Texas 2025 - 89th Regular

Texas Senate Bill SB2721

Filed
3/13/25  
Out of Senate Committee
4/29/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the licensing and regulation of persons who provide services in relation to the deceased; increasing a criminal penalty; creating a criminal offense; authorizing an administrative penalty; expanding the application of a fee.

Impact

The new provisions will necessitate that all entities involved in the handling of bodies and anatomical specimens are licensed by the Texas Funeral Service Commission. Additionally, the bill establishes regulations for the storage, transportation, and ultimate disposition of anatomical gifts to ensure compliance with ethical and legal standards. Furthermore, the law modifies the handling and processing of complaints against these entities, which may affect how the public engages with and reports issues concerning deceased individuals' bodies. The legislation is poised to reinforce the standards of respect and care in the treatment of the deceased in Texas.

Summary

Senate Bill 2721 aims to amend and expand the licensing and regulation of services related to the deceased in Texas. Specifically, it focuses on the regulation of willed body programs, anatomical donation organizations, and anatomical facilities. The bill clarifies definitions related to how services are provided in the context of body donation, ensures that entities receiving bodies for educational and research purposes are properly licensed, and outlines the framework for administrative oversight. One significant change is the introduction of an administrative penalty system for violations, along with increased criminal penalties for misconduct under this regulation, which seeks to provide stringent checks on the practice and use of anatomical gifts.

Sentiment

Overall sentiment towards SB 2721 has been cautious yet supportive among health regulatory bodies, while some critics express concerns about potential bureaucratic overreach. Proponents argue that it provides necessary safeguards in the tragedy-laden area of death and body donation, ensuring that facilities handling such sensitive matters operate within a clearly defined legal framework. However, opponents of the bill raise flags regarding the potential for limiting accessibility to body donation programs, fearing an overly complex licensing process could stifle educational research opportunities.

Contention

A notable point of contention lies in the bill's emphasis on increasing criminal penalties without addressing potential protections for donors and their families. Critics voice concern that these penalties could lead to decreased participation in body donation programs if families fear legal repercussions for minor infractions arising from misunderstandings of the new regulations. This creates a dilemma between the protection of the deceased and the educational and research possibilities that arise from body donation, emphasizing the need for ongoing dialogue among stakeholders to ensure a balanced approach.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 691. Donation Of Bodies And Anatomical Specimens
    • Section: 001
    • Section: New Section
    • Section: 011
    • Section: 022
    • Section: 023
    • Section: 002
    • Section: 012
    • Section: 034
    • Section: 035
    • Section: 001
    • Section: 002
    • Section: New Section
    • Section: 011
    • Section: 028
    • Section: 012
    • Section: 026
    • Section: 030
    • Section: 034
    • Section: 001
    • Section: 002
    • Section: New Section
    • Section: 011
    • Section: 001
    • Section: 002
    • Section: New Section
    • Section: 011
    • Section: 012
    • Section: 022
    • Section: 023
    • Section: 028
  • Chapter 692a. Revised Uniform Anatomical Gift Act
    • Section: 002
    • Section: New Section
    • Section: 002
    • Section: New Section
    • Section: 001
    • Section: 009
    • Section: 011
    • Section: 002
    • Section: New Section
    • Section: 009

Occupations Code

  • Chapter 651. Crematory Services, Funeral Directing, And Embalming
    • Section: New Section
    • Section: 005
    • Section: 202
    • Section: New Section
    • Section: 005
    • Section: 202
    • Section: 005
    • Section: New Section

Companion Bills

TX HB5278

Same As Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

Similar Bills

TX HB5278

Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

TX SB2040

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

TX HB1510

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

TX HB1565

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs and non-transplant anatomical donation organizations, and the creation of the State Anatomical Advisory Committee; authorizing a fee.

TX SB701

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission and to the creation of the State Anatomical Advisory Committee; authorizing a fee.

TX SB1214

Relating to the use of human remains for forensic science education, including the training of search and rescue animals.