Texas 2025 - 89th Regular

Texas House Bill HB5278 Compare Versions

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1	1	2025S0241-1 03/13/25
2	2	By: Bell of Kaufman H.B. No. 5278
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of persons who provide
10	10	services in relation to the deceased; creating a criminal offense
11	11	and increasing the punishment for an existing criminal offense;
12	12	expanding the application of a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 691.001, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 691.001. DEFINITIONS. In this chapter:
17	17	(1) "Advisory committee" means the State Anatomical
18	18	Advisory Committee.
19	19	(1-a) "Advancement of medical or forensic science"
20	20	means activities conducted within accredited medical, dental, or
21	21	forensic science programs aimed at training individuals under the
22	22	supervision of professionals licensed in their respective fields in
23	23	educational environments where knowledge, skills, and competencies
24	24	are imparted in accordance with accrediting standards, and research
25	25	projects. Such research projects must be designed to expand
26	26	knowledge within the fields and require formal approval by a
27	27	recognized institutional review board or an equivalent ethical
28	28	oversight body.
29	29	(1-b) "Authorized recipient" means a person or
30	30	facility located in this state that in accordance with state law and
31	31	the rules adopted under this chapter obtains a whole body, body
32	32	segment, part, or non-transplant anatomical part from a human body
33	33	acquisition service or the commission ["Anatomical facility" means
34	34	a facility in this state inspected and approved by the commission
35	35	under Section 691.034 that does not operate as a willed body program
36	36	or a non-transplant anatomical donation organization].
37	37	(2) "Body" means the intact corporeal remains of a
38	38	human [corpse].
39	39	(2-a) "Body segment" means a portion of a whole body
40	40	detached for purposes of study, evaluation, education, or research
41	41	and composed of contiguous mixed tissues with relationships altered
42	42	only at the segment boundaries.
43	43	(3) "Anatomical specimen" means a part of a human
44	44	corpse used for an educational or research purpose.
45	45	(4) "Commission" means the Texas Funeral Service
46	46	Commission.
47	47	(4-a) "Human body acquisition service" means a person
48	48	or facility that solicits, retrieves, performs donor selection on,
49	49	preserves, transports, allocates, distributes, acquires,
50	50	processes, stores, or arranges storage for whole bodies, body
51	51	segments, parts, or non-transplant anatomical parts, solely for
52	52	educational or research purposes.
53	53	(5) "Non-transplant anatomical donation organization"
54	54	means a person or facility required to be licensed that solicits,
55	55	retrieves, performs donor selection on, preserves, transports,
56	56	allocates, distributes, acquires, processes, stores, or arranges
57	57	storage for whole bodies, body segments, parts, or non-transplant
58	58	anatomical parts, solely for educational or research purposes
59	59	[accredited to engage in the recovery, receipt, screening, testing,
60	60	processing, storage, or distribution of tissue or human remains for
61	61	any purpose other than transplantation into a living individual in
62	62	this state].
63	63	(6) "Willed body program" means a program operated at
64	64	an institution of higher education in this state that is required to
65	65	be licensed by the commission and allows a living individual to
66	66	donate the individual's body or anatomical specimen for educational
67	67	or research purposes.
68	68	SECTION 2. Section 691.002(b), Health and Safety Code, is
69	69	amended to read as follows:
70	70	(b) The advisory committee is composed of seven members
71	71	appointed by the commission [as follows:
72	72	[(1) two members who represent institutions of higher
73	73	education that operate willed body programs;
74	74	[(2) two members who represent non-transplant
75	75	anatomical donation organizations;
76	76	[(3) two members who represent anatomical facilities;
77	77	and
78	78	[(4) one public member].
79	79	SECTION 3. Subchapter A, Chapter 691, Health and Safety
80	80	Code, is amended by adding Sections 691.003 and 691.004 to read as
81	81	follows:
82	82	Sec. 691.003. RECORDS. In addition to the records required
83	83	to be maintained by the commission under Sections 691.011 and
84	84	691.031, the commission shall maintain a secure electronic
85	85	database, accessible to persons designated by the person giving
86	86	informed consent under Section 691.0235, that contains the informed
87	87	consent documentation provided to the commission by the anatomical
88	88	facility, non-transplant anatomical donation organization, willed
89	89	body program, and authorized recipient, along with a unique
90	90	identifier for every whole body, body segment, part, or
91	91	non-transplant anatomical part tied to the donor. Each human body
92	92	acquisition service facility, non-transplant anatomical donation
93	93	organization, willed body program, and authorized recipient shall
94	94	tag each whole body, body segment, part, or non-transplant
95	95	anatomical part with the unique identifier prior to transfer to the
96	96	authorized recipient, who shall update the database with the
97	97	current location of the whole body, body segment, part, or
98	98	non-transplant anatomical part until final disposition.
99	99	Sec. 691.004. ENFORCEMENT AND CRIMINAL PENALTY. (a) Each
100	100	human body acquisition service facility, non-transplant anatomical
101	101	donation organization, willed body program, and authorized
102	102	recipient is subject to regulation, including investigations and
103	103	enforcement, under this chapter.
104	104	(b) The commission, or the commission's executive director,
105	105	may, on sufficient cause as determined by the commission,
106	106	immediately revoke authorization for any human body acquisition
107	107	service or authorized recipient to operate in this state to ensure
108	108	compliance with this chapter or commission rule.
109	109	(c) A person who knowingly violates this chapter commits an
110	110	offense.
111	111	(d) An offense under this section is a state jail felony.
112	112	SECTION 4. Sections 691.010(b) and (c), Health and Safety
113	113	Code, are amended to read as follows:
114	114	(b) The commission by rule shall establish methods by which
115	115	service recipients can be notified of the name, mailing address,
116	116	and telephone number of the commission for the purpose of directing
117	117	complaints to the commission. The commission may provide for that
118	118	notification by including the information on each written contract
119	119	relating to bodies willed or donated to an entity licensed or
120	120	regulated by the commission or otherwise authorized by the
121	121	commission to receive bodies.
122	122	(c) The commission shall keep an information file about each
123	123	complaint filed with the commission relating to its functions under
124	124	this chapter. If a written complaint is filed with the commission
125	125	relating to a person licensed or [or an entity] regulated by the
126	126	commission under this chapter, the commission shall periodically
127	127	notify the parties to the complaint of the status of the complaint
128	128	until final disposition unless notice would jeopardize an
129	129	undercover investigation.
130	130	SECTION 5. Section 691.011, Health and Safety Code, is
131	131	amended to read as follows:
132	132	Sec. 691.011. RECORDS. The commission shall keep
133	133	identification records [of each body donated to the commission and]
134	134	of each body or anatomical specimen for which [distributed by] the
135	135	commission authorizes distribution.
136	136	SECTION 6. Section 691.012, Health and Safety Code, is
137	137	amended to read as follows:
138	138	Sec. 691.012. FEES. [(a)] The commission by rule may set
139	139	and collect fees in amounts reasonable and necessary to cover the
140	140	cost of administering this chapter, including fees for:
141	141	(1) authorizing the receipt and distribution of
142	142	[receiving and distributing] bodies and anatomical specimens;
143	143	(2) conducting inspections and other verification
144	144	activities authorized under Section 691.034; and
145	145	(3) licensing [registering] willed body programs,
146	146	authorized recipients, anatomical facilities, and non-transplant
147	147	anatomical donation organizations.
148	148	[(b) A non-transplant anatomical donation organization is
149	149	exempt from a fee described by Subsection (a)(1).]
150	150	SECTION 7. Section 691.022, Health and Safety Code, is
151	151	amended to read as follows:
152	152	Sec. 691.022. GENERAL DUTIES. (a) The commission shall
153	153	authorize the distribution of [distribute] bodies and anatomical
154	154	specimens to persons authorized to receive a body or specimen under
155	155	this chapter or Chapter 692A. [This subsection does not apply to a
156	156	body or specimen donated to a registered non-transplant anatomical
157	157	donation organization.]
158	158	(b) The commission shall adopt rules to:
159	159	(1) prohibit a licensed human body acquisition
160	160	service, authorized recipient, willed body program, or
161	161	non-transplant anatomical donation organization from accepting any
162	162	donation of a body or anatomical specimen, including a direct
163	163	donation, unless the commission authorizes the facility to receive
164	164	the donation; and
165	165	(2) ensure that each body and anatomical specimen is
166	166	treated with respect while in the custody of the [commission or]
167	167	person authorized to receive the body or specimen.
168	168	(c) The commission shall adopt rules, establish procedures,
169	169	and prescribe forms necessary to administer and enforce this
170	170	chapter, including rules establishing licensing [registration] and
171	171	inspection requirements and procedures. The commission may issue
172	172	a reprimand, assess an administrative penalty, impose other
173	173	penalties, or revoke, suspend, or probate a license [registration
174	174	or other authorization] for a violation of this chapter or a
175	175	commission rule adopted under this chapter, including a violation
176	176	related to an inspection conducted under Section 691.034, in the
177	177	manner provided by Chapter 651, Occupations Code.
178	178	SECTION 8. The heading to Section 691.023, Health and
179	179	Safety Code, is amended to read as follows:
180	180	Sec. 691.023. DUTY REGARDING [TO DELIVER] CERTAIN BODIES
181	181	[TO COMMISSION].
182	182	SECTION 9. Section 691.023(a), Health and Safety Code, is
183	183	amended to read as follows:
184	184	(a) An officer, employee, or representative of the state, of
185	185	a political subdivision, or of an institution having charge or
186	186	control of a body not claimed for burial or a body required to be
187	187	buried at public expense shall:
188	188	(1) notify the commission or the commission's
189	189	representative of the body's existence when the body comes into the
190	190	person's possession, charge, or control if notified in writing to
191	191	do so by the commission or the commission's representative; and
192	192	(2) deliver the body in accordance with the direction
193	193	of the commission[; and
194	194	[(3) allow the commission, the commission's
195	195	representative, or a physician designated by the commission who
196	196	complies with this chapter to remove the body to be used for the
197	197	advancement of medical or forensic science].
198	198	SECTION 10. Subchapter B, Chapter 691, Health and Safety
199	199	Code, is amended by adding Section 691.0235 to read as follows:
200	200	Sec. 691.0235. PERSONS AUTHORIZED TO DONATE BODY FOR
201	201	ADVANCEMENT OF MEDICAL OR FORENSIC SCIENCE. (a) Notwithstanding
202	202	any other provision of this chapter, but subject to Subsections (b)
203	203	and (c), a person is prohibited from donating a body not claimed for
204	204	burial or a body required to be buried at public expense to a willed
205	205	body program, a non-transplant anatomical donation organization,
206	206	or another donee licensed by the commission for use of the body in
207	207	the advancement of medical or forensic science.
208	208	(b) A donor may by will or other written instrument in
209	209	accordance with Section 691.028 donate the donor's body to an
210	210	entity described by Subsection (a).
211	211	(c) A person who may claim a decedent's body for burial
212	212	under Section 691.024 may provide informed consent for the body to
213	213	be donated to an entity described by Subsection (a).
214	214	(d) The commission shall adopt rules necessary to implement
215	215	this section.
216	216	SECTION 11. Section 691.025(d), Health and Safety Code, is
217	217	amended to read as follows:
218	218	(d) A relative of the deceased may claim the body within 60
219	219	days after the body has been delivered to an institution or other
220	220	entity licensed under this chapter and authorized to receive the
221	221	body. The body shall be released without charge.
222	222	SECTION 12. Sections 691.028(a) and (b), Health and Safety
223	223	Code, are amended to read as follows:
224	224	(a) An adult living in this state who is of sound mind may
225	225	donate the adult's body by will or other written instrument to the
226	226	commission, a willed body program [of a medical or dental school], a
227	227	non-transplant anatomical donation organization, or another donee
228	228	in this state as authorized by the commission to be used for the
229	229	advancement of medical or forensic science. A donor may not donate
230	230	the donor's body to an entity located outside of this state unless
231	231	the commission in writing authorizes the donation.
232	232	(b) To be effective, the donor must provide informed consent
233	233	by signing a written instrument on a form prescribed by the
234	234	commission in the presence of two adult witnesses [the will or other
235	235	written instrument and it must be witnessed by two adults]. The
236	236	donor must [is not required to] use the commission's [a particular]
237	237	form [or particular words] in making the donation. The written[,
238	238	but the will or other] instrument must clearly convey:
239	239	(1) the donor's intent; and
240	240	(2) the donor's acknowledgment that the donor was
241	241	informed about:
242	242	(A) the consequences of the donation before
243	243	providing consent;
244	244	(B) the use the donee plans for the donated body
245	245	parts, which must comply with this chapter and commission rules;
246	246	and
247	247	(C) if applicable, any body part and the
248	248	condition in which the body part will be returned to the person
249	249	designated by the donor.
250	250	SECTION 13. Sections 691.030(a), (b), and (c), Health and
251	251	Safety Code, are amended to read as follows:
252	252	(a) The commission [or the commission's representative]
253	253	shall authorize the distribution or redistribution of [distribute
254	254	bodies donated to it and may redistribute] bodies donated to
255	255	persons licensed [medical or dental schools or other donees
256	256	authorized] by the commission to:
257	257	(1) willed body programs of schools and colleges [of
258	258	chiropractic, osteopathy, medicine, or dentistry] incorporated in
259	259	this state;
260	260	(2) [forensic science programs;
261	261	[(3) search and rescue organizations or recovery teams
262	262	that are recognized by the commission, are exempt from federal
263	263	taxation under Section 501(c)(3), Internal Revenue Code of 1986,
264	264	and use human remains detection canines with the authorization of a
265	265	local or county law enforcement agency;
266	266	[(4)] physicians licensed to practice in this state;
267	267	(3) [(5)] anatomical facilities; and
268	268	(4) authorized recipients [(6) other persons as
269	269	provided by this section].
270	270	(b) In authorizing [making] the distribution, the
271	271	commission shall give first priority to the schools and colleges of
272	272	medicine in this state and second priority to schools and colleges
273	273	that need bodies for lectures and demonstrations.
274	274	(c) If the commission has remaining bodies, the commission
275	275	[or the commission's representative] shall authorize the
276	276	distribution or redistribution of [distribute or redistribute]
277	277	those bodies to the schools and colleges proportionately and
278	278	equitably according to the number of students in each school or
279	279	college receiving instruction or demonstration in normal or morbid
280	280	anatomy and operative surgery. The dean of each school or college
281	281	shall certify that number to the commission when required by the
282	282	commission.
283	283	SECTION 14. Section 691.031, Health and Safety Code, is
284	284	amended by adding Subsection (a-1) to read as follows:
285	285	(a-1) In the rules the commission adopts under Subsection
286	286	(a), the commission shall include enforcement provisions to ensure
287	287	that the documentation and labeling requirements of this section
288	288	are satisfied for each body or anatomical specimen received or
289	289	distributed under this chapter.
290	290	SECTION 15. Section 691.033, Health and Safety Code, is
291	291	amended by adding Subsections (e) and (f) to read as follows:
292	292	(e) Only a licensed willed body program, non-transplant
293	293	anatomical donation organization, authorized recipient, or human
294	294	body acquisition service is permitted to effectuate the final
295	295	disposition of a body distributed under this chapter, exclusively
296	296	by a commission-licensed, flame-based cremation facility in this
297	297	state.
298	298	(f) A willed body program, non-transplant anatomical
299	299	donation organization, authorized recipient, or human body
300	300	acquisition service shall return an anatomical specimen after use
301	301	to the person designated by the donor.
302	302	SECTION 16. The heading to Section 691.034, Health and
303	303	Safety Code, is amended to read as follows:
304	304	Sec. 691.034. LICENSURE AND REGULATION [AND REGISTRATION]
305	305	OF PERSONS AND INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS.
306	306	SECTION 17. Sections 691.034(a), (a-2), (a-3), (b), (c),
307	307	(d), and (e), Health and Safety Code, are amended to read as
308	308	follows:
309	309	(a) A willed body program, human body acquisition service,
310	310	authorized recipient, or non-transplant anatomical donation
311	311	organization may not operate in this state unless the program or
312	312	organization is licensed by [registers with] the commission in the
313	313	form and manner prescribed by the commission.
314	314	(a-2) The commission shall license [inspect and may
315	315	approve] willed body programs, non-transplant anatomical donation
316	316	organizations, and anatomical facilities for the receipt and use of
317	317	bodies and anatomical specimens under this chapter. The commission
318	318	shall inspect willed body programs, non-transplant anatomical
319	319	donation organizations, and anatomical facilities at least once
320	320	every three years.
321	321	(a-3) The commission shall establish a process to
322	322	periodically verify a non-transplant anatomical donation
323	323	organization's compliance with state laws and regulations [the
324	324	Standards for Non-Transplant Anatomical Donation published by the
325	325	American Association of Tissue Banks. The process:
326	326	[(1) may authorize the commission to inspect a
327	327	non-transplant anatomical donation organization; and
328	328	[(2) may not:
329	329	[(A) be duplicative of the accreditation process
330	330	described by Subsection (a-1); or
331	331	[(B) occur more frequently than once every five
332	332	years].
333	333	(b) The commission may investigate or inspect a willed body
334	334	program, non-transplant anatomical donation organization, human
335	335	body acquisition service, authorized recipient [anatomical
336	336	facility], or other person if the commission has reason to believe
337	337	that the program, organization, service, recipient [facility], or
338	338	person has improperly used a body or anatomical specimen.
339	339	(c) The commission shall [may] suspend or revoke a willed
340	340	body program's, non-transplant anatomical donation organization's,
341	341	human body acquisition service's, authorized recipient's
342	342	[anatomical facility's], or other person's license [registration]
343	343	or other authorization to receive and use or dissect bodies or
344	344	anatomical specimens if the commission determines that the program,
345	345	organization, service, recipient [facility], or person has
346	346	improperly used a body or anatomical specimen.
347	347	(d) A willed body program, non-transplant anatomical
348	348	donation organization, human body acquisition service, authorized
349	349	recipient [anatomical facility], or other person is entitled to a
350	350	hearing before the commission or a hearing examiner appointed by
351	351	the commission before the commission may revoke the program's,
352	352	organization's, service's, recipient's [facility's], or person's
353	353	license [registration] or other authorization to receive and use or
354	354	dissect bodies or anatomical specimens. The commission shall make
355	355	all final decisions to suspend or revoke a license or [an]
356	356	authorization.
357	357	(e) A licensed [registered] non-transplant anatomical
358	358	donation organization must inform the commission within the time
359	359	prescribed by commission rule if the organization loses its
360	360	accreditation with the American Association of Tissue Banks.
361	361	SECTION 18. Section 691.035(b), Health and Safety Code, is
362	362	amended to read as follows:
363	363	(b) An offense under this section is a Class B misdemeanor
364	364	[punishable by a fine of not less than $100 or more than $500].
365	365	SECTION 19. Subchapter B, Chapter 691, Health and Safety
366	366	Code, is amended by adding Section 691.036 to read as follows:
367	367	Sec. 691.036. HUMAN BODY ACQUISITION SERVICE FACILITY
368	368	STANDARDS. The commission shall adopt minimum standards for human
369	369	body acquisition services licensed under this chapter. The
370	370	standards must require a human body acquisition service facility
371	371	to:
372	372	(1) meet the applicable building, fire safety, and
373	373	health standards imposed by this state, and, if located in a
374	374	municipality, imposed by the municipality, for similar facilities;
375	375	(2) be in a fixed location;
376	376	(3) include a presentation room containing the
377	377	facilities, equipment, and supplies required by commission rule to
378	378	ensure the provision of adequate services;
379	379	(4) be designed to ensure security and respectful
380	380	treatment of bodies and to restrict public view of and access to
381	381	bodies;
382	382	(5) include other facilities as necessary to comply
383	383	with the applicable sanitary codes of this state and the
384	384	municipality in which the facility is located; and
385	385	(6) include any other construction, health, and safety
386	386	provisions the commission determines necessary to protect the
387	387	public and donors.
388	388	SECTION 20. Section 692A.002, Health and Safety Code, is
389	389	amended by adding Subdivision (3-a) to read as follows:
390	390	(3-a) "Commission" means the Texas Funeral Service
391	391	Commission.
392	392	SECTION 21. Chapter 692A, Health and Safety Code, is
393	393	amended by adding Section 692A.0035 to read as follows:
394	394	Sec. 692A.0035. LICENSE REQUIRED FOR WILLED BODY PROGRAM.
395	395	A person may not receive an anatomical gift as part of a willed body
396	396	program, as defined by Section 691.001, in this state unless the
397	397	program is licensed by the commission.
398	398	SECTION 22. Sections 692A.011(a) and (b), Health and Safety
399	399	Code, are amended to read as follows:
400	400	(a) An anatomical gift may be made to the following persons
401	401	named in the document of gift:
402	402	(1) an organ procurement organization to be used for
403	403	transplantation, therapy, research, or education;
404	404	(2) a hospital to be used for research;
405	405	(3) subject to Subsection (d), an individual
406	406	designated by the person making the anatomical gift if the
407	407	individual is the recipient of the part;
408	408	(4) an eye bank or tissue bank, except that use of a
409	409	gift of a whole body must be coordinated through and authorized by
410	410	the commission [Texas Funeral Service Commission];
411	411	(5) a forensic science program licensed by the
412	412	commission at:
413	413	(A) a general academic teaching institution as
414	414	defined by Section 61.003, Education Code; or
415	415	(B) a private or independent institution of
416	416	higher education as defined by Section 61.003, Education Code;
417	417	(6) [a search and rescue organization or recovery team
418	418	that is recognized by the Texas Funeral Service Commission, is
419	419	exempt from federal taxation under Section 501(c)(3), Internal
420	420	Revenue Code of 1986, and uses human remains detection canines with
421	421	the authorization of a local or county law enforcement agency;
422	422	[(7)] the commission [Texas Funeral Service
423	423	Commission]; or
424	424	(7) [(8)] a licensed non-transplant anatomical
425	425	donation organization as authorized by the commission.
426	426	(b) Except for donations described by Subsections (a)(1)
427	427	through (5) [(6)], the commission [Texas Funeral Service
428	428	Commission] or a licensed non-transplant anatomical donation
429	429	organization as authorized by the commission shall be the donee of
430	430	gifts of bodies or parts of bodies made for the purpose of education
431	431	or research that are subject to distribution as authorized by the
432	432	commission [or organization] under Chapter 691.
433	433	SECTION 23. Section 711.002, Health and Safety Code, is
434	434	amended by amending Subsection (k) and adding Subsection (k-1) to
435	435	read as follows:
436	436	(k) Any dispute among any of the persons listed in
437	437	Subsection (a) concerning their right to control the disposition,
438	438	including cremation, of a decedent's remains shall be resolved by a
439	439	court with jurisdiction over probate proceedings for the decedent,
440	440	regardless of whether a probate proceeding has been initiated.
441	441	(k-1) A cemetery organization or funeral establishment that
442	442	is aware of a dispute described by Subsection (k) is [shall] not
443	443	[be] liable for refusing to accept the decedent's remains, or to
444	444	inter or otherwise dispose of the decedent's remains, until it
445	445	receives a court order or other suitable confirmation that the
446	446	dispute has been resolved or settled. A cemetery organization or
447	447	funeral establishment that is unaware of a dispute described by
448	448	Subsection (k) is not liable for disposing of the decedent's
449	449	remains if the organization or establishment:
450	450	(1) reasonably relies in good faith on the
451	451	representations of a person who states in writing that the person is
452	452	entitled to control the disposition of the decedent's remains;
453	453	(2) disposes of the decedent's remains in accordance
454	454	with the written directions of the person described by Subdivision
455	455	(1); and
456	456	(3) is unaware, after inquiring of the person
457	457	described by Subdivision (1), of another person who is listed in a
458	458	priority before the person described by Subdivision (1).
459	459	SECTION 24. Section 711.008(a), Health and Safety Code, is
460	460	amended to read as follows:
461	461	(a) Except as provided by Subsections (b), (f), (g), (g-1),
462	462	(g-2), [(g-3), (g-4),] (h), (k), and (m), an individual,
463	463	corporation, partnership, firm, trust, or association may not
464	464	establish or operate a cemetery, or use any land for the interment
465	465	of remains, located:
466	466	(1) in or within one mile of the boundaries of a
467	467	municipality with a population of 5,000 to 25,000;
468	468	(2) in or within two miles of the boundaries of a
469	469	municipality with a population of 25,000 to 50,000;
470	470	(3) in or within three miles of the boundaries of a
471	471	municipality with a population of 50,000 to 100,000;
472	472	(4) in or within four miles of the boundaries of a
473	473	municipality with a population of 100,000 to 200,000; or
474	474	(5) in or within five miles of the boundaries of a
475	475	municipality with a population of at least 200,000.
476	476	SECTION 25. Section 651.202, Occupations Code, is amended
477	477	by adding Subsection (g) to read as follows:
478	478	(g) Notwithstanding any other provision of this section, a
479	479	commission employee may dismiss a complaint without further
480	480	investigation under Subsection (c) if:
481	481	(1) the subject matter of the complaint is a funeral
482	482	service provided under a contract with a license holder and the
483	483	complainant is not:
484	484	(A) a party to the contract; or
485	485	(B) the person entitled under Section
486	486	711.002(a), Health and Safety Code, to control the disposition of
487	487	the remains of the decedent to whom the service relates; or
488	488	(2) regardless of the subject matter of the complaint,
489	489	the complaint is not accompanied by substantial evidence of a
490	490	violation of a statute administered by the commission.
491	491	SECTION 26. Subchapter I, Chapter 651, Occupations Code, is
492	492	amended by adding Section 651.411 to read as follows:
493	493	Sec. 651.411. SCOPE OF SERVICE INVOLVING CERTAIN ANATOMICAL
494	494	GIFTS. The commission by rule may prescribe the minimum
495	495	requirements for a licensed funeral establishment to provide a
496	496	service in relation to an anatomical gift made under Chapter 691 or
497	497	692A, Health and Safety Code, that is not intended for
498	498	transplantation, including requirements for the storage or
499	499	transportation of the anatomical gift.
500	500	SECTION 27. Chapter 651, Occupations Code, is amended by
501	501	adding Subchapter O to read as follows:
502	502	SUBCHAPTER O. CIVIL ACTION AGAINST LICENSE HOLDER
503	503	Sec. 651.701. LIMITATION ON BRINGING ACTION FOR ACT OR
504	504	OMISSION RELATED TO REGULATED SERVICE. (a) A person may not bring
505	505	an action against a license holder to recover damages for an act or
506	506	omission related to a service for which a license is required under
507	507	this chapter and provided under a contract unless the person is:
508	508	(1) a party to the contract; or
509	509	(2) entitled under Section 711.002(a), Health and
510	510	Safety Code, to control the disposition of the remains of the
511	511	decedent to whom the service relates.
512	512	(b) If the person who may bring an action under Subsection
513	513	(a)(1) or (2) is incapacitated or otherwise unable to bring the
514	514	action, the person's legal guardian may bring the action on the
515	515	person's behalf.
516	516	(c) Notwithstanding any other provision of law, a funeral
517	517	establishment, funeral director, or embalmer licensed under the
518	518	laws of this state shall be indemnified and held harmless for any
519	519	preexisting condition, state of decomposition, infestation, or
520	520	alteration of a deceased human body that existed prior to the time
521	521	when the funeral establishment, funeral director, or embalmer took
522	522	custody of the remains from a human body acquisition service
523	523	facility, authorized recipient, willed body program, or
524	524	non-transplant anatomical donation organization.
525	525	Sec. 651.702. LIMITATION ON NONECONOMIC DAMAGES. (a)
526	526	Except as provided by Subsection (b), in an action described by
527	527	Section 651.701, the civil liability for noneconomic damages of the
528	528	license holder, inclusive of all persons and entities for which
529	529	vicarious liability theories may apply, is limited to an amount not
530	530	to exceed $250,000 for each claimant, regardless of the number of
531	531	defendants against whom the claim is asserted or the number of
532	532	separate causes of action on which the claim is based.
533	533	(b) The limitation on civil liability under Subsection (a)
534	534	does not apply if the act or omission on which the claim is based
535	535	constitutes gross negligence or intentional misconduct.
536	536	Sec. 651.703. IMMUNITY FOR GOOD FAITH RELIANCE ON
537	537	REPRESENTATIONS OF CERTAIN PERSONS. A license holder is not liable
538	538	for an act or omission related to providing a service for which a
539	539	license is required under this chapter if the license holder with
540	540	respect to the act or omission reasonably relied in good faith on
541	541	the representation of a person who:
542	542	(1) conducts an inquest under Chapter 49, Code of
543	543	Criminal Procedure, on the body or body part to which the service
544	544	relates; or
545	545	(2) is a person or institution with charge or control
546	546	under Chapter 691 or 692A, Health and Safety Code, of the body or
547	547	body part to which the service relates.
548	548	SECTION 28. The following sections of the Health and Safety
549	549	Code are repealed:
550	550	(1) Sections 691.002(c), (d), (e), and (f);
551	551	(2) Section 691.025(c);
552	552	(3) Sections 691.034(a-1) and (f); and
553	553	(4) Sections 711.008(g-3) and (g-4).
554	554	SECTION 29. Section 651.702, Occupations Code, as added by
555	555	this Act, is an exercise of authority under Section 66(c), Article
556	556	III, Texas Constitution, and takes effect only if this Act receives
557	557	a vote of three-fifths of all the members elected to each house, as
558	558	provided by Subsection (e) of that section.
559	559	SECTION 30. Subchapter O, Chapter 651, Occupations Code, as
560	560	added by this Act, applies only to a cause of action that accrues on
561	561	or after the effective date of this Act. A cause of action that
562	562	accrued before the effective date of this Act is governed by the law
563	563	as it existed immediately before the effective date of this Act, and
564	564	that law is continued in effect for that purpose.
565	565	SECTION 31. As soon as practicable after the effective date
566	566	of this Act, the Texas Funeral Service Commission shall adopt rules
567	567	necessary to implement Chapters 691 and 692A, Health and Safety
568	568	Code, and Chapter 651, Occupations Code, as amended by this Act.
569	569	SECTION 32. This Act takes effect September 1, 2025.