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. |