Bill Text: TX HB2738 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use of human remains for forensic science education, including the training of search and rescue animals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Public Health [HB2738 Detail]
Download: Texas-2015-HB2738-Introduced.html
84R9996 LED-D | ||
By: Capriglione | H.B. No. 2738 |
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relating to the use of human remains for forensic science | ||
education, including the training of search and rescue animals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 691.0225, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 691.0225. INFORMATIONAL DOCUMENT. The board shall | ||
develop a document to inform a person making a gift of 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 board shall make the document | ||
available on the board's Internet website. | ||
SECTION 2. Section 691.023(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(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 board or the 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 board or the board's representative; | ||
(2) deliver the body in accordance with the direction | ||
of the board; and | ||
(3) allow the board, the board's representative, or a | ||
physician designated by the board who complies with this chapter to | ||
remove the body to be used for the advancement of medical or | ||
forensic science. | ||
SECTION 3. 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 [ |
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the board, a medical or dental school, or another donee authorized | ||
by the board, to be used for the advancement of medical or forensic | ||
science. | ||
SECTION 4. Section 691.030(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The board or the 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 board | ||
to schools and colleges of chiropractic, osteopathy, medicine, or | ||
dentistry incorporated in this state, to a forensic science | ||
program, to physicians, and to other persons as provided by this | ||
section. | ||
SECTION 5. Sections 691.033(a), (c), and (d), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) To further medical or forensic science, a school, | ||
college, or person designated by the board may use, dissect, | ||
operate on, examine, and experiment on a body or anatomical | ||
specimen distributed under this chapter. | ||
(c) A law relating to the prevention of mutilation of a body | ||
does not apply to the use of a body as authorized under this section | ||
or a dissection, operation, examination, or experiment performed | ||
under this section. | ||
(d) To aid prosecutions under Section 42.08, Penal Code, the | ||
board shall adopt rules that clearly state the activities that are | ||
authorized by the board in relation to the use or dissection of a | ||
body. | ||
SECTION 6. Sections 691.034(c) and (d), Health and Safety | ||
Code, are amended to read as follows: | ||
(c) The board may suspend or revoke a person's or | ||
institution's authorization to receive and use or dissect bodies or | ||
anatomical specimens if the board determines that the person or | ||
institution has improperly used a body or anatomical specimen. | ||
(d) A person or institution is entitled to a hearing before | ||
the board or a hearing examiner appointed by the board before the | ||
board may revoke the person's or institution's authorization to | ||
receive and use or dissect bodies or anatomical specimens. The | ||
board shall make all final decisions to suspend or revoke an | ||
authorization. | ||
SECTION 7. Section 692A.002, Health and Safety Code, is | ||
amended by adding Subdivision (11-a) to read as follows: | ||
(11-a) "Education" with respect to the purposes | ||
authorized by law for making an anatomical gift includes forensic | ||
science education. | ||
SECTION 8. Section 692A.011, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) A forensic science program that receives a donation | ||
under Subsection (a)(5) must submit a report to the 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; [ |
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(2) the method in which the program used the bodies or | ||
parts of bodies for education or research; and | ||
(3) the number of contracts the program has entered | ||
into under Subsection (c-1), including the persons with whom the | ||
program contracted and the persons' contact information, and the | ||
number of bodies or parts of bodies provided under the contracts. | ||
(c-1) A forensic science program in accordance with rules | ||
adopted by the Anatomical Board of the State of Texas may contract | ||
with a person who trains search and rescue animals to provide bodies | ||
or parts of bodies to the person in accordance with board rules and | ||
this subtitle. The contract must require the person to use the | ||
bodies and parts of bodies only to assist in the training of search | ||
and rescue animals and to properly receive, handle, use, and | ||
dispose of the bodies and parts of bodies in accordance with this | ||
subtitle and rules adopted by the board. | ||
SECTION 9. As soon as practicable after the effective date | ||
of this Act, the Anatomical Board of the State of Texas shall adopt | ||
the rules necessary to implement the changes in law made by this Act | ||
to Chapter 691, Health and Safety Code, and Section 692A.011, | ||
Health and Safety Code. | ||
SECTION 10. This Act takes effect September 1, 2015. |