
406	406	been legally executed shall be embalmed immediately and so directed
407	407	by the Director of the correctional institutions division of the
408	408	Texas Department of Criminal Justice [Department of Corrections].
409	409	If the body is not demanded or requested by a relative or bona fide
410	410	friend within forty-eight hours after execution then it shall be
411	411	delivered to the Texas Funeral Service Commission [Anatomical Board
412	412	of the State of Texas], if requested by the commission [Board]. If
413	413	the body is requested by a relative, a bona fide friend, or the
414	414	Texas Funeral Service Commission [Anatomical Board of the State of
415	415	Texas], such recipient shall pay a fee [of] not to exceed
416	416	twenty-five dollars to the mortician for the mortician's [his]
417	417	services in embalming the body for which the mortician shall issue
418	418	to the recipient a written receipt. When such receipt is delivered
419	419	to the Director of the correctional institutions division of the
420	420	Texas Department of Criminal Justice [Department of Corrections],
421	421	the body of the deceased shall be delivered to the party named in
422	422	the receipt or the party's [his] authorized agent. If the body is
423	423	not delivered to a relative, a bona fide friend, or the Texas
424	424	Funeral Service Commission [Anatomical Board of the State of
425	425	Texas], the Director of the correctional institutions division of
426	426	the Texas Department of Criminal Justice [Department of
427	427	Corrections] shall cause the body to be decently buried, and the fee
428	428	for embalming shall be paid by the county in which the indictment
429	429	which resulted in conviction was found.
430	430	SECTION 2.02. Section 404.093(b), Government Code, is
431	431	amended to read as follows:
432	432	(b) This subchapter does not apply to:
433	433	(1) funds pledged to the payment of bonds, notes, or
434	434	other debts if the funds are not otherwise required to be deposited
435	435	in the treasury;
436	436	(2) funds held in trust or escrow for the benefit of a
437	437	person or entity other than a state agency;
438	438	(3) funds set apart out of earnings derived from
439	439	investment of funds held in trust for others, as administrative
440	440	expenses of the trustee agency; or
441	441	(4) funds, grants, donations, and proceeds from funds,
442	442	grants, and donations, given in trust to the Texas State Library and
443	443	Archives Commission for the establishment and maintenance of
444	444	regional historical resource depositories and libraries in
445	445	accordance with Section 441.154[; or
446	446	[(5) funds under the management of the
447	447	secretary-treasurer of the Anatomical Board of the State of Texas,
448	448	as provided by Section 691.008, Health and Safety Code].
449	449	SECTION 2.03. Sections 692A.011(a), (b), and (c), Health and
450	450	Safety Code, are amended to read as follows:
451	451	(a) An anatomical gift may be made to the following persons
452	452	named in the document of gift:
453	453	(1) an organ procurement organization to be used for
454	454	transplantation, therapy, research, or education;
455	455	(2) a hospital to be used for research;
456	456	(3) subject to Subsection (d), an individual
457	457	designated by the person making the anatomical gift if the
458	458	individual is the recipient of the part;
459	459	(4) an eye bank or tissue bank, except that use of a
460	460	gift of a whole body must be coordinated through the Texas Funeral
461	461	Service Commission [Anatomical Board of the State of Texas];
462	462	(5) a forensic science program at:
463	463	(A) a general academic teaching institution as
464	464	defined by Section 61.003, Education Code; or
465	465	(B) a private or independent institution of
466	466	higher education as defined by Section 61.003, Education Code;
467	467	(6) a search and rescue organization or recovery team
468	468	that is recognized by the Texas Funeral Service Commission
469	469	[Anatomical Board of the State of Texas], is exempt from federal
470	470	taxation under Section 501(c)(3), Internal Revenue Code of 1986,
471	471	and uses human remains detection canines with the authorization of
472	472	a local or county law enforcement agency; or
473	473	(7) the Texas Funeral Service Commission [Anatomical
474	474	Board of the State of Texas].
475	475	(b) Except for donations described by Subsections (a)(1)
476	476	through (6), the Texas Funeral Service Commission [Anatomical Board
477	477	of the State of Texas] shall be the donee of gifts of bodies or parts
478	478	of bodies made for the purpose of education or research that are
479	479	subject to distribution by the commission [board] under Chapter
480	480	691.
481	481	(c) A forensic science program that receives a donation
482	482	under Subsection (a)(5) must submit a report to the Texas Funeral
483	483	Service Commission [Anatomical Board of the State of Texas] on a
484	484	quarterly basis that lists:
485	485	(1) the number of bodies or parts of bodies that the
486	486	program received; and
487	487	(2) the method in which the program used the bodies or
488	488	parts of bodies for education or research.
489	489	ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
490	490	SECTION 3.01. (a) The Anatomical Board of the State of Texas
491	491	is abolished but continues in existence until September 1, 2024,
492	492	for the sole purpose of transferring obligations, property, rights,
493	493	powers, and duties to the Texas Funeral Service Commission. The
494	494	Texas Funeral Service Commission assumes all of the obligations,
495	495	property, rights, powers, and duties of the Anatomical Board of the
496	496	State of Texas as they exist immediately before the effective date
497	497	of this Act. All unexpended and unobligated funds under the
498	498	management of the secretary-treasurer of the Anatomical Board of
499	499	the State of Texas, as provided by Section 691.008, Health and
500	500	Safety Code, as that section existed immediately before the
501	501	effective date of this Act, are transferred to the general revenue
502	502	fund for the purpose of the Texas Funeral Service Commission
503	503	administering duties under Chapter 691, Health and Safety Code, as
504	504	amended by this Act.
505	505	(b) The Anatomical Board of the State of Texas and the Texas
506	506	Funeral Service Commission shall, in consultation with appropriate
507	507	state entities, ensure that the transfer of the obligations,
508	508	property, rights, powers, and duties of the Anatomical Board of the
509	509	State of Texas to the Texas Funeral Service Commission is completed
510	510	not later than September 1, 2024.
511	511	(c) All rules of the Anatomical Board of the State of Texas
512	512	are continued in effect as rules of the Texas Funeral Service
513	513	Commission until superseded by a rule of the Texas Funeral Service
514	514	Commission. An authorization issued by the Anatomical Board of the
515	515	State of Texas is continued in effect as provided by the law in
516	516	effect immediately before the effective date of this Act. An
517	517	authorization pending on the effective date of this Act is
518	518	continued without change in status after the effective date of this
519	519	Act. A complaint, investigation, or other proceeding pending on the
520	520	effective date of this Act is continued without change in status
521	521	after the effective date of this Act.
522	522	(d) Unless the context indicates otherwise, a reference to
523	523	the Anatomical Board of the State of Texas in a law or
524	524	administrative rule means the Texas Funeral Service Commission.
525	525	(e) The terms of the members of the Anatomical Board of the
526	526	State of Texas expire on September 1, 2024.
527	527	SECTION 3.02. (a) Not later than the 60th day after the
528	528	effective date of this Act, the Texas Funeral Service Commission
529	529	shall appoint members to the State Anatomical Advisory Committee in
530	530	accordance with Section 691.002, Health and Safety Code, as amended
531	531	by this Act.
532	532	(b) The members of the Anatomical Board of the State of
533	533	Texas whose terms expire under Section 3.01 of this Act shall
534	534	continue to provide advice to the Texas Funeral Service Commission
535	535	until a majority of the members of the State Anatomical Advisory
536	536	Committee are appointed under Subsection (a) of this section and
537	537	qualified. A member of the Anatomical Board of the State of Texas
538	538	described by this subsection may be appointed to the State
539	539	Anatomical Advisory Committee if the member is otherwise eligible
540	540	for appointment under Section 691.002, Health and Safety Code, as
541	541	amended by this Act.
542	542	SECTION 3.03. This Act takes effect September 1, 2023.