Bill Text: TX HB2247 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the execution of a record making an anatomical gift.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB2247 Detail]
Download: Texas-2019-HB2247-Comm_Sub.html
86R17035 LED-F | |||
By: Wray | H.B. No. 2247 | ||
Substitute the following for H.B. No. 2247: | |||
By: Meyer | C.S.H.B. No. 2247 |
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relating to the execution of a record making an anatomical gift. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 692A.005(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) A donor or other person authorized to make an anatomical | ||
gift under Section 692A.004 may make a gift by a donor card or other | ||
record signed by the donor or other person making the gift or by | ||
authorizing that a statement or symbol indicating the donor has | ||
made an anatomical gift be included on a donor registry. If the | ||
donor or other person is physically unable to sign a record, the | ||
record may be signed by another individual at the direction of the | ||
donor or other person and must: | ||
(1) be witnessed by at least two adults, at least one | ||
of whom is a disinterested witness, who have signed at the request | ||
of the donor or the other person, or be acknowledged before a notary | ||
public; and | ||
(2) state that the record has been signed and | ||
witnessed or acknowledged as provided in Subdivision (1). | ||
SECTION 2. Section 692A.006(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) A record signed pursuant to Subsection (a)(1)(C) must: | ||
(1) be witnessed by at least two adults, at least one | ||
of whom is a disinterested witness, who have signed at the request | ||
of the donor or the other person, or be acknowledged before a notary | ||
public; and | ||
(2) state that the record has been signed and | ||
witnessed or acknowledged as provided in Subdivision (1). | ||
SECTION 3. Section 692A.007(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) A record signed pursuant to Subsection (a)(1)(B) must: | ||
(1) be witnessed by at least two adults, at least one | ||
of whom is a disinterested witness, who have signed at the request | ||
of the individual, or be acknowledged before a notary public; and | ||
(2) state that the record has been signed and | ||
witnessed or acknowledged as provided in Subdivision (1). | ||
SECTION 4. Chapter 692, Health and Safety Code, is | ||
repealed. | ||
SECTION 5. Sections 692A.005, 692A.006, and 692A.007, | ||
Health and Safety Code, as amended by this Act, apply only to the | ||
validity of a record executed on or after the effective date of this | ||
Act. The validity of a record executed before the effective date of | ||
this Act is governed by the law in effect on the date the record was | ||
executed, and that law continues in effect for that purpose. | ||
SECTION 6. (a) Except as otherwise provided in this | ||
section, the changes in law made by this Act apply to: | ||
(1) a record described by Section 692A.005, 692A.006, | ||
or 692A.007, Health and Safety Code, as amended by this Act, created | ||
before, on, or after the effective date of this Act; and | ||
(2) a judicial proceeding concerning a record | ||
described by Subdivision (1) of this subsection that: | ||
(A) commences on or after the effective date of | ||
this Act; or | ||
(B) is pending on the effective date of this Act. | ||
(b) If the court finds that application of a provision of | ||
this Act would substantially interfere with the effective conduct | ||
of a judicial proceeding concerning a record described by | ||
Subsection (a)(1) of this section that is pending on the effective | ||
date of this Act or prejudice the rights of a party to the | ||
proceeding, the provision of this Act does not apply, and the law in | ||
effect immediately before the effective date of this Act applies in | ||
those circumstances. | ||
SECTION 7. This Act takes effect September 1, 2019. |