Bill Text: TX HB1565 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: 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 and non-transplant anatomical donation organizations, and the creation of the State Anatomical Advisory Committee; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-27 - Senate appoints conferees-reported [HB1565 Detail]
Download: Texas-2021-HB1565-Comm_Sub.html
By: Paddie (Senate Sponsor - Buckingham) | H.B. No. 1565 | |
(In the Senate - Received from the House April 21, 2021; | ||
May 13, 2021, read first time and referred to Committee on Business & | ||
Commerce; May 19, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 19, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1565 | By: Hancock |
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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 and non-transplant anatomical | ||
donation organizations, and the creation of the State Anatomical | ||
Advisory Committee; authorizing a fee. | ||
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 | ||
[ |
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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 [ |
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ANATOMICAL ADVISORY COMMITTEE [ |
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SECTION 1.03. Section 691.001, Health and Safety Code, is | ||
amended by amending Subdivision (1) and adding Subdivisions (4), | ||
(5), and (6) to read as follows: | ||
(1) "Advisory committee [ |
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Anatomical Advisory Committee [ |
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(4) "Commission" means the Texas Funeral Service | ||
Commission. | ||
(5) "Non-transplant anatomical donation organization" | ||
means a person licensed, accredited, or regulated under federal or | ||
state law to engage in the recovery, screening, testing, | ||
processing, storage, or distribution of tissue or human remains for | ||
any purpose other than transplantation into a living individual. | ||
(6) "Willed body program" means a program operated at | ||
an institution of higher education in this state and approved by the | ||
commission 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 [ |
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(a) The State Anatomical Advisory Committee is established to | ||
advise the commission on matters related to the regulation and | ||
operation of willed body programs and non-transplant anatomical | ||
donation organizations in this state. | ||
(b) The advisory committee is composed of representatives | ||
appointed by the commission from institutions of higher education | ||
that operate willed body programs and at least one non-transplant | ||
anatomical donation organization. The majority of the members of | ||
the advisory committee must be representatives from institutions of | ||
higher education that operate willed body programs [ |
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(c) Members of the advisory committee serve two-year terms | ||
[ |
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(d) [ |
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shall be made without regard to the race, creed, sex, religion, or | ||
national origin of the appointees. | ||
(e) 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. [ |
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keep identification records of each body donated to the commission | ||
[ |
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commission [ |
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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. [ |
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and collect reasonable and necessary fees for the cost of | ||
administering this chapter, including: | ||
(1) receiving and distributing bodies and anatomical | ||
specimens; | ||
(2) transferring bodies and anatomical specimens | ||
between institutions, organizations, or other persons authorized | ||
to transfer or receive bodies or anatomical specimens under this | ||
chapter; and | ||
(3) conducting inspections of institutions, | ||
organizations, or other persons authorized to receive and use | ||
bodies or anatomical specimens under this chapter. | ||
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 [ |
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of public interest describing the functions of the commission under | ||
this chapter [ |
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which complaints are filed with and resolved by the commission | ||
[ |
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available to the public and appropriate state agencies. | ||
(b) The commission [ |
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by which service recipients can be notified of the name, mailing | ||
address, and telephone number of the commission [ |
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purpose of directing complaints to the commission [ |
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commission [ |
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the information on each written contract relating to bodies willed | ||
or donated to an entity regulated by the commission [ |
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authorized by the commission [ |
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(c) The commission [ |
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about each complaint filed with the commission [ |
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its functions under this chapter. If a written complaint is filed | ||
with the commission [ |
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regulated by the commission under this chapter [ |
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commission [ |
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parties to the complaint of the status of the complaint until final | ||
disposition unless notice would jeopardize an undercover | ||
investigation. | ||
(d) The commission [ |
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policies that provide the public with a reasonable opportunity to | ||
appear before the commission [ |
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the jurisdiction of the commission [ |
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SECTION 1.08. Section 691.022, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 691.022. GENERAL DUTIES. (a) The commission [ |
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shall distribute bodies and anatomical specimens to institutions of | ||
higher education that operate willed body programs and other | ||
institutions and persons authorized to receive a body or specimen | ||
under this chapter [ |
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(b) The commission [ |
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each body and anatomical specimen is treated with respect while in | ||
the custody of the commission [ |
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authorized to receive the body or specimen, including an | ||
institution of higher education that operates a willed body program | ||
and a non-transplant anatomical donation organization [ |
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(c) Except as provided by Subsection (d), the commission may | ||
not adopt a rule related to standards of practice, ethics, | ||
qualifications, or disciplinary sanctions for institutions or | ||
persons regulated under this chapter unless the advisory committee | ||
first proposes the rule and the proposed rule is authorized by this | ||
chapter. The commission may not modify a rule described by this | ||
subsection that is proposed by the advisory committee. If the | ||
commission declines to adopt a rule proposed by the advisory | ||
committee, the commission shall return the rule to the advisory | ||
committee with an explanation of the reasons the commission | ||
declined to adopt the rule. | ||
(d) The commission may, but is not required to, coordinate | ||
with the advisory committee to adopt rules regarding non-transplant | ||
anatomical donation organizations. | ||
(e) The commission shall adopt rules, establish procedures, | ||
and prescribe forms necessary to administer and enforce this | ||
chapter. | ||
SECTION 1.09. Section 691.0225, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 691.0225. INFORMATIONAL DOCUMENT. The commission | ||
[ |
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a decedent's body or anatomical specimen for purposes of education, | ||
including forensic science education, or research of the risks and | ||
benefits associated with donation. The commission [ |
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make the document available on the commission's [ |
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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 | ||
[ |
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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 [ |
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[ |
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comes into the person's possession, charge, or control if notified | ||
in writing to do so by the commission [ |
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[ |
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(2) deliver the body in accordance with the direction | ||
of the commission [ |
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(3) allow the commission [ |
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[ |
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commission [ |
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body to be used for the advancement of medical or forensic science. | ||
(b) If the commission [ |
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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 [ |
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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 [ |
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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 [ |
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grant permission to perform an autopsy on an unclaimed body. The | ||
commission [ |
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request for an autopsy that shows sufficient evidence of medical | ||
urgency. | ||
SECTION 1.14. Section 691.028(a), Health and Safety Code, | ||
is amended 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 [ |
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anatomical donation organization, or another donee authorized by | ||
the commission [ |
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forensic science. | ||
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 [ |
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transfer a body or anatomical specimen from inside or [ |
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SECTION 1.16. Section 691.030, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 691.030. COMMISSION'S [ |
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DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS. (a) The commission | ||
[ |
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distribute bodies donated to it and may redistribute bodies donated | ||
to medical or dental schools or other donees authorized by the | ||
commission [ |
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(1) 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 [ |
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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) other persons as provided by this section. | ||
(b) In making the distribution, the commission [ |
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shall give priority to the schools and colleges that need bodies for | ||
lectures, labs, and demonstrations. | ||
(c) If the commission [ |
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commission [ |
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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 president of each university or dean of each school or college | ||
shall certify that number to the commission [ |
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by the commission [ |
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(d) The commission [ |
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anatomical specimen to an authorized recipient in another state if | ||
the commission [ |
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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 [ |
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compliance with Section 691.028 and at the time of the donation | ||
authorized the commission [ |
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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 [ |
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outside this state. | ||
(e) This section does not apply to a body donated to a | ||
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 [ |
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(1) each body or anatomical specimen received or | ||
distributed under this chapter [ |
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transported; | ||
(2) a label with the statement "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 | ||
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(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 [ |
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transport bodies or anatomical specimens received or distributed by | ||
the commission [ |
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(f) The sender and receiver of each body or anatomical | ||
specimen shall file the records required under this section in | ||
accordance with commission [ |
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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 [ |
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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, [ |
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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, [ |
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keep a permanent record of each body or anatomical specimen | ||
received from the commission [ |
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representative. The record must be sufficient to identify the body | ||
or anatomical specimen and may be inspected by the commission | ||
[ |
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(d) To aid prosecutions under Section 42.08, Penal Code, the | ||
commission [ |
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activities that are authorized by the commission [ |
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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 OF PERSONS AND INSTITUTIONS USING | ||
BODIES AND ANATOMICAL SPECIMENS. (a) The commission [ |
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inspect and may approve willed body programs, non-transplant | ||
anatomical donation organizations, [ |
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persons for the receipt and use of bodies and anatomical specimens | ||
under this chapter. | ||
(b) The commission [ |
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program, non-transplant anatomical donation organization, or other | ||
person [ |
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believe that the program, organization, or person [ |
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has improperly used a body or anatomical specimen. | ||
(c) The commission [ |
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body program's, non-transplant anatomical donation organization's, | ||
or other person's [ |
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use or dissect bodies or anatomical specimens if the commission | ||
[ |
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(d) A willed body program, non-transplant anatomical | ||
donation organization, or other person [ |
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to a hearing before the commission [ |
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appointed by the commission [ |
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may revoke the program's, organization's, or person's [ |
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or anatomical specimens. The commission [ |
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final decisions to suspend or revoke an authorization. | ||
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 AND | ||
NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS. The commission | ||
shall regulate willed body programs and non-transplant anatomical | ||
donation organizations 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 under | ||
that chapter. | ||
SECTION 1.22. 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 [ |
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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 [ |
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the body is requested by a relative, a bona fide friend, or the | ||
Texas Funeral Service Commission [ |
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twenty-five dollars to the mortician for the mortician's [ |
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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 [ |
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the body of the deceased shall be delivered to the party named in | ||
the receipt or the party's [ |
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not delivered to a relative, a bona fide friend, or the Texas | ||
Funeral Service Commission [ |
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the Texas Department of Criminal Justice [ |
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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[ |
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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 [ |
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(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 | ||
[ |
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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 [ |
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(b) Except for donations described by Subsections (a)(1) | ||
through (6), the Texas Funeral Service Commission [ |
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of bodies made for the purpose of education or research that are | ||
subject to distribution by the commission [ |
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691. | ||
(c) A forensic science program that receives a donation | ||
under Subsection (a)(5) must submit a report to the Texas Funeral | ||
Service Commission [ |
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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, 2022, | ||
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, 2022. | ||
(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. | ||
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, 2021. | ||
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