Bill Text: TX HB1350 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the persons authorized to make an anatomical gift.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-03 - Left pending in committee [HB1350 Detail]
Download: Texas-2019-HB1350-Introduced.html
| 86R1264 JG-D | ||
| By: Oliverson | H.B. No. 1350 | |
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| relating to the persons authorized to make an anatomical gift. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 692A.002(13), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (13) "Guardian" means a person appointed by a court to | ||
| make decisions regarding the support, care, education, health, or | ||
| welfare of an individual. The term does not include: | ||
| (A) a guardian ad litem; | ||
| (B) a procurement organization; or | ||
| (C) any person associated with the hospital in | ||
| possession of the decedent's body other than a person described by | ||
| Section 692A.009(a)(2), (3), (4), (5), (6), or (7). | ||
| SECTION 2. Section 692A.009, Health and Safety Code, is | ||
| amended by amending Subsection (a) and adding Subsections (d) and | ||
| (e) 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, | ||
| 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 other than a person associated with the hospital in | ||
| possession of the decedent's body; and | ||
| (9) the persons who were acting as the guardians of the | ||
| person of the decedent at the time of death[ |
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| (d) A procurement organization may not petition a court to | ||
| become the decedent's guardian or to otherwise be authorized to | ||
| make an anatomical gift of the decedent's body or part. | ||
| (e) Any dispute among the persons described by Subsection | ||
| (a) concerning an anatomical gift of a decedent's body or part may | ||
| be resolved by a court of competent jurisdiction. | ||
| SECTION 3. Sections 692A.002 and 692A.009, Health and | ||
| Safety Code, as amended by this Act, apply only to an anatomical | ||
| gift made on or after the effective date of this Act. An anatomical | ||
| gift made before the effective date of this Act is governed by the | ||
| law in effect immediately before the effective date of this Act, and | ||
| that law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
