Bill Text: TX SB2186 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the manner of executing certain anatomical gift records.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB2186 Detail]
Download: Texas-2023-SB2186-Enrolled.html
S.B. No. 2186 |
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relating to the manner of executing certain anatomical gift | ||
records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 692A.005, Health and Safety Code, is | ||
amended by amending Subsections (a) and (b) and adding Subsection | ||
(b-1) to read as follows: | ||
(a) A donor may make an anatomical gift: | ||
(1) by authorizing a statement or symbol indicating | ||
that the donor has made an anatomical gift to be imprinted on the | ||
donor's driver's license or identification card; | ||
(2) in a will; | ||
(3) during a terminal illness or injury of the donor, | ||
by any form of communication addressed to at least two adults, at | ||
least one of whom is a disinterested witness; or | ||
(4) as provided in Subsection (b) or (b-1). | ||
(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). | ||
(b-1) A donor or other person authorized to make an | ||
anatomical gift under Section 692A.004 may make a gift through an | ||
online registry. The online registration: | ||
(1) does not require the consent of another person or | ||
require a witness to sign at the donor's request or a notary public | ||
to acknowledge the gift; and | ||
(2) constitutes a legal document under this chapter | ||
that remains binding after the donor's death. | ||
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. The change in law made by this Act applies only | ||
to a document executed on or after the effective date of this Act. A | ||
document executed before the effective date of this Act is governed | ||
by the law on the date the document was executed, and that law is | ||
continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2186 passed the Senate on | ||
April 20, 2023, by the following vote: Yeas 26, Nays 5. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2186 passed the House on | ||
May 17, 2023, by the following vote: Yeas 115, Nays 29, | ||
one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |