S.B. No. 2040
 
 
 
 
AN ACT
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. STATE ANATOMICAL ADVISORY COMMITTEE; TEXAS FUNERAL
  SERVICE COMMISSION
         SECTION 1.01.  The heading to Chapter 691, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 691. DONATION OF BODIES AND ANATOMICAL SPECIMENS
  [ANATOMICAL BOARD OF THE STATE OF TEXAS]
         SECTION 1.02.  The heading to Subchapter A, Chapter 691,
  Health and Safety Code, is amended to read as follows:
  SUBCHAPTER A. GENERAL PROVISIONS; STATE [ORGANIZATION OF]
  ANATOMICAL ADVISORY COMMITTEE [BOARD OF THE STATE OF TEXAS]
         SECTION 1.03.  Section 691.001, Health and Safety Code, is
  amended by amending Subdivision (1) and adding Subdivisions (1-a),
  (4), (5), and (6) to read as follows:
               (1)  "Advisory committee [Board]" means the State
  Anatomical Advisory Committee [Board of the State of Texas].
               (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.
               (4)  "Commission" means the Texas Funeral Service
  Commission.
               (5)  "Non-transplant anatomical donation organization"
  means a person accredited to engage in the recovery, receipt,
  screening, testing, processing, storage, or distribution of tissue
  or human remains for any purpose other than transplantation into a
  living individual in this state.
               (6)  "Willed body program" means a program operated at
  an institution of higher education in this state that allows a
  living individual to donate the individual's body or anatomical
  specimen for educational or research purposes.
         SECTION 1.04.  Section 691.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.002.  ADVISORY COMMITTEE [COMPOSITION OF BOARD].
  (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 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 [The Anatomical Board of the
  State of Texas is composed of one representative from each school or
  college of chiropractic, osteopathy, medicine, or dentistry
  incorporated in this state].
         (c)  Members of the advisory committee serve two-year terms
  [(b)  On March 1 of each odd-numbered year, the chief executive
  officer of each institution described by Subsection (a) shall
  appoint as the institution's representative on the board one
  professor of surgery or of basic anatomical sciences who is
  associated with the institution].
         (d)  An advisory committee member may be reappointed.
         (e) [(c)]  Appointments to the advisory committee [board]
  shall be made without regard to the race, creed, sex, religion, or
  national origin of the appointees.
         (f)  Sections 2110.002 and 2110.008, Government Code, do not
  apply to the advisory committee.
         SECTION 1.05.  Section 691.007(c), Health and Safety Code,
  is redesignated as Section 691.011, Health and Safety Code, and
  amended to read as follows:
         Sec. 691.011.  RECORDS. [(c)] The commission [board] shall
  keep identification records of each body donated to the commission
  [board] and of each body or anatomical specimen distributed by the
  commission [board].
         SECTION 1.06.  Section 691.008(a), Health and Safety Code,
  is redesignated as Section 691.012, Health and Safety Code, and
  amended to read as follows:
         Sec. 691.012.  FEES. (a) The commission by rule [board] may
  set and collect fees in amounts reasonable and necessary to cover
  the cost of administering this chapter, including fees for:
               (1)  receiving and distributing bodies and anatomical
  specimens;
               (2)  conducting inspections and other verification
  activities authorized under Section 691.034; and
               (3)  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 1.07.  Section 691.010, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.010.  PUBLIC INFORMATION AND PARTICIPATION;
  COMPLAINTS. (a) The commission [board] shall prepare information
  of public interest describing the functions of the commission under
  this chapter [board] and the commission's [board's] procedures by
  which complaints are filed with and resolved by the commission
  [board]. The commission [board] shall make the information
  available to the public and appropriate state agencies.
         (b)  The commission [board] by rule shall establish methods
  by which service recipients can be notified of the name, mailing
  address, and telephone number of the commission [board] for the
  purpose of directing complaints to the commission [board]. The
  commission [board] may provide for that notification by including
  the information on each written contract relating to bodies willed
  or donated to an entity regulated by the commission [board] or
  authorized by the commission [board] to receive bodies.
         (c)  The commission [board] shall keep an information file
  about each complaint filed with the commission [board] relating to
  its functions under this chapter. If a written complaint is filed
  with the commission [board] relating to a person or an entity
  regulated by the commission under this chapter [board], the
  commission [board, at least as frequently as quarterly and until
  final disposition of the complaint,] shall periodically notify the
  parties to the complaint of the status of the complaint until final
  disposition unless notice would jeopardize an undercover
  investigation.
         (d)  The commission [board] shall develop and implement
  policies that provide the public with a reasonable opportunity to
  appear before the commission [board] and to speak on any issue under
  the jurisdiction of the commission [board].
         SECTION 1.08.  Section 691.022, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.022.  GENERAL DUTIES. (a) The commission [board]
  shall distribute bodies and anatomical specimens to [institutions
  and other] persons authorized to receive a body or specimen under
  this chapter [them].  This subsection does not apply to a body or
  specimen donated to a registered non-transplant anatomical
  donation organization.
         (b)  The commission [board] shall adopt rules to ensure that
  each body and anatomical specimen is treated with respect while in
  the custody of the commission [board] or person authorized to
  receive the body or specimen [an institution represented on the
  board is treated with respect].
         (c)  The commission shall adopt rules, establish procedures,
  and prescribe forms necessary to administer and enforce this
  chapter, including rules establishing 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 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 1.09.  Section 691.0225, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.0225.  INFORMATIONAL DOCUMENT. The commission
  [board] shall develop a document to inform a person making a gift of
  a decedent's body or anatomical specimen about the options for
  donation authorized under this chapter [for purposes of education,
  including forensic science education, or research of the risks and
  benefits associated with donation]. The commission [board] shall
  make the document available on the commission's [board's] Internet
  website.
         SECTION 1.10.  Section 691.023, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.023.  DUTY TO DELIVER CERTAIN BODIES TO COMMISSION
  [BOARD]. (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 [board] or the commission's
  [board'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 [board] or the commission's
  [board's] representative;
               (2)  deliver the body in accordance with the direction
  of the commission [board]; and
               (3)  allow the commission [board], the commission's
  [board's] representative, or a physician designated by the
  commission [board] who complies with this chapter to remove the
  body to be used for the advancement of medical or forensic science.
         (b)  If the commission [board] does not require a political
  subdivision or agency of the political subdivision to deliver a
  body under this section, the political subdivision shall pay all
  costs of preparation for burial, including costs of embalming.
         SECTION 1.11.  Section 691.025(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A body that is not claimed for burial within 48 hours
  after a relative receives notification shall be delivered as soon
  as possible to the commission [board] or the commission's [board's]
  representative.
         SECTION 1.12.  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 commission [board] shall
  direct the institution or other person receiving the body to retain
  the body for six months for purposes of identification.
         SECTION 1.13.  Section 691.027, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.027.  AUTOPSY. Only the commission [board] may
  grant permission to perform an autopsy on an unclaimed body. The
  commission [board] may grant permission after receiving a specific
  request for an autopsy that shows sufficient evidence of medical
  urgency.
         SECTION 1.14.  Section 691.028, Health and Safety Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (b-1) to read as follows:
         (a)  An adult living in this state who is of sound mind may
  donate the adult's body by will or other written instrument to the
  commission [board], a willed body program of a medical or dental
  school, a non-transplant anatomical donation organization, or
  another donee authorized by the commission [board,] to be used for
  the advancement of medical or forensic science.
         (b)  To be effective, the donor must provide informed consent
  by signing [sign] the will or other written instrument and it must
  be witnessed by two adults.  The 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
  parts; and
                     (C)  if applicable, any body part and the
  condition in which the body 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 willed body
  programs and non-transplant anatomical donation organizations must
  use.
         SECTION 1.15.  Section 691.029, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.029.  AUTHORITY TO RECEIVE, DISTRIBUTE, AND
  TRANSFER [ACCEPT] BODIES OR ANATOMICAL SPECIMENS [FROM OUTSIDE THE
  STATE]. The commission [board] may receive, distribute, and
  transfer a body or anatomical specimen from inside or [a body
  transported to the board from] outside this state.
         SECTION 1.16.  Section 691.030, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.030.  COMMISSION'S [BOARD'S] AUTHORITY TO
  DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS. (a) The commission
  [board] or the commission's [board'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 [board] to:
               (1)  willed body programs of schools and colleges of
  chiropractic, osteopathy, medicine, or dentistry incorporated in
  this state;
               (2)  forensic science programs;
               (3)  search and rescue organizations or recovery teams
  that are recognized by the commission [board], 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; [and]
               (5)  anatomical facilities; and
               (6)  other persons as provided by this section.
         (b)  In making the distribution, the commission [board]
  shall give priority to the schools and colleges that need bodies for
  lectures and demonstrations.
         (c)  If the commission [board] has remaining bodies, the
  commission [board] or the commission's [board's] representative
  shall distribute or redistribute those bodies 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 that number to the
  commission [board] when required by the commission [board].
         (d)  The commission [board] may transport a body or
  anatomical specimen to an authorized recipient in another state if
  the commission [board] determines that the supply of bodies or
  anatomical specimens in this state exceeds the need for bodies or
  anatomical specimens in this state and if:
               (1)  the deceased donated the deceased's [his] body in
  compliance with Section 691.028 and at the time of the donation
  authorized the commission [board] to transport the body outside
  this state; or
               (2)  the body was donated in compliance with Chapter
  692A and the person authorized to make the donation under Section
  692A.009 authorized the commission [board] to transport the body
  outside this state.
         (e)  This section does not apply to a body or anatomical
  specimen donated to a registered non-transplant anatomical
  donation organization.
         SECTION 1.17.  Sections 691.031(a), (b), and (f), Health and
  Safety Code, are amended to read as follows:
         (a)  The commission [board] shall adopt rules to ensure that:
               (1)  each body or anatomical specimen received or
  distributed under this chapter [by the board] is properly
  transported;
               (2)  a label with a [the] statement that the container's
  contents are derived from human tissue ["CONTENTS DERIVED FROM
  DONATED HUMAN TISSUE"] is affixed to the container in which the body
  or anatomical specimen is transported; and
               (3)  each person who has control or possession of a body
  or anatomical specimen:
                     (A)  satisfactorily completes the information
  required on a chain-of-custody form prescribed by the commission
  [board];
                     (B)  maintains a copy of the form for the person's
  records; and
                     (C)  transfers the form to any other person to
  whom control or possession of the body or anatomical specimen is
  transferred.
         (b)  The commission [board] may employ a public carrier to
  transport bodies or anatomical specimens received or distributed by
  the commission [board].
         (f)  The sender and receiver of each body or anatomical
  specimen shall file the records required under this section in
  accordance with commission [board] rules so that the commission
  [board] or a district or county attorney may inspect the records at
  any time.
         SECTION 1.18.  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 under this
  chapter shall pay in a manner specified by the commission [board],
  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 1.19.  Sections 691.033(a), (b), and (d), Health and
  Safety Code, are amended to read as follows:
         (a)  To further medical or forensic science, a willed body
  program, non-transplant anatomical donation organization,
  anatomical facility, [school, college,] or other person designated
  by the commission [board] may use, dissect, operate on, examine,
  and experiment on a body or anatomical specimen distributed under
  this chapter.
         (b)  A willed body program, non-transplant anatomical
  donation organization, [school, college,] or other person shall
  keep a permanent record of each body or anatomical specimen
  received from the commission [board] or the commission's [board'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 [board] or the
  commission's [board's] representative.
         (d)  To aid prosecutions under Section 42.08, Penal Code, the
  commission [board] shall adopt rules that clearly state the
  activities that are authorized by the commission [board] in
  relation to the use or dissection of a body.
         SECTION 1.20.  Section 691.034, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.034.  REGULATION AND REGISTRATION OF PERSONS AND
  INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS. (a) A willed
  body program or non-transplant anatomical donation organization
  may not operate in this state unless the 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 [board] shall inspect and may approve
  willed body programs and anatomical facilities [institutions and
  other persons] for the receipt and use of bodies and anatomical
  specimens under this chapter.
         (a-3)  The commission shall establish a process to
  periodically verify a non-transplant anatomical donation
  organization's compliance with 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 [board] may investigate a willed body
  program, non-transplant anatomical donation organization,
  anatomical facility, or other person [or institution] if the
  commission [board] has reason to believe that the program,
  organization, facility, or person [or institution] has improperly
  used a body or anatomical specimen.
         (b-1)  The commission may inspect a non-transplant
  anatomical donation organization as part of an investigation
  described by Subsection (b).
         (c)  The commission [board] may suspend or revoke a willed
  body program's, non-transplant anatomical donation organization's,
  anatomical facility's, or other person's registration or other [or
  institution's] authorization to receive and use or dissect bodies
  or anatomical specimens if the commission [board] determines that
  the program, organization, facility, or person [or institution] has
  improperly used a body or anatomical specimen.
         (d)  A willed body program, non-transplant anatomical
  donation organization, anatomical facility, or other person [or
  institution] is entitled to a hearing before the commission [board]
  or a hearing examiner appointed by the commission [board] before
  the commission [board] may revoke the program's, organization's,
  facility's, or person's registration or other [or institution's]
  authorization to receive and use or dissect bodies or anatomical
  specimens. The commission [board] shall make all final decisions
  to suspend or revoke 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 registered
  non-transplant anatomical donation organization.
         (g)  The commission shall adopt rules and procedures
  necessary to administer this section.
         SECTION 1.21.  Subchapter A, Chapter 651, Occupations Code,
  is amended by adding Section 651.005 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 1.22.  Section 651.057(a), Occupations Code, is
  amended to read as follows:
         (a)  The governor shall designate one member of the
  commission as the presiding officer of the commission to serve in
  that capacity at the pleasure of the governor [for three years. In
  designating presiding officers, the governor shall alternate
  between public and nonpublic members].
         SECTION 1.23.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Section 691.003;
               (2)  Section 691.004;
               (3)  Section 691.005;
               (4)  Section 691.006;
               (5)  Sections 691.007(a), (b), and (d);
               (6)  Sections 691.008(b) and (d);
               (7)  the headings to Sections 691.007 and 691.008; and
               (8)  Section 691.009.
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Article 43.25, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.25.  BODY OF CONVICT. The body of a convict who has
  been legally executed shall be embalmed immediately and so directed
  by the Director of the correctional institutions division of the
  Texas Department of Criminal Justice [Department of Corrections].
  If the body is not demanded or requested by a relative or bona fide
  friend within forty-eight hours after execution then it shall be
  delivered to the Texas Funeral Service Commission [Anatomical Board
  of the State of Texas], if requested by the commission [Board]. If
  the body is requested by a relative, a bona fide friend, or the
  Texas Funeral Service Commission [Anatomical Board of the State of
  Texas], such recipient shall pay a fee [of] not to exceed
  twenty-five dollars to the mortician for the mortician's [his]
  services in embalming the body for which the mortician shall issue
  to the recipient a written receipt. When such receipt is delivered
  to the Director of the correctional institutions division of the
  Texas Department of Criminal Justice [Department of Corrections],
  the body of the deceased shall be delivered to the party named in
  the receipt or the party's [his] authorized agent. If the body is
  not delivered to a relative, a bona fide friend, or the Texas
  Funeral Service Commission [Anatomical Board of the State of
  Texas], the Director of the correctional institutions division of
  the Texas Department of Criminal Justice [Department of
  Corrections] shall cause the body to be decently buried, and the fee
  for embalming shall be paid by the county in which the indictment
  which resulted in conviction was found.
         SECTION 2.02.  Section 404.093(b), Government Code, is
  amended to read as follows:
         (b)  This subchapter does not apply to:
               (1)  funds pledged to the payment of bonds, notes, or
  other debts if the funds are not otherwise required to be deposited
  in the treasury;
               (2)  funds held in trust or escrow for the benefit of a
  person or entity other than a state agency;
               (3)  funds set apart out of earnings derived from
  investment of funds held in trust for others, as administrative
  expenses of the trustee agency; or
               (4)  funds, grants, donations, and proceeds from funds,
  grants, and donations, given in trust to the Texas State Library and
  Archives Commission for the establishment and maintenance of
  regional historical resource depositories and libraries in
  accordance with Section 441.154[; or
               [(5)  funds under the management of the
  secretary-treasurer of the Anatomical Board of the State of Texas,
  as provided by Section 691.008, Health and Safety Code].
         SECTION 2.03.  Sections 692A.011(a), (b), and (c), Health
  and Safety Code, are 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 coordinated through the Texas Funeral
  Service Commission [Anatomical Board of the State of Texas];
               (5)  a forensic science program 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 by the Texas Funeral Service Commission
  [Anatomical Board of the State of Texas], 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)  the Texas Funeral Service Commission; or
               (8)  a non-transplant anatomical donation organization
  [Anatomical Board of the State of Texas].
         (b)  Except for donations described by Subsections (a)(1)
  through (6), the Texas Funeral Service Commission or a
  non-transplant anatomical donation organization [Anatomical Board
  of the State of Texas] shall be the donee of gifts of bodies or parts
  of bodies made for the purpose of education or research that are
  subject to distribution by the commission or organization [board]
  under Chapter 691.
         (c)  A forensic science program that receives a donation
  under Subsection (a)(5) must submit a report to the Texas Funeral
  Service Commission [Anatomical Board of the State of Texas] on a
  quarterly basis that lists:
               (1)  the number of bodies or parts of bodies that the
  program received; and
               (2)  the method in which the program used the bodies or
  parts of bodies for education or research.
  ARTICLE 3. TRANSITIONS AND EFFECTIVE DATE
         SECTION 3.01.  (a) The Anatomical Board of the State of
  Texas is abolished but continues in existence until September 1,
  2024, for the sole purpose of transferring obligations, property,
  rights, powers, and duties to the Texas Funeral Service Commission.
  The Texas Funeral Service Commission assumes all of the
  obligations, property, rights, powers, and duties of the Anatomical
  Board of the State of Texas as they exist immediately before the
  effective date of this Act. All unexpended and unobligated funds
  under the management of the secretary-treasurer of the Anatomical
  Board of the State of Texas, as provided by Section 691.008, Health
  and Safety Code, as that section existed immediately before the
  effective date of this Act, are transferred to the general revenue
  fund for the purpose of the Texas Funeral Service Commission
  administering duties under Chapter 691, Health and Safety Code, as
  amended by this Act.
         (b)  The Anatomical Board of the State of Texas and the Texas
  Funeral Service Commission shall, in consultation with appropriate
  state entities, ensure that the transfer of the obligations,
  property, rights, powers, and duties of the Anatomical Board of the
  State of Texas to the Texas Funeral Service Commission is completed
  not later than September 1, 2024.
         (c)  All rules of the Anatomical Board of the State of Texas
  are continued in effect as rules of the Texas Funeral Service
  Commission until superseded by a rule of the Texas Funeral Service
  Commission. An authorization issued by the Anatomical Board of the
  State of Texas is continued in effect as provided by the law in
  effect immediately before the effective date of this Act. An
  authorization pending on the effective date of this Act is
  continued without change in status after the effective date of this
  Act. A complaint, investigation, or other proceeding pending on
  the effective date of this Act is continued without change in status
  after the effective date of this Act.
         (d)  Unless the context indicates otherwise, a reference to
  the Anatomical Board of the State of Texas in a law or
  administrative rule means the Texas Funeral Service Commission.
         (e)  The terms of the members of the Anatomical Board of the
  State of Texas expire on September 1, 2024.
         (f)  For the state fiscal year ending August 31, 2024, the
  Texas Funeral Service Commission shall quarterly prepare and submit
  to the lieutenant governor, the speaker of the house of
  representatives, the Sunset Advisory Commission, and each standing
  committee of the legislature with primary jurisdiction over the
  Texas Funeral Service Commission a report on the progress of the
  transfer described by Subsection (a) of this section.
         (g)  Not later than December 1, 2024, the Texas Funeral
  Service Commission shall submit to the Sunset Advisory Commission
  and each standing committee of the legislature with primary
  jurisdiction over the Texas Funeral Service Commission any
  legislative recommendation necessary to improve the Texas Funeral
  Service Commission's administration of Chapter 691, Health and
  Safety Code, as amended by this Act.
         SECTION 3.02.  (a) Not later than the 60th day after the
  effective date of this Act, the Texas Funeral Service Commission
  shall appoint members to the State Anatomical Advisory Committee in
  accordance with Section 691.002, Health and Safety Code, as amended
  by this Act.
         (b)  The members of the Anatomical Board of the State of
  Texas whose terms expire under Section 3.01 of this Act shall
  continue to provide advice to the Texas Funeral Service Commission
  until a majority of the members of the State Anatomical Advisory
  Committee are appointed under Subsection (a) of this section and
  qualified. A member of the Anatomical Board of the State of Texas
  described by this subsection may be appointed to the State
  Anatomical Advisory Committee if the member is otherwise eligible
  for appointment under Section 691.002, Health and Safety Code, as
  amended by this Act.
         SECTION 3.03.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2040 passed the Senate on
  April 24, 2023, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendments on May 22, 2023, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2040 passed the House, with
  amendments, on May 19, 2023, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor