Texas 2023 - 88th Regular

Texas Senate Bill SB2186 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2186
2	2
3	3
4	4	AN ACT
5	5	relating to the manner of executing certain anatomical gift
6	6	records.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 692A.005, Health and Safety Code, is
9	9	amended by amending Subsections (a) and (b) and adding Subsection
10	10	(b-1) to read as follows:
11	11	(a) A donor may make an anatomical gift:
12	12	(1) by authorizing a statement or symbol indicating
13	13	that the donor has made an anatomical gift to be imprinted on the
14	14	donor's driver's license or identification card;
15	15	(2) in a will;
16	16	(3) during a terminal illness or injury of the donor,
17	17	by any form of communication addressed to at least two adults, at
18	18	least one of whom is a disinterested witness; or
19	19	(4) as provided in Subsection (b) or (b-1).
20	20	(b) A donor or other person authorized to make an anatomical
21	21	gift under Section 692A.004 may make a gift by a donor card or other
22	22	record signed by the donor or other person making the gift or by
23	23	authorizing that a statement or symbol indicating the donor has
24	24	made an anatomical gift be included on a donor registry. If the
25	25	donor or other person is physically unable to sign a record, the
26	26	record may be signed by another individual at the direction of the
27	27	donor or other person and must:
28	28	(1) be witnessed by at least two adults, at least one
29	29	of whom is a disinterested witness, who have signed at the request
30	30	of the donor or the other person, or be acknowledged before a notary
31	31	public; and
32	32	(2) state that the record has been signed and
33	33	witnessed or acknowledged as provided in Subdivision (1).
34	34	(b-1) A donor or other person authorized to make an
35	35	anatomical gift under Section 692A.004 may make a gift through an
36	36	online registry. The online registration:
37	37	(1) does not require the consent of another person or
38	38	require a witness to sign at the donor's request or a notary public
39	39	to acknowledge the gift; and
40	40	(2) constitutes a legal document under this chapter
41	41	that remains binding after the donor's death.
42	42	SECTION 2. Section 692A.006(b), Health and Safety Code, is
43	43	amended to read as follows:
44	44	(b) A record signed pursuant to Subsection (a)(1)(C) must:
45	45	(1) be witnessed by at least two adults, at least one
46	46	of whom is a disinterested witness, who have signed at the request
47	47	of the donor or the other person, or be acknowledged before a notary
48	48	public; and
49	49	(2) state that the record has been signed and
50	50	witnessed or acknowledged as provided in Subdivision (1).
51	51	SECTION 3. Section 692A.007(b), Health and Safety Code, is
52	52	amended to read as follows:
53	53	(b) A record signed pursuant to Subsection (a)(1)(B) must:
54	54	(1) be witnessed by at least two adults, at least one
55	55	of whom is a disinterested witness, who have signed at the request
56	56	of the individual, or be acknowledged before a notary public; and
57	57	(2) state that the record has been signed and
58	58	witnessed or acknowledged as provided in Subdivision (1).
59	59	SECTION 4. Chapter 692, Health and Safety Code, is
60	60	repealed.
61	61	SECTION 5. Sections 692A.005, 692A.006, and 692A.007,
62	62	Health and Safety Code, as amended by this Act, apply only to the
63	63	validity of a record executed on or after the effective date of this
64	64	Act. The validity of a record executed before the effective date of
65	65	this Act is governed by the law in effect on the date the record was
66	66	executed, and that law continues in effect for that purpose.
67	67	SECTION 6. The change in law made by this Act applies only
68	68	to a document executed on or after the effective date of this Act. A
69	69	document executed before the effective date of this Act is governed
70	70	by the law on the date the document was executed, and that law is
71	71	continued in effect for that purpose.
72	72	SECTION 7. This Act takes effect September 1, 2023.
73	73	______________________________ ______________________________
74	74	President of the Senate Speaker of the House
75	75	I hereby certify that S.B. No. 2186 passed the Senate on
76	76	April 20, 2023, by the following vote: Yeas 26, Nays 5.
77	77	______________________________
78	78	Secretary of the Senate
79	79	I hereby certify that S.B. No. 2186 passed the House on
80	80	May 17, 2023, by the following vote: Yeas 115, Nays 29,
81	81	one present not voting.
82	82	______________________________
83	83	Chief Clerk of the House
84	84	Approved:
85	85	______________________________
86	86	Date
87	87	______________________________
88	88	Governor