BILL ANALYSIS Senate Research Center S.B. 1406 89R10579 EAS-D By: Parker Health & Human Services 4/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Disturbing issues have recently come to light regarding unclaimed bodies being routed to non-transplant anatomical donation organizations (NADOs) or willed body programs without any formal consent from surviving relatives. One high-profile investigation, involving the University of North Texas Health Science Center, exposed how unclaimed decedentsoften impoverished or homeless individualshad their remains dissected and sent for medical research or training, leaving families shocked to learn what happened months or years later. S.B. 1406 seeks address this issue by clearly specifying a body cannot be donated to a willed body program of a medical or dental school, a non-transplant anatomical donation organization, or another donee without clear and explicit informed consent from a donor or their next of kin. As proposed, S.B. 1406 amends current law relating to persons with the authority to donate a body to certain entities for the advancement of medical or forensic science. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Funeral Service Commission in SECTION 2 (Section 691.0235, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 691.023(a), Health and Safety Code, as follows: (a) Deletes existing text requiring an officer, employee, or representative of the state, of a political subdivision, or of an institution having charge or control of a body not claimed for burial or a body required to be buried at public expense to allow the Texas Funeral Service Commission (TFSC), TFSC's representative, or a physician designated by TFCS who complies with Chapter 691 (Donation of Bodies and Anatomical Specimens) to remove the body to be used for the advancement of medical or forensic science. Makes nonsubstantive changes. SECTION 2. Amends Subchapter B, Chapter 691, Health and Safety Code, by adding Section 691.0235, as follows: Sec. 691.0235. PERSONS WITH AUTHORITY TO DONATE BODY FOR ADVANCEMENT OF MEDICAL OR FORENSIC SCIENCE. (a) Prohibits a person, notwithstanding any other provision of this chapter, and subject to Subsections (b) and (c), from donating a body not claimed for burial or a body required to be buried at public expense to a willed body program of a medical or dental school, a non-transplant anatomical donation organization, or another donee authorized by TFSC to be used for the advancement of medical or forensic science. (b) Authorizes a decedent's body to be donated to an entity described by Subsection (a) by will or other written instrument in accordance with Section 691.028 (Donation of Body by Written Instrument). (c) Authorizes a person who is authorized to lawfully claim a decedent's body for burial under Section 691.024 (Persons Who May Claim Body for Burial) to provide informed consent for the body to be donated to an entity described by Subsection (a). (d) Requires TFSC to adopt rules necessary to implement this section. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1406
89R10579 EAS-D By: Parker
Health & Human Services
4/14/2025
As Filed
Senate Research Center
S.B. 1406
89R10579 EAS-D
By: Parker
Health & Human Services
4/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Disturbing issues have recently come to light regarding unclaimed bodies being routed to non-transplant anatomical donation organizations (NADOs) or willed body programs without any formal consent from surviving relatives. One high-profile investigation, involving the University of North Texas Health Science Center, exposed how unclaimed decedentsoften impoverished or homeless individualshad their remains dissected and sent for medical research or training, leaving families shocked to learn what happened months or years later.
S.B. 1406 seeks address this issue by clearly specifying a body cannot be donated to a willed body program of a medical or dental school, a non-transplant anatomical donation organization, or another donee without clear and explicit informed consent from a donor or their next of kin.
As proposed, S.B. 1406 amends current law relating to persons with the authority to donate a body to certain entities for the advancement of medical or forensic science.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Funeral Service Commission in SECTION 2 (Section 691.0235, Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 691.023(a), Health and Safety Code, as follows:
(a) Deletes existing text requiring an officer, employee, or representative of the state, of a political subdivision, or of an institution having charge or control of a body not claimed for burial or a body required to be buried at public expense to allow the Texas Funeral Service Commission (TFSC), TFSC's representative, or a physician designated by TFCS who complies with Chapter 691 (Donation of Bodies and Anatomical Specimens) to remove the body to be used for the advancement of medical or forensic science. Makes nonsubstantive changes.
SECTION 2. Amends Subchapter B, Chapter 691, Health and Safety Code, by adding Section 691.0235, as follows:
Sec. 691.0235. PERSONS WITH AUTHORITY TO DONATE BODY FOR ADVANCEMENT OF MEDICAL OR FORENSIC SCIENCE. (a) Prohibits a person, notwithstanding any other provision of this chapter, and subject to Subsections (b) and (c), from donating a body not claimed for burial or a body required to be buried at public expense to a willed body program of a medical or dental school, a non-transplant anatomical donation organization, or another donee authorized by TFSC to be used for the advancement of medical or forensic science.
(b) Authorizes a decedent's body to be donated to an entity described by Subsection (a) by will or other written instrument in accordance with Section 691.028 (Donation of Body by Written Instrument).
(c) Authorizes a person who is authorized to lawfully claim a decedent's body for burial under Section 691.024 (Persons Who May Claim Body for Burial) to provide informed consent for the body to be donated to an entity described by Subsection (a).
(d) Requires TFSC to adopt rules necessary to implement this section.
SECTION 3. Effective date: September 1, 2025.