By: Parker, Kolkhorst, Perry S.B. No. 2721
(In the Senate - Filed March 13, 2025; April 3, 2025, read
first time and referred to Committee on Business & Commerce; April
7, 2025 rereferred to Committee on Health & Human Service;
April 29, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 29, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2721 By: Perry
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 691.001, Health and Safety Code, is
amended by amending Subdivisions (1-a), (2), and (6) and adding
Subdivisions (1-b) and (4-a) to read as follows:
(1-a) "Anatomical facility" means a facility in this
state inspected and approved by the commission under Section
691.034 that does not operate as a willed body program [or a
non-transplant anatomical donation organization].
(1-b) "Anatomical specimen" means a part of a human
corpse used for an educational or research purpose.
(2) "Body" means the intact corporeal remains of a
human [corpse].
(4-a) "Donee" means a willed body program, forensic
science program, or search and rescue organization or recovery team
that the commission authorizes to receive bodies or anatomical
specimens donated for research or education.
(6) "Willed body program" means a program operated at
an institution of higher education in this state that holds a
license issued by the commission under this chapter and allows a
living individual to donate an [the] individual's body or
anatomical specimen for educational or research purposes.
SECTION 2. Sections 691.002(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The State Anatomical Advisory Committee is established
to advise and provide expertise to the commission on matters
related to the regulation and operation of donees [willed body
programs, non-transplant anatomical donation organizations,] and
anatomical facilities in this state.
(b) The advisory committee is composed of seven members
appointed by the commission [as follows:
[(1) two members who represent institutions of higher
education that operate willed body programs;
[(2) two members who represent non-transplant
anatomical donation organizations;
[(3) two members who represent anatomical facilities;
and
[(4) one public member].
SECTION 3. Subchapter A, Chapter 691, Health and Safety
Code, is amended by adding Sections 691.003 and 691.004 to read as
follows:
Sec. 691.003. ENFORCEMENT. Each donee is subject to
regulation, including investigations and enforcement, under this
chapter.
Sec. 691.004. PROHIBITED ACTIVITIES; CRIMINAL OFFENSE;
ADMINISTRATIVE PENALTY. (a) A person, other than a donee licensed
by the commission, may not solicit, retrieve, preserve, transport,
distribute, acquire, process, store, or arrange storage of a whole
human body, anatomical specimen, or other non-transplant
anatomical part for education, research, or another activity the
commission has not authorized.
(b) A person commits an offense if the person knowingly
violates Subsection (a). An offense under this section is a state
jail felony.
(c) The commission by rule may impose an administrative
penalty for a violation of this section. The amount of the
administrative penalty may not exceed $500 for each violation.
Each day a violation continues or occurs is a separate violation for
purposes of imposing a penalty.
SECTION 4. Sections 691.010(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The commission by rule shall establish methods by which
service recipients can be notified of the name, mailing address,
and telephone number of the commission for the purpose of directing
complaints to the commission. The commission may provide for that
notification by including the information on each written contract
relating to bodies willed or donated to an entity licensed or
regulated by the commission or otherwise authorized by the
commission to receive bodies or anatomical specimens.
(c) The commission shall keep an information file about each
complaint filed with the commission relating to its functions under
this chapter. If a written complaint is filed with the commission
relating to a person or an entity licensed or regulated by the
commission under this chapter, the commission shall periodically
notify the parties to the complaint of the status of the complaint
until final disposition unless notice would jeopardize an
undercover investigation.
SECTION 5. Section 691.011, Health and Safety Code, is
amended to read as follows:
Sec. 691.011. RECORDS. (a) The commission shall issue a
unique identification number and maintain [keep] identification
records of each:
(1) body or anatomical specimen donated to a donee;
[the commission] and
(2) [of each] body or anatomical specimen distributed
by a donee [the commission].
(b) The commission by rule shall develop a form to document
the donation or transfer of a body or anatomical specimen. The form
must include the information required under Section 691.031. If a
body or anatomical specimen is transferred:
(1) the identification number must be preceded by the
letters "TR"; and
(2) the identification number of the body or
anatomical specimen on the form must match the identification
number affixed to the body or anatomical specimen to complete the
donation or transfer.
(c) On donation of a body or anatomical specimen, the donee
shall complete and submit the form described by Subsection (b) and
retain a copy of the form for the donee's records.
(d) On transfer of a body or anatomical specimen:
(1) the donee shall complete and submit three copies
of the form described by Subsection (b) to the receiving
institution; and
(2) the receiving institution shall:
(A) sign one copy submitted under Subdivision
(1), acknowledging the institution's receipt of the body or
anatomical specimen, and return the signed copy to the donee for the
donee's records; and
(B) retain one copy submitted under Subdivision
(1) for the institution's records.
(e) If a body or anatomical specimen is subsequently
returned by a receiving institution to the donee, the receiving
institution shall sign one copy submitted under Subsection (d)(1),
indicating the return of the body or anatomical specimen to the
donee, and return the copy to the donee for the donee's records.
(f) A donee or receiving institution required to retain a
form for the entity's records under this section shall permanently
retain the form.
(g) Not later than August 1 of each year, each donee or
receiving institution shall complete, sign, and file with the
commission a cadaver procurement and use report, in the manner the
commission prescribes, documenting the donee's or institution's
cadaver procurement and use activities during the preceding year.
(h) A forensic science program that receives a body or
anatomical specimen under this chapter shall submit a quarterly
report to the commission that lists:
(1) the number of bodies or anatomical specimens the
program received during the preceding quarter; and
(2) the manner in which the program used the bodies or
anatomical specimens for education or research.
SECTION 6. Section 691.012, Health and Safety Code, is
amended to read as follows:
Sec. 691.012. FEES. [(a)] The commission by rule may set
and collect fees in amounts reasonable and necessary to cover the
cost of administering this chapter, including fees for:
(1) authorizing the receipt and distribution of
[receiving and distributing] bodies and anatomical specimens,
other than temporary custody of a body or anatomical specimen for
another donee;
(2) conducting inspections and other verification
activities authorized under Section 691.034; and
(3) licensing donees [registering willed body
programs and non-transplant anatomical donation organizations].
[(b) A non-transplant anatomical donation organization is
exempt from a fee described by Subsection (a)(1).]
SECTION 7. Section 691.022, Health and Safety Code, is
amended to read as follows:
Sec. 691.022. GENERAL DUTIES. (a) The commission shall
authorize a person or entity to receive [distribute] bodies and
anatomical specimens and to distribute bodies and specimens to
persons authorized to receive a body or specimen under this chapter
or Chapter 692A. [This subsection does not apply to a body or
specimen donated to a registered non-transplant anatomical
donation organization.]
(b) The commission, in consultation with the advisory
committee, shall adopt rules to ensure that each body and
anatomical specimen is treated with respect while in the custody of
the donee [commission or person authorized to receive the body or
specimen].
(c) The commission, in consultation with the advisory
committee, shall adopt rules, establish procedures, and prescribe
forms necessary to administer and enforce this chapter, including
rules establishing licensing [registration] and inspection
requirements and procedures. The commission may issue a reprimand,
assess an administrative penalty, impose other penalties, or
revoke, suspend, or probate a license [registration] or other
authorization for a violation of this chapter or a commission rule
adopted under this chapter, including a violation related to an
inspection conducted under Section 691.034, in the manner provided
by Chapter 651, Occupations Code.
SECTION 8. The heading to Section 691.023, Health and
Safety Code, is amended to read as follows:
Sec. 691.023. DUTY REGARDING DELIVERY OF [TO DELIVER]
CERTAIN BODIES [TO COMMISSION].
SECTION 9. Section 691.023(a), Health and Safety Code, is
amended to read as follows:
(a) 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 shall:
(1) notify the commission or the commission's
representative of the body's existence when the body comes into the
person's possession, charge, or control if [notified in writing to
do so by] the commission or the commission's representative
provides to the person written notice of the notification
requirement; and
(2) deliver the body in accordance with the direction
of the commission[; and
[(3) allow the commission, the commission's
representative, or a physician designated by the commission who
complies with this chapter to remove the body to be used for the
advancement of medical or forensic science].
SECTION 10. Subchapter B, Chapter 691, Health and Safety
Code, is amended by adding Section 691.0235 to read as follows:
Sec. 691.0235. PROHIBITED DONATION OF CERTAIN BODIES;
LIMITED EXCEPTION FOR APPROVED RESEARCH PROJECTS. (a)
Notwithstanding any other provision of this chapter except
Subsections (b) and (c), a person is prohibited from donating a body
not claimed for burial or a body required to be buried at public
expense to another person for any reason.
(b) A donor, by will or other written instrument in
accordance with Section 691.028, may donate the donor's body to a
donee licensed by the commission for use in a research project that
is:
(1) conducted by an accredited medical, dental, health
sciences, or forensic science training program supervised by
professionals in educational environments in which knowledge,
skills, and competencies are imparted in accordance with
accrediting standards;
(2) designed to expand knowledge within one of the
fields listed in Subdivision (1); and
(3) formally approved by a recognized institutional
review board or an equivalent ethical oversight body.
(c) A person who is authorized to claim a decedent's body
for burial under Section 691.024 may provide informed consent for
the body to be donated to a donee licensed by the commission for use
in a research project described by Subsection (b).
(d) The commission shall adopt rules necessary to implement
this section.
SECTION 11. Section 691.026, Health and Safety Code, is
amended to read as follows:
Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the
body of a traveler who died suddenly, the commissioners court of the
county in which the traveler died [commission] shall [direct the
institution or other person receiving the body to] retain the body
until the earlier of [for] six months or the date the body is
identified and claimed [for purposes of identification].
SECTION 12. The heading to Section 691.028, Health and
Safety Code, is amended to read as follows:
Sec. 691.028. DONATION OF BODY OR ANATOMICAL SPECIMEN BY
WRITTEN INSTRUMENT.
SECTION 13. Sections 691.028(a), (b), (b-1), and (c),
Health and Safety Code, are amended to read as follows:
(a) An adult living in this state who is of sound mind may
donate the adult's body or anatomical specimen by will or other
written instrument to a [the commission, a willed body program of a
medical or dental school, a non-transplant anatomical donation
organization, or another] donee in this state as authorized by the
commission to be used for a purpose authorized by this chapter [the
advancement of medical or forensic science].
(b) A donation is not [To be] effective under Subsection (a)
unless[,] the donor provides written [must provide] informed
consent by signing a form prescribed by the commission in the
presence of two adult witnesses [the will or other written
instrument and it must be witnessed by two adults]. The form [donor
is not required to use a particular form or particular words in
making the donation, but the will or other instrument] must clearly
convey:
(1) the donor's intent; and
(2) the donor's acknowledgment that the donor was
informed about:
(A) the consequences of the donation before
providing consent;
(B) the use the donee plans for the donated body
or anatomical specimen, which must comply with this chapter and
commission rules [parts]; and
(C) if applicable, [any body part and] the
condition in which the body or anatomical specimen [part] will be
returned to the person designated by the donor.
(b-1) For purposes of Subsection (b), the donor must be
informed in writing about the information described by Subsection
(b)(2) in a clear manner on a single piece of paper that is 8-1/2 by
11 inches with 14-point type. The commission by rule shall design
and adopt a form that complies with this subsection that donees
[willed body programs and non-transplant anatomical donation
organizations] must use.
(c) Appointment of an administrator or executor or
acquisition of a court order is not necessary before the body or
anatomical specimen may be delivered under this chapter.
SECTION 14. Subchapter B, Chapter 691, Health and Safety
Code, is amended by adding Sections 691.0281 and 691.0282 to read as
follows:
Sec. 691.0281. DONATION OF BODY OR ANATOMICAL SPECIMEN
AFTER DONOR'S DEATH. (a) Any member of the following classes of
persons who is reasonably available, in the order of priority
listed, may donate the donor's body or anatomical specimen to a
donee specified in Section 691.030 for a purpose authorized by this
chapter, unless the donor or the donor's agent made or refused to
make a donation under Section 691.028:
(1) an agent of the donor at the time of death who
could have donated the donor's body or anatomical specimen under
Section 691.028;
(2) the donor's spouse;
(3) adult children of the donor;
(4) parents of the donor;
(5) adult siblings of the donor;
(6) adult grandchildren of the donor;
(7) grandparents of the donor; and
(8) the persons who were acting as legal guardians of
the donor at the time of the donor's death.
(b) If more than one member of a class listed in Subsection
(a)(1), (3), (4), (5), (6), (7), or (8) is entitled to donate the
donor's body or anatomical specimen, a member of that class may make
the donation unless that member or the donee representative
coordinating the donation has actual knowledge of an objection by
another member of the class. If an objection is known, the donation
may be made only by a majority of the members of the class who are
reasonably available.
(c) A person may not make a donation if, at the time of the
donor's death, a person in a class with higher priority under
Subsection (a) is reasonably available to make or to object to the
donation.
(d) A donation is not effective under Subsection (a) unless
the person authorized to donate the donor's body or anatomical
specimen under this section provides written informed consent by
signing a form prescribed by the commission in the presence of two
adult witnesses. The form must clearly convey:
(1) the person's intent; and
(2) the person's acknowledgment that the person was
informed about:
(A) the consequences of the donation before
providing consent;
(B) the use the donee plans for the donated body
or anatomical specimen, which must comply with this chapter and
commission rules; and
(C) if applicable, the condition in which the
body or anatomical specimen will be returned to the person.
(e) For purposes of Subsection (d), the person authorized to
donate the donor's body or anatomical specimen under this section
must be informed in writing about the information described by
Subsection (d)(2) in a clear manner on a single piece of paper that
is 8-1/2 by 11 inches with 14-point type. The commission by rule
shall design and adopt a form that complies with this subsection
that donees must use.
(f) A donation under this section may be revoked orally or
in writing by any member of a class with higher priority under
Subsection (a) who is reasonably available. If more than one member
of the class with higher priority is reasonably available, the
donation may be revoked only if a majority of the reasonably
available members agree to the revocation or if the reasonably
available members are equally divided as to whether to revoke the
donation.
(g) A revocation under Subsection (f) is effective only
before completion of the donation and the donee's acceptance of the
body or anatomical specimen.
Sec. 691.0282. DONATION OF BODY OR ANATOMICAL SPECIMEN FROM
OUT OF STATE. (a) A donee may accept a donation from an
out-of-state donor or a donor who died outside of this state.
(b) A donee shall notify the commission of any donation
described by Subsection (a).
(c) A donation described by Subsection (a) is governed by
this chapter after the body or anatomical specimen enters this
state.
SECTION 15. The heading to Section 691.030, Health and
Safety Code, is amended to read as follows:
Sec. 691.030. RECEIPT AND DISTRIBUTION OF DONATIONS OF
[COMMISSION'S AUTHORITY TO DISTRIBUTE] BODIES AND ANATOMICAL
SPECIMENS.
SECTION 16. Sections 691.030(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A person may donate a body or anatomical specimen to the
following individuals or entities named in a will or other written
instrument [The commission or the commission's representative
shall distribute bodies donated to it and may redistribute bodies
donated to medical or dental schools or other donees authorized by
the commission to]:
(1) willed body programs of accredited schools and
colleges [of chiropractic, osteopathy, medicine, or dentistry]
incorporated in this state;
(2) forensic science programs at general academic
teaching institutions or private or independent institutions of
higher education, as defined by Section 61.003, Education Code;
(3) search and rescue organizations or recovery teams
that are recognized by the commission[, are exempt from federal
taxation under Section 501(c)(3), Internal Revenue Code of 1986,
and use human remains detection canines with the authorization of a
local or county law enforcement agency];
(4) physicians licensed to practice medicine in this
state;
(5) anatomical facilities; and
(6) other donees [persons as provided by this
section].
(c) Unless [If] the commission determines there is an
insufficient number of bodies to meet the needs of recipients
prioritized in Subsection (a) [has remaining bodies], the
commission [or the commission's representative] shall authorize
the distribution or redistribution of [distribute or redistribute
those] bodies to an authorized recipient in another state in
accordance with Subsection (d) [to the schools and colleges
proportionately and equitably according to the number of students
in each school or college receiving instruction or demonstration in
normal or morbid anatomy and operative surgery]. The dean of each
school or college shall certify to the commission the [that] number
of bodies the school or college needs [to the commission] when
required by the commission.
SECTION 17. Section 691.031, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The commission shall adopt rules to enforce the
documentation and labeling requirements of this section for each
body or anatomical specimen received or distributed under this
chapter.
SECTION 18. Section 691.032, Health and Safety Code, is
amended to read as follows:
Sec. 691.032. COSTS OF DISTRIBUTION. A person or
institution receiving a body or anatomical specimen distributed
under this chapter shall pay the costs associated with the
distribution in a manner specified by the donee providing
[commission, or as otherwise agreed on, all costs incurred in
distributing] the body or anatomical specimen [so that the state, a
county, a municipality, or an officer, employee, or representative
of the state, a county, or a municipality does not incur any
expense].
SECTION 19. Section 691.033, Health and Safety Code, is
amended to read as follows:
Sec. 691.033. USE OF BODIES AND ANATOMICAL SPECIMENS. (a)
To further medical or forensic science, a donee [willed body
program, non-transplant anatomical donation organization],
anatomical facility, or other person designated by the commission
may use, dissect, operate on, examine, and experiment on a body or
anatomical specimen received or distributed under this chapter.
(b) A donee, anatomical facility, [willed body program,
non-transplant anatomical donation organization,] or other person
shall keep a permanent record of each body or anatomical specimen
received [from the commission or the commission's representative].
The record:
(1) must be sufficient to identify the body or
anatomical specimen;
(2) must track the body or anatomical specimen from
intake to final disposition; and
(3) may be inspected by the commission or the
commission's representative.
(c) A law relating to the prevention of mutilation of a body
does not apply to the use of a body or anatomical specimen as
authorized under this section or a dissection, operation,
examination, or experiment performed under this section.
(d) To aid prosecutions under Section 42.08, Penal Code, as
soon as possible after a person or institution becomes aware of the
possible abuse of a corpse, the person or institution shall report
the facts, as known, to the commission [shall adopt rules that
clearly state the activities that are authorized by the commission
in relation to the use or dissection of a body].
(e) Subject to Subsection (f), a donee or anatomical
facility may provide for the final disposition of a body
distributed under this chapter.
(f) A donee or anatomical facility shall return a donor's
remains after use to any person designated by the donor in
accordance with the donor agreement.
SECTION 20. Section 691.034, Health and Safety Code, is
amended to read as follows:
Sec. 691.034. LICENSING AND REGULATION [AND REGISTRATION]
OF PERSONS AND INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS.
(a) A donee [willed body program or non-transplant anatomical
donation organization] may not operate in this state unless the
donee holds a license issued by [program or organization registers
with] the commission in the form and manner prescribed by the
commission.
(a-1) [To be eligible for registration under this section, a
non-transplant anatomical donation organization must be accredited
by the American Association of Tissue Banks under the association's
Standards for Non-Transplant Anatomical Donation. The commission
may issue conditional registration to a non-transplant anatomical
donation organization that is not yet accredited.
[(a-2)] The commission shall license donees [inspect and
may approve willed body programs] and anatomical facilities for the
receipt and use of bodies and anatomical specimens under this
chapter. The commission shall inspect donees and anatomical
facilities at least once every three years to ensure the donees and
facilities maintain appropriate facilities for receiving, holding,
and disposing of bodies and anatomical specimens in accordance with
this chapter.
(a-2) [(a-3)] The commission shall establish a process to
periodically verify a donee's or anatomical facility's [a
non-transplant anatomical donation organization's] compliance with
applicable state laws and regulations [the Standards for
Non-Transplant Anatomical Donation published by the American
Association of Tissue Banks. The process:
[(1) may authorize the commission to inspect a
non-transplant anatomical donation organization; and
[(2) may not:
[(A) be duplicative of the accreditation process
described by Subsection (a-1); or
[(B) occur more frequently than once every five
years].
(b) The commission may investigate or inspect a donee
[willed body program, non-transplant anatomical donation
organization], anatomical facility, or other person if the
commission has reason to believe that the donee [program,
organization], facility, or person has improperly used a body or
anatomical specimen in violation of this chapter.
[(b-1) The commission may inspect a non-transplant
anatomical donation organization as part of an investigation
described by Subsection (b).]
(c) The commission shall [may] suspend or revoke a donee's
[willed body program's, non-transplant anatomical donation
organization's], anatomical facility's, or other person's license
[registration] or other authorization to receive and use or dissect
bodies or anatomical specimens if the commission determines that
the donee [program, organization], facility, or person has
improperly used a body or anatomical specimen in violation of this
chapter.
(d) A donee [willed body program, non-transplant anatomical
donation organization], anatomical facility, or other person is
entitled to a hearing before the commission or a hearing examiner
appointed by the commission before the commission may revoke the
donee's [program's, organization's], facility's, or person's
license [registration] or other authorization to receive and use or
dissect bodies or anatomical specimens. The commission shall make
all final decisions to suspend or revoke a license or an
authorization.
(e) [A registered non-transplant anatomical donation
organization must inform the commission within the time prescribed
by commission rule if the organization loses its accreditation with
the American Association of Tissue Banks.
[(f)] A commission member or holder of any license issued by
the commission may not hold an ownership interest in a donee
licensed by the commission [registered non-transplant anatomical
donation organization].
(f) In consultation with the advisory committee, the
commission shall review and approve applications for persons
located in other states to receive whole bodies, anatomical
specimens, or non-transplant anatomical parts from individuals in
this state. The commission, on recommendation of the advisory
committee, may withdraw the commission's approval of a person in
another state who applies for approval under this section. A person
applying for approval under this section must:
(1) be listed in Section 691.030(a) or be an
anatomical facility;
(2) provide proof of accreditation by the applicable
accrediting body; and
(3) submit to inspection by the commission or by a
local designee of the commission at the cost of the person.
[(g) The commission shall adopt rules and procedures
necessary to administer this section.]
SECTION 21. Section 691.035(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is a Class B misdemeanor
[punishable by a fine of not less than $100 or more than $500].
SECTION 22. Subchapter B, Chapter 691, Health and Safety
Code, is amended by adding Sections 691.036 and 691.037 to read as
follows:
Sec. 691.036. LIMITATION ON LIABILITY. (a) A person who
acts in good faith in accordance with this chapter is not liable for
civil damages or subject to criminal prosecution for the person's
actions if the prerequisites for a donation or transfer of a body or
anatomical specimen are met under the laws applicable at the time
and place the donation or transfer is made.
(b) A person who acts in accordance with this chapter or
with the applicable laws for donating or transferring bodies or
anatomical specimens to this state from another state, or attempts
in good faith to act in accordance with this chapter and the
applicable laws, is not liable for those actions in a civil action,
criminal prosecution, or administrative proceeding.
(c) A person who acts in good faith in accordance with this
chapter is not liable as a result of those actions except in the
case of an act or omission by the person that is intentional,
wilfully or wantonly negligent, or done with conscious indifference
or reckless disregard. For purposes of Section 691.0281, "good
faith" in determining the appropriate person authorized to make a
donation of a body or anatomical specimen means making a reasonable
effort to locate and contact the member or members of the highest
priority class who are reasonably available at or near the time of
death.
(d) A person making a donation of a body or anatomical
specimen, including the person's estate, is not liable for any
injury or damage that results from the making or use of the
donation.
(e) In determining whether a donation has been made,
amended, or revoked under this chapter, a person may rely on
representations of an individual listed in Section 691.0281(a)(2),
(3), (4), (5), (6), (7), or (8) relating to the individual's
relationship to the donor unless the person knows the
representation is untrue.
Sec. 691.037. ANATOMICAL FACILITY STANDARDS. The
commission shall adopt minimum standards for anatomical facilities
licensed under this chapter. The standards must require a facility
to:
(1) meet the applicable building, fire safety, and
health standards imposed by this state, and if located in a
municipality, imposed by the municipality for similar facilities;
(2) be in a fixed location;
(3) include a preparation room containing the
equipment and supplies required by commission rule to ensure the
provision of adequate services;
(4) be designed to ensure security and respectful
treatment of bodies and anatomical specimens and to restrict public
view of and access to bodies and anatomical specimens;
(5) include other facilities as necessary to comply
with the applicable sanitary codes of:
(A) this state; and
(B) the municipality in which the facility is
located, if the facility is located in a municipality; and
(6) include any other construction, health, and safety
provisions the commission determines necessary to protect the
public and donors.
SECTION 23. Section 692A.002, Health and Safety Code, is
amended by adding Subdivision (3-a) to read as follows:
(3-a) "Commission" means the Texas Funeral Service
Commission.
SECTION 24. Chapter 692A, Health and Safety Code, is
amended by adding Section 692A.0035 to read as follows:
Sec. 692A.0035. LICENSE REQUIRED FOR WILLED BODY PROGRAM.
A person may not receive an anatomical gift as part of a willed body
program, as defined by Section 691.001, in this state unless the
program is licensed by the commission.
SECTION 25. Section 692A.009(a), Health and Safety Code, is
amended to read as follows:
(a) Subject to Subsections (b) and (c) and unless barred by
Section 692A.007 or Section 692A.008, an anatomical gift of a
decedent's body or part for the purpose of transplantation or[,]
therapy[, research, or education] may be made by any member of the
following classes of persons who is reasonably available, in the
order of priority listed:
(1) an agent of the decedent at the time of death who
could have made an anatomical gift under Section 692A.004(2)
immediately before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern
for the decedent;
(9) the persons who were acting as the guardians of the
person of the decedent at the time of death;
(10) the hospital administrator; and
(11) any other person having the authority to dispose
of the decedent's body.
SECTION 26. Section 692A.011(a), Health and Safety Code, is
amended to read as follows:
(a) An anatomical gift may be made to the following persons
named in the document of gift:
(1) an organ procurement organization to be used for
transplantation, therapy, research, or education;
(2) a hospital to be used for research;
(3) subject to Subsection (d), an individual
designated by the person making the anatomical gift if the
individual is the recipient of the part;
(4) an eye bank or tissue bank, except that use of a
gift of a whole body must be to a person who holds a license issued
by the commission [coordinated through the Texas Funeral Service
Commission];
(5) a forensic science program licensed by the
commission at:
(A) a general academic teaching institution as
defined by Section 61.003, Education Code; or
(B) a private or independent institution of
higher education as defined by Section 61.003, Education Code;
(6) a search and rescue organization or recovery team
that is recognized and authorized by the commission [Texas Funeral
Service Commission], is exempt from federal taxation under Section
501(c)(3), Internal Revenue Code of 1986, and uses human remains
detection canines with the authorization of a local or county law
enforcement agency; or
(7) a licensed willed body program [the Texas Funeral
Service Commission; or
[(8) a non-transplant anatomical donation
organization].
SECTION 27. Section 711.002, Health and Safety Code, is
amended by amending Subsection (k) and adding Subsection (k-1) to
read as follows:
(k) Any dispute among any of the persons listed in
Subsection (a) concerning their right to control the disposition,
including cremation, of a decedent's remains shall be resolved by a
court with jurisdiction over probate proceedings for the decedent,
regardless of whether a probate proceeding has been initiated.
(k-1) A cemetery organization or funeral establishment that
is aware of a dispute described by Subsection (k) is [shall] not
[be] liable for refusing to accept the decedent's remains, or to
inter or otherwise dispose of the decedent's remains, until it
receives a court order or other suitable confirmation that the
dispute has been resolved or settled. A cemetery organization or
funeral establishment that is unaware of a dispute described by
Subsection (k) is not liable for disposing of the decedent's
remains if the organization or establishment:
(1) reasonably relies in good faith on the
representations of a person who states in writing that the person is
entitled to control the disposition of the decedent's remains;
(2) disposes of the decedent's remains in accordance
with the written directions of the person described by Subdivision
(1); and
(3) is unaware, after inquiring of the person
described by Subdivision (1), of another person who is listed in a
priority before the person described by Subdivision (1).
SECTION 28. Section 651.005, Occupations Code, is amended
to read as follows:
Sec. 651.005. REGULATION OF WILLED BODY PROGRAMS[,
NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS,] AND ANATOMICAL
FACILITIES. The commission shall regulate willed body programs[,
non-transplant anatomical donation organizations,] and anatomical
facilities as provided by Chapter 691, Health and Safety Code, and
in accordance with the powers and duties granted by this chapter to
the extent necessary to regulate the programs[, organizations,] and
facilities under that chapter.
SECTION 29. Section 651.202, Occupations Code, is amended
by adding Subsection (g) to read as follows:
(g) Notwithstanding any other provision of this section, a
commission employee may dismiss a complaint without further
investigation under Subsection (c) if:
(1) the subject matter of the complaint is a funeral
service provided under a contract with a license holder and the
complainant is not:
(A) a party to the contract; or
(B) the person entitled under Section
711.002(a), Health and Safety Code, to control the disposition of
the remains of the decedent to whom the service relates; or
(2) regardless of the subject matter of the complaint,
the complaint is not accompanied by substantial evidence of a
violation of a statute administered by the commission.
SECTION 30. Subchapter I, Chapter 651, Occupations Code, is
amended by adding Section 651.411 to read as follows:
Sec. 651.411. SCOPE OF SERVICE INVOLVING CERTAIN ANATOMICAL
GIFTS. The commission by rule may prescribe the minimum
requirements for a licensed funeral establishment to provide a
service in relation to an anatomical gift made under Chapter 691 or
692A, Health and Safety Code, that is not intended for
transplantation, including requirements for the storage or
transportation of the anatomical gift.
SECTION 31. The following provisions of the Health and
Safety Code are repealed:
(1) Sections 691.001(3) and (5);
(2) Sections 691.025(c) and (d);
(3) Section 691.029;
(4) Sections 691.030(b) and (e); and
(5) Section 692A.011(b).
SECTION 32. The changes in law made by this Act to Section
691.028, Health and Safety Code, as amended by this Act, apply to
the donation of a body or anatomical specimen by will or other
written instrument executed after the effective date of this Act.
The donation of a body or anatomical specimen by will or other
written instrument that is executed before the effective date of
this Act is governed by the law as it existed immediately before
that date, and that law is continued in effect for that purpose.
SECTION 33. (a) As soon as practicable after the effective
date of this Act, the Texas Funeral Service Commission shall adopt
rules necessary to implement Chapters 691 and 692A, Health and
Safety Code, and Chapter 651, Occupations Code, as amended by this
Act.
(b) Not later than March 1, 2026, the Texas Funeral Service
Commission shall adopt rules to implement Section 691.004, Health
and Safety Code, as added by this Act.
SECTION 34. This Act takes effect September 1, 2025.
* * * * *