Texas 2023 - 88th Regular

Texas House Bill HB3041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6168 MCF-F
2	2	By: Thompson of Harris H.B. No. 3041
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the manner of executing certain anatomical gift
8	8	records.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 692A.005, Health and Safety Code, is
11	11	amended by amending Subsections (a) and (b) and adding Subsection
12	12	(b-1) to read as follows:
13	13	(a) A donor may make an anatomical gift:
14	14	(1) by authorizing a statement or symbol indicating
15	15	that the donor has made an anatomical gift to be imprinted on the
16	16	donor's driver's license or identification card;
17	17	(2) in a will;
18	18	(3) during a terminal illness or injury of the donor,
19	19	by any form of communication addressed to at least two adults, at
20	20	least one of whom is a disinterested witness; or
21	21	(4) as provided in Subsection (b) or (b-1).
22	22	(b) A donor or other person authorized to make an anatomical
23	23	gift under Section 692A.004 may make a gift by a donor card or other
24	24	record signed by the donor or other person making the gift or by
25	25	authorizing that a statement or symbol indicating the donor has
26	26	made an anatomical gift be included on a donor registry. If the
27	27	donor or other person is physically unable to sign a record, the
28	28	record may be signed by another individual at the direction of the
29	29	donor or other person and must:
30	30	(1) be witnessed by at least two adults, at least one
31	31	of whom is a disinterested witness, who have signed at the request
32	32	of the donor or the other person, or be acknowledged before a notary
33	33	public; and
34	34	(2) state that the record has been signed and
35	35	witnessed or acknowledged as provided in Subdivision (1).
36	36	(b-1) A donor or other person authorized to make an
37	37	anatomical gift under Section 692A.004 may make a gift through an
38	38	online registry. The online registration:
39	39	(1) does not require the consent of another person or
40	40	require a witness to sign at the donor's request or a notary public
41	41	to acknowledge the gift; and
42	42	(2) constitutes a legal document under this chapter
43	43	that remains binding after the donor's death.
44	44	SECTION 2. Section 692A.006(b), Health and Safety Code, is
45	45	amended to read as follows:
46	46	(b) A record signed pursuant to Subsection (a)(1)(C) must:
47	47	(1) be witnessed by at least two adults, at least one
48	48	of whom is a disinterested witness, who have signed at the request
49	49	of the donor or the other person, or be acknowledged before a notary
50	50	public; and
51	51	(2) state that the record has been signed and
52	52	witnessed or acknowledged as provided in Subdivision (1).
53	53	SECTION 3. Section 692A.007(b), Health and Safety Code, is
54	54	amended to read as follows:
55	55	(b) A record signed pursuant to Subsection (a)(1)(B) must:
56	56	(1) be witnessed by at least two adults, at least one
57	57	of whom is a disinterested witness, who have signed at the request
58	58	of the individual, or be acknowledged before a notary public; and
59	59	(2) state that the record has been signed and
60	60	witnessed or acknowledged as provided in Subdivision (1).
61	61	SECTION 4. Chapter 692, Health and Safety Code, is
62	62	repealed.
63	63	SECTION 5. Sections 692A.005, 692A.006, and 692A.007,
64	64	Health and Safety Code, as amended by this Act, apply only to the
65	65	validity of a record executed on or after the effective date of this
66	66	Act. The validity of a record executed before the effective date of
67	67	this Act is governed by the law in effect on the date the record was
68	68	executed, and that law continues in effect for that purpose.
69	69	SECTION 6. The change in law made by this Act applies only
70	70	to a document executed on or after the effective date of this Act. A
71	71	document executed before the effective date of this Act is governed
72	72	by the law on the date the document was executed, and that law is
73	73	continued in effect for that purpose.
74	74	SECTION 7. This Act takes effect September 1, 2023.