Texas 2023 - 88th Regular

Texas Senate Bill SB2040 Compare Versions

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1	1	S.B. No. 2040
2	2
3	3
4	4	AN ACT
5	5	relating to the continuation and transfer of the regulation of
6	6	willed body programs to the Texas Funeral Service Commission, the
7	7	regulation of willed body programs, non-transplant anatomical
8	8	donation organizations, and anatomical facilities, and the
9	9	creation of the State Anatomical Advisory Committee; requiring
10	10	registration; authorizing fees; authorizing an administrative
11	11	penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. STATE ANATOMICAL ADVISORY COMMITTEE; TEXAS FUNERAL
14	14	SERVICE COMMISSION
15	15	SECTION 1.01. The heading to Chapter 691, Health and Safety
16	16	Code, is amended to read as follows:
17	17	CHAPTER 691. DONATION OF BODIES AND ANATOMICAL SPECIMENS
18	18	[ANATOMICAL BOARD OF THE STATE OF TEXAS]
19	19	SECTION 1.02. The heading to Subchapter A, Chapter 691,
20	20	Health and Safety Code, is amended to read as follows:
21	21	SUBCHAPTER A. GENERAL PROVISIONS; STATE [ORGANIZATION OF]
22	22	ANATOMICAL ADVISORY COMMITTEE [BOARD OF THE STATE OF TEXAS]
23	23	SECTION 1.03. Section 691.001, Health and Safety Code, is
24	24	amended by amending Subdivision (1) and adding Subdivisions (1-a),
25	25	(4), (5), and (6) to read as follows:
26	26	(1) "Advisory committee [Board]" means the State
27	27	Anatomical Advisory Committee [Board of the State of Texas].
28	28	(1-a) "Anatomical facility" means a facility in this
29	29	state inspected and approved by the commission under Section
30	30	691.034 that does not operate as a willed body program or a
31	31	non-transplant anatomical donation organization.
32	32	(4) "Commission" means the Texas Funeral Service
33	33	Commission.
34	34	(5) "Non-transplant anatomical donation organization"
35	35	means a person accredited to engage in the recovery, receipt,
36	36	screening, testing, processing, storage, or distribution of tissue
37	37	or human remains for any purpose other than transplantation into a
38	38	living individual in this state.
39	39	(6) "Willed body program" means a program operated at
40	40	an institution of higher education in this state that allows a
41	41	living individual to donate the individual's body or anatomical
42	42	specimen for educational or research purposes.
43	43	SECTION 1.04. Section 691.002, Health and Safety Code, is
44	44	amended to read as follows:
45	45	Sec. 691.002. ADVISORY COMMITTEE [COMPOSITION OF BOARD].
46	46	(a) The State Anatomical Advisory Committee is established to
47	47	advise and provide expertise to the commission on matters related
48	48	to the regulation and operation of willed body programs,
49	49	non-transplant anatomical donation organizations, and anatomical
50	50	facilities in this state.
51	51	(b) The advisory committee is composed of seven members
52	52	appointed by the commission as follows:
53	53	(1) two members who represent institutions of higher
54	54	education that operate willed body programs;
55	55	(2) two members who represent non-transplant
56	56	anatomical donation organizations;
57	57	(3) two members who represent anatomical facilities;
58	58	and
59	59	(4) one public member [The Anatomical Board of the
60	60	State of Texas is composed of one representative from each school or
61	61	college of chiropractic, osteopathy, medicine, or dentistry
62	62	incorporated in this state].
63	63	(c) Members of the advisory committee serve two-year terms
64	64	[(b) On March 1 of each odd-numbered year, the chief executive
65	65	officer of each institution described by Subsection (a) shall
66	66	appoint as the institution's representative on the board one
67	67	professor of surgery or of basic anatomical sciences who is
68	68	associated with the institution].
69	69	(d) An advisory committee member may be reappointed.
70	70	(e) [(c)] Appointments to the advisory committee [board]
71	71	shall be made without regard to the race, creed, sex, religion, or
72	72	national origin of the appointees.
73	73	(f) Sections 2110.002 and 2110.008, Government Code, do not
74	74	apply to the advisory committee.
75	75	SECTION 1.05. Section 691.007(c), Health and Safety Code,
76	76	is redesignated as Section 691.011, Health and Safety Code, and
77	77	amended to read as follows:
78	78	Sec. 691.011. RECORDS. [(c)] The commission [board] shall
79	79	keep identification records of each body donated to the commission
80	80	[board] and of each body or anatomical specimen distributed by the
81	81	commission [board].
82	82	SECTION 1.06. Section 691.008(a), Health and Safety Code,
83	83	is redesignated as Section 691.012, Health and Safety Code, and
84	84	amended to read as follows:
85	85	Sec. 691.012. FEES. (a) The commission by rule [board] may
86	86	set and collect fees in amounts reasonable and necessary to cover
87	87	the cost of administering this chapter, including fees for:
88	88	(1) receiving and distributing bodies and anatomical
89	89	specimens;
90	90	(2) conducting inspections and other verification
91	91	activities authorized under Section 691.034; and
92	92	(3) registering willed body programs and
93	93	non-transplant anatomical donation organizations.
94	94	(b) A non-transplant anatomical donation organization is
95	95	exempt from a fee described by Subsection (a)(1).
96	96	SECTION 1.07. Section 691.010, Health and Safety Code, is
97	97	amended to read as follows:
98	98	Sec. 691.010. PUBLIC INFORMATION AND PARTICIPATION;
99	99	COMPLAINTS. (a) The commission [board] shall prepare information
100	100	of public interest describing the functions of the commission under
101	101	this chapter [board] and the commission's [board's] procedures by
102	102	which complaints are filed with and resolved by the commission
103	103	[board]. The commission [board] shall make the information
104	104	available to the public and appropriate state agencies.
105	105	(b) The commission [board] by rule shall establish methods
106	106	by which service recipients can be notified of the name, mailing
107	107	address, and telephone number of the commission [board] for the
108	108	purpose of directing complaints to the commission [board]. The
109	109	commission [board] may provide for that notification by including
110	110	the information on each written contract relating to bodies willed
111	111	or donated to an entity regulated by the commission [board] or
112	112	authorized by the commission [board] to receive bodies.
113	113	(c) The commission [board] shall keep an information file
114	114	about each complaint filed with the commission [board] relating to
115	115	its functions under this chapter. If a written complaint is filed
116	116	with the commission [board] relating to a person or an entity
117	117	regulated by the commission under this chapter [board], the
118	118	commission [board, at least as frequently as quarterly and until
119	119	final disposition of the complaint,] shall periodically notify the
120	120	parties to the complaint of the status of the complaint until final
121	121	disposition unless notice would jeopardize an undercover
122	122	investigation.
123	123	(d) The commission [board] shall develop and implement
124	124	policies that provide the public with a reasonable opportunity to
125	125	appear before the commission [board] and to speak on any issue under
126	126	the jurisdiction of the commission [board].
127	127	SECTION 1.08. Section 691.022, Health and Safety Code, is
128	128	amended to read as follows:
129	129	Sec. 691.022. GENERAL DUTIES. (a) The commission [board]
130	130	shall distribute bodies and anatomical specimens to [institutions
131	131	and other] persons authorized to receive a body or specimen under
132	132	this chapter [them]. This subsection does not apply to a body or
133	133	specimen donated to a registered non-transplant anatomical
134	134	donation organization.
135	135	(b) The commission [board] shall adopt rules to ensure that
136	136	each body and anatomical specimen is treated with respect while in
137	137	the custody of the commission [board] or person authorized to
138	138	receive the body or specimen [an institution represented on the
139	139	board is treated with respect].
140	140	(c) The commission shall adopt rules, establish procedures,
141	141	and prescribe forms necessary to administer and enforce this
142	142	chapter, including rules establishing registration and inspection
143	143	requirements and procedures. The commission may issue a reprimand,
144	144	assess an administrative penalty, impose other penalties, or
145	145	revoke, suspend, or probate a registration or other authorization
146	146	for a violation of this chapter or a commission rule adopted under
147	147	this chapter, including a violation related to an inspection
148	148	conducted under Section 691.034, in the manner provided by Chapter
149	149	651, Occupations Code.
150	150	SECTION 1.09. Section 691.0225, Health and Safety Code, is
151	151	amended to read as follows:
152	152	Sec. 691.0225. INFORMATIONAL DOCUMENT. The commission
153	153	[board] shall develop a document to inform a person making a gift of
154	154	a decedent's body or anatomical specimen about the options for
155	155	donation authorized under this chapter [for purposes of education,
156	156	including forensic science education, or research of the risks and
157	157	benefits associated with donation]. The commission [board] shall
158	158	make the document available on the commission's [board's] Internet
159	159	website.
160	160	SECTION 1.10. Section 691.023, Health and Safety Code, is
161	161	amended to read as follows:
162	162	Sec. 691.023. DUTY TO DELIVER CERTAIN BODIES TO COMMISSION
163	163	[BOARD]. (a) An officer, employee, or representative of the state,
164	164	of a political subdivision, or of an institution having charge or
165	165	control of a body not claimed for burial or a body required to be
166	166	buried at public expense shall:
167	167	(1) notify the commission [board] or the commission's
168	168	[board's] representative of the body's existence when the body
169	169	comes into the person's possession, charge, or control if notified
170	170	in writing to do so by the commission [board] or the commission's
171	171	[board's] representative;
172	172	(2) deliver the body in accordance with the direction
173	173	of the commission [board]; and
174	174	(3) allow the commission [board], the commission's
175	175	[board's] representative, or a physician designated by the
176	176	commission [board] who complies with this chapter to remove the
177	177	body to be used for the advancement of medical or forensic science.
178	178	(b) If the commission [board] does not require a political
179	179	subdivision or agency of the political subdivision to deliver a
180	180	body under this section, the political subdivision shall pay all
181	181	costs of preparation for burial, including costs of embalming.
182	182	SECTION 1.11. Section 691.025(c), Health and Safety Code,
183	183	is amended to read as follows:
184	184	(c) A body that is not claimed for burial within 48 hours
185	185	after a relative receives notification shall be delivered as soon
186	186	as possible to the commission [board] or the commission's [board's]
187	187	representative.
188	188	SECTION 1.12. Section 691.026, Health and Safety Code, is
189	189	amended to read as follows:
190	190	Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the
191	191	body of a traveler who died suddenly, the commission [board] shall
192	192	direct the institution or other person receiving the body to retain
193	193	the body for six months for purposes of identification.
194	194	SECTION 1.13. Section 691.027, Health and Safety Code, is
195	195	amended to read as follows:
196	196	Sec. 691.027. AUTOPSY. Only the commission [board] may
197	197	grant permission to perform an autopsy on an unclaimed body. The
198	198	commission [board] may grant permission after receiving a specific
199	199	request for an autopsy that shows sufficient evidence of medical
200	200	urgency.
201	201	SECTION 1.14. Section 691.028, Health and Safety Code, is
202	202	amended by amending Subsections (a) and (b) and adding Subsection
203	203	(b-1) 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:
218	218	(A) the consequences of the donation before
219	219	providing consent;
220	220	(B) the use the donee plans for the donated body
221	221	parts; and
222	222	(C) if applicable, any body part and the
223	223	condition in which the body part will be returned to the person
224	224	designated by the donor.
225	225	(b-1) For purposes of Subsection (b), the donor must be
226	226	informed in writing about the information described by Subsection
227	227	(b)(2) in a clear manner on a single piece of paper that is 8-1/2 by
228	228	11 inches with 14-point type. The commission by rule shall design
229	229	and adopt a form that complies with this subsection that willed body
230	230	programs and non-transplant anatomical donation organizations must
231	231	use.
232	232	SECTION 1.15. Section 691.029, Health and Safety Code, is
233	233	amended to read as follows:
234	234	Sec. 691.029. AUTHORITY TO RECEIVE, DISTRIBUTE, AND
235	235	TRANSFER [ACCEPT] BODIES OR ANATOMICAL SPECIMENS [FROM OUTSIDE THE
236	236	STATE]. The commission [board] may receive, distribute, and
237	237	transfer a body or anatomical specimen from inside or [a body
238	238	transported to the board from] outside this state.
239	239	SECTION 1.16. Section 691.030, Health and Safety Code, is
240	240	amended to read as follows:
241	241	Sec. 691.030. COMMISSION'S [BOARD'S] AUTHORITY TO
242	242	DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS. (a) The commission
243	243	[board] or the commission's [board's] representative shall
244	244	distribute bodies donated to it and may redistribute bodies donated
245	245	to medical or dental schools or other donees authorized by the
246	246	commission [board] to:
247	247	(1) willed body programs of schools and colleges of
248	248	chiropractic, osteopathy, medicine, or dentistry incorporated in
249	249	this state;
250	250	(2) forensic science programs;
251	251	(3) search and rescue organizations or recovery teams
252	252	that are recognized by the commission [board], are exempt from
253	253	federal taxation under Section 501(c)(3), Internal Revenue Code of
254	254	1986, and use human remains detection canines with the
255	255	authorization of a local or county law enforcement agency;
256	256	(4) physicians; [and]
257	257	(5) anatomical facilities; and
258	258	(6) other persons as provided by this section.
259	259	(b) In making the distribution, the commission [board]
260	260	shall give priority to the schools and colleges that need bodies for
261	261	lectures and demonstrations.
262	262	(c) If the commission [board] has remaining bodies, the
263	263	commission [board] or the commission's [board's] representative
264	264	shall distribute or redistribute those bodies to the schools and
265	265	colleges proportionately and equitably according to the number of
266	266	students in each school or college receiving instruction or
267	267	demonstration in normal or morbid anatomy and operative surgery.
268	268	The dean of each school or college shall certify that number to the
269	269	commission [board] when required by the commission [board].
270	270	(d) The commission [board] may transport a body or
271	271	anatomical specimen to an authorized recipient in another state if
272	272	the commission [board] determines that the supply of bodies or
273	273	anatomical specimens in this state exceeds the need for bodies or
274	274	anatomical specimens in this state and if:
275	275	(1) the deceased donated the deceased's [his] body in
276	276	compliance with Section 691.028 and at the time of the donation
277	277	authorized the commission [board] to transport the body outside
278	278	this state; or
279	279	(2) the body was donated in compliance with Chapter
280	280	692A and the person authorized to make the donation under Section
281	281	692A.009 authorized the commission [board] to transport the body
282	282	outside this state.
283	283	(e) This section does not apply to a body or anatomical
284	284	specimen donated to a registered non-transplant anatomical
285	285	donation organization.
286	286	SECTION 1.17. Sections 691.031(a), (b), and (f), Health and
287	287	Safety Code, are amended to read as follows:
288	288	(a) The commission [board] shall adopt rules to ensure that:
289	289	(1) each body or anatomical specimen received or
290	290	distributed under this chapter [by the board] is properly
291	291	transported;
292	292	(2) a label with a [the] statement that the container's
293	293	contents are derived from human tissue ["CONTENTS DERIVED FROM
294	294	DONATED HUMAN TISSUE"] is affixed to the container in which the body
295	295	or anatomical specimen is transported; and
296	296	(3) each person who has control or possession of a body
297	297	or anatomical specimen:
298	298	(A) satisfactorily completes the information
299	299	required on a chain-of-custody form prescribed by the commission
300	300	[board];
301	301	(B) maintains a copy of the form for the person's
302	302	records; and
303	303	(C) transfers the form to any other person to
304	304	whom control or possession of the body or anatomical specimen is
305	305	transferred.
306	306	(b) The commission [board] may employ a public carrier to
307	307	transport bodies or anatomical specimens received or distributed by
308	308	the commission [board].
309	309	(f) The sender and receiver of each body or anatomical
310	310	specimen shall file the records required under this section in
311	311	accordance with commission [board] rules so that the commission
312	312	[board] or a district or county attorney may inspect the records at
313	313	any time.
314	314	SECTION 1.18. Section 691.032, Health and Safety Code, is
315	315	amended to read as follows:
316	316	Sec. 691.032. COSTS OF DISTRIBUTION. A person or
317	317	institution receiving a body or anatomical specimen under this
318	318	chapter shall pay in a manner specified by the commission [board],
319	319	or as otherwise agreed on, all costs incurred in distributing the
320	320	body or anatomical specimen so that the state, a county, a
321	321	municipality, or an officer, employee, or representative of the
322	322	state, a county, or a municipality does not incur any expense.
323	323	SECTION 1.19. Sections 691.033(a), (b), and (d), Health and
324	324	Safety Code, are amended to read as follows:
325	325	(a) To further medical or forensic science, a willed body
326	326	program, non-transplant anatomical donation organization,
327	327	anatomical facility, [school, college,] or other person designated
328	328	by the commission [board] may use, dissect, operate on, examine,
329	329	and experiment on a body or anatomical specimen distributed under
330	330	this chapter.
331	331	(b) A willed body program, non-transplant anatomical
332	332	donation organization, [school, college,] or other person shall
333	333	keep a permanent record of each body or anatomical specimen
334	334	received from the commission [board] or the commission's [board's]
335	335	representative. The record:
336	336	(1) must be sufficient to identify the body or
337	337	anatomical specimen;
338	338	(2) must track the body or anatomical specimen from
339	339	intake to final disposition; and
340	340	(3) may be inspected by the commission [board] or the
341	341	commission's [board's] representative.
342	342	(d) To aid prosecutions under Section 42.08, Penal Code, the
343	343	commission [board] shall adopt rules that clearly state the
344	344	activities that are authorized by the commission [board] in
345	345	relation to the use or dissection of a body.
346	346	SECTION 1.20. Section 691.034, Health and Safety Code, is
347	347	amended to read as follows:
348	348	Sec. 691.034. REGULATION AND REGISTRATION OF PERSONS AND
349	349	INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS. (a) A willed
350	350	body program or non-transplant anatomical donation organization
351	351	may not operate in this state unless the program or organization
352	352	registers with the commission in the form and manner prescribed by
353	353	the commission.
354	354	(a-1) To be eligible for registration under this section, a
355	355	non-transplant anatomical donation organization must be accredited
356	356	by the American Association of Tissue Banks under the association's
357	357	Standards for Non-Transplant Anatomical Donation. The commission
358	358	may issue conditional registration to a non-transplant anatomical
359	359	donation organization that is not yet accredited.
360	360	(a-2) The commission [board] shall inspect and may approve
361	361	willed body programs and anatomical facilities [institutions and
362	362	other persons] for the receipt and use of bodies and anatomical
363	363	specimens under this chapter.
364	364	(a-3) The commission shall establish a process to
365	365	periodically verify a non-transplant anatomical donation
366	366	organization's compliance with the Standards for Non-Transplant
367	367	Anatomical Donation published by the American Association of Tissue
368	368	Banks. The process:
369	369	(1) may authorize the commission to inspect a
370	370	non-transplant anatomical donation organization; and
371	371	(2) may not:
372	372	(A) be duplicative of the accreditation process
373	373	described by Subsection (a-1); or
374	374	(B) occur more frequently than once every five
375	375	years.
376	376	(b) The commission [board] may investigate a willed body
377	377	program, non-transplant anatomical donation organization,
378	378	anatomical facility, or other person [or institution] if the
379	379	commission [board] has reason to believe that the program,
380	380	organization, facility, or person [or institution] has improperly
381	381	used a body or anatomical specimen.
382	382	(b-1) The commission may inspect a non-transplant
383	383	anatomical donation organization as part of an investigation
384	384	described by Subsection (b).
385	385	(c) The commission [board] may suspend or revoke a willed
386	386	body program's, non-transplant anatomical donation organization's,
387	387	anatomical facility's, or other person's registration or other [or
388	388	institution's] authorization to receive and use or dissect bodies
389	389	or anatomical specimens if the commission [board] determines that
390	390	the program, organization, facility, or person [or institution] has
391	391	improperly used a body or anatomical specimen.
392	392	(d) A willed body program, non-transplant anatomical
393	393	donation organization, anatomical facility, or other person [or
394	394	institution] is entitled to a hearing before the commission [board]
395	395	or a hearing examiner appointed by the commission [board] before
396	396	the commission [board] may revoke the program's, organization's,
397	397	facility's, or person's registration or other [or institution's]
398	398	authorization to receive and use or dissect bodies or anatomical
399	399	specimens. The commission [board] shall make all final decisions
400	400	to suspend or revoke an authorization.
401	401	(e) A registered non-transplant anatomical donation
402	402	organization must inform the commission within the time prescribed
403	403	by commission rule if the organization loses its accreditation with
404	404	the American Association of Tissue Banks.
405	405	(f) A commission member or holder of any license issued by
406	406	the commission may not hold an ownership interest in a registered
407	407	non-transplant anatomical donation organization.
408	408	(g) The commission shall adopt rules and procedures
409	409	necessary to administer this section.
410	410	SECTION 1.21. Subchapter A, Chapter 651, Occupations Code,
411	411	is amended by adding Section 651.005 to read as follows:
412	412	Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS,
413	413	NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND ANATOMICAL
414	414	FACILITIES. The commission shall regulate willed body programs,
415	415	non-transplant anatomical donation organizations, and anatomical
416	416	facilities as provided by Chapter 691, Health and Safety Code, and
417	417	in accordance with the powers and duties granted by this chapter to
418	418	the extent necessary to regulate the programs, organizations, and
419	419	facilities under that chapter.
420	420	SECTION 1.22. Section 651.057(a), Occupations Code, is
421	421	amended to read as follows:
422	422	(a) The governor shall designate one member of the
423	423	commission as the presiding officer of the commission to serve in
424	424	that capacity at the pleasure of the governor [for three years. In
425	425	designating presiding officers, the governor shall alternate
426	426	between public and nonpublic members].
427	427	SECTION 1.23. The following provisions of the Health and
428	428	Safety Code are repealed:
429	429	(1) Section 691.003;
430	430	(2) Section 691.004;
431	431	(3) Section 691.005;
432	432	(4) Section 691.006;
433	433	(5) Sections 691.007(a), (b), and (d);
434	434	(6) Sections 691.008(b) and (d);
435	435	(7) the headings to Sections 691.007 and 691.008; and
436	436	(8) Section 691.009.
437	437	ARTICLE 2. CONFORMING AMENDMENTS
438	438	SECTION 2.01. Article 43.25, Code of Criminal Procedure, is
439	439	amended to read as follows:
440	440	Art. 43.25. BODY OF CONVICT. The body of a convict who has
441	441	been legally executed shall be embalmed immediately and so directed
442	442	by the Director of the correctional institutions division of the
443	443	Texas Department of Criminal Justice [Department of Corrections].
444	444	If the body is not demanded or requested by a relative or bona fide
445	445	friend within forty-eight hours after execution then it shall be
446	446	delivered to the Texas Funeral Service Commission [Anatomical Board
447	447	of the State of Texas], if requested by the commission [Board]. If
448	448	the body is requested by a relative, a bona fide friend, or the
449	449	Texas Funeral Service Commission [Anatomical Board of the State of
450	450	Texas], such recipient shall pay a fee [of] not to exceed
451	451	twenty-five dollars to the mortician for the mortician's [his]
452	452	services in embalming the body for which the mortician shall issue
453	453	to the recipient a written receipt. When such receipt is delivered
454	454	to the Director of the correctional institutions division of the
455	455	Texas Department of Criminal Justice [Department of Corrections],
456	456	the body of the deceased shall be delivered to the party named in
457	457	the receipt or the party's [his] authorized agent. If the body is
458	458	not delivered to a relative, a bona fide friend, or the Texas
459	459	Funeral Service Commission [Anatomical Board of the State of
460	460	Texas], the Director of the correctional institutions division of
461	461	the Texas Department of Criminal Justice [Department of
462	462	Corrections] shall cause the body to be decently buried, and the fee
463	463	for embalming shall be paid by the county in which the indictment
464	464	which resulted in conviction was found.
465	465	SECTION 2.02. Section 404.093(b), Government Code, is
466	466	amended to read as follows:
467	467	(b) This subchapter does not apply to:
468	468	(1) funds pledged to the payment of bonds, notes, or
469	469	other debts if the funds are not otherwise required to be deposited
470	470	in the treasury;
471	471	(2) funds held in trust or escrow for the benefit of a
472	472	person or entity other than a state agency;
473	473	(3) funds set apart out of earnings derived from
474	474	investment of funds held in trust for others, as administrative
475	475	expenses of the trustee agency; or
476	476	(4) funds, grants, donations, and proceeds from funds,
477	477	grants, and donations, given in trust to the Texas State Library and
478	478	Archives Commission for the establishment and maintenance of
479	479	regional historical resource depositories and libraries in
480	480	accordance with Section 441.154[; or
481	481	[(5) funds under the management of the
482	482	secretary-treasurer of the Anatomical Board of the State of Texas,
483	483	as provided by Section 691.008, Health and Safety Code].
484	484	SECTION 2.03. Sections 692A.011(a), (b), and (c), Health
485	485	and Safety Code, are amended to read as follows:
486	486	(a) An anatomical gift may be made to the following persons
487	487	named in the document of gift:
488	488	(1) an organ procurement organization to be used for
489	489	transplantation, therapy, research, or education;
490	490	(2) a hospital to be used for research;
491	491	(3) subject to Subsection (d), an individual
492	492	designated by the person making the anatomical gift if the
493	493	individual is the recipient of the part;
494	494	(4) an eye bank or tissue bank, except that use of a
495	495	gift of a whole body must be coordinated through the Texas Funeral
496	496	Service Commission [Anatomical Board of the State of Texas];
497	497	(5) a forensic science program at:
498	498	(A) a general academic teaching institution as
499	499	defined by Section 61.003, Education Code; or
500	500	(B) a private or independent institution of
501	501	higher education as defined by Section 61.003, Education Code;
502	502	(6) a search and rescue organization or recovery team
503	503	that is recognized by the Texas Funeral Service Commission
504	504	[Anatomical Board of the State of Texas], is exempt from federal
505	505	taxation under Section 501(c)(3), Internal Revenue Code of 1986,
506	506	and uses human remains detection canines with the authorization of
507	507	a local or county law enforcement agency; [or]
508	508	(7) the Texas Funeral Service Commission; or
509	509	(8) a non-transplant anatomical donation organization
510	510	[Anatomical Board of the State of Texas].
511	511	(b) Except for donations described by Subsections (a)(1)
512	512	through (6), the Texas Funeral Service Commission or a
513	513	non-transplant anatomical donation organization [Anatomical Board
514	514	of the State of Texas] shall be the donee of gifts of bodies or parts
515	515	of bodies made for the purpose of education or research that are
516	516	subject to distribution by the commission or organization [board]
517	517	under Chapter 691.
518	518	(c) A forensic science program that receives a donation
519	519	under Subsection (a)(5) must submit a report to the Texas Funeral
520	520	Service Commission [Anatomical Board of the State of Texas] on a
521	521	quarterly basis that lists:
522	522	(1) the number of bodies or parts of bodies that the
523	523	program received; and
524	524	(2) the method in which the program used the bodies or
525	525	parts of bodies for education or research.
526	526	ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
527	527	SECTION 3.01. (a) The Anatomical Board of the State of
528	528	Texas is abolished but continues in existence until September 1,
529	529	2024, for the sole purpose of transferring obligations, property,
530	530	rights, powers, and duties to the Texas Funeral Service Commission.
531	531	The Texas Funeral Service Commission assumes all of the
532	532	obligations, property, rights, powers, and duties of the Anatomical
533	533	Board of the State of Texas as they exist immediately before the
534	534	effective date of this Act. All unexpended and unobligated funds
535	535	under the management of the secretary-treasurer of the Anatomical
536	536	Board of the State of Texas, as provided by Section 691.008, Health
537	537	and Safety Code, as that section existed immediately before the
538	538	effective date of this Act, are transferred to the general revenue
539	539	fund for the purpose of the Texas Funeral Service Commission
540	540	administering duties under Chapter 691, Health and Safety Code, as
541	541	amended by this Act.
542	542	(b) The Anatomical Board of the State of Texas and the Texas
543	543	Funeral Service Commission shall, in consultation with appropriate
544	544	state entities, ensure that the transfer of the obligations,
545	545	property, rights, powers, and duties of the Anatomical Board of the
546	546	State of Texas to the Texas Funeral Service Commission is completed
547	547	not later than September 1, 2024.
548	548	(c) All rules of the Anatomical Board of the State of Texas
549	549	are continued in effect as rules of the Texas Funeral Service
550	550	Commission until superseded by a rule of the Texas Funeral Service
551	551	Commission. An authorization issued by the Anatomical Board of the
552	552	State of Texas is continued in effect as provided by the law in
553	553	effect immediately before the effective date of this Act. An
554	554	authorization pending on the effective date of this Act is
555	555	continued without change in status after the effective date of this
556	556	Act. A complaint, investigation, or other proceeding pending on
557	557	the effective date of this Act is continued without change in status
558	558	after the effective date of this Act.
559	559	(d) Unless the context indicates otherwise, a reference to
560	560	the Anatomical Board of the State of Texas in a law or
561	561	administrative rule means the Texas Funeral Service Commission.
562	562	(e) The terms of the members of the Anatomical Board of the
563	563	State of Texas expire on September 1, 2024.
564	564	(f) For the state fiscal year ending August 31, 2024, the
565	565	Texas Funeral Service Commission shall quarterly prepare and submit
566	566	to the lieutenant governor, the speaker of the house of
567	567	representatives, the Sunset Advisory Commission, and each standing
568	568	committee of the legislature with primary jurisdiction over the
569	569	Texas Funeral Service Commission a report on the progress of the
570	570	transfer described by Subsection (a) of this section.
571	571	(g) Not later than December 1, 2024, the Texas Funeral
572	572	Service Commission shall submit to the Sunset Advisory Commission
573	573	and each standing committee of the legislature with primary
574	574	jurisdiction over the Texas Funeral Service Commission any
575	575	legislative recommendation necessary to improve the Texas Funeral
576	576	Service Commission's administration of Chapter 691, Health and
577	577	Safety Code, as amended by this Act.
578	578	SECTION 3.02. (a) Not later than the 60th day after the
579	579	effective date of this Act, the Texas Funeral Service Commission
580	580	shall appoint members to the State Anatomical Advisory Committee in
581	581	accordance with Section 691.002, Health and Safety Code, as amended
582	582	by this Act.
583	583	(b) The members of the Anatomical Board of the State of
584	584	Texas whose terms expire under Section 3.01 of this Act shall
585	585	continue to provide advice to the Texas Funeral Service Commission
586	586	until a majority of the members of the State Anatomical Advisory
587	587	Committee are appointed under Subsection (a) of this section and
588	588	qualified. A member of the Anatomical Board of the State of Texas
589	589	described by this subsection may be appointed to the State
590	590	Anatomical Advisory Committee if the member is otherwise eligible
591	591	for appointment under Section 691.002, Health and Safety Code, as
592	592	amended by this Act.
593	593	SECTION 3.03. This Act takes effect September 1, 2023.
594	594	______________________________ ______________________________
595	595	President of the Senate Speaker of the House
596	596	I hereby certify that S.B. No. 2040 passed the Senate on
597	597	April 24, 2023, by the following vote: Yeas 30, Nays 0; and that
598	598	the Senate concurred in House amendments on May 22, 2023, by the
599	599	following vote: Yeas 31, Nays 0.
600	600	______________________________
601	601	Secretary of the Senate
602	602	I hereby certify that S.B. No. 2040 passed the House, with
603	603	amendments, on May 19, 2023, by the following vote: Yeas 144,
604	604	Nays 0, two present not voting.
605	605	______________________________
606	606	Chief Clerk of the House
607	607	Approved:
608	608	______________________________
609	609	Date
610	610	______________________________
611	611	Governor