Bill Text: TX SB212 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the making of an anatomical gift.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-03 - Referred to State Affairs [SB212 Detail]

Download: Texas-2021-SB212-Introduced.html
 
 
  By: Zaffirini S.B. No. 212
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the making of an anatomical gift.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 692A.005(b), Health and Safety Code, is
  amended to read as follows:
         (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).
         SECTION 2.  Section 692A.005(e), Health and Safety Code, is
  added to read as follows:
         (e)  An anatomical gift made through an online donor registry
  does not require any witnesses or the consent of any person. The
  online registration is a document of gift under this chapter and
  remains binding after the donor's death unless amended or revoked
  by the donor.
         SECTION 3.  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 4.  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 5.  Chapter 692, Health and Safety Code, is
  repealed.
         SECTION 6.  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 7.  (a) Except as otherwise provided in this
  section, the changes in law made by this Act apply to:
               (1)  a record described by Section 692A.005, 692A.006,
  or 692A.007, Health and Safety Code, as amended by this Act, created
  before, on, or after the effective date of this Act; and
               (2)  a judicial proceeding concerning a record
  described by Subdivision (1) of this subsection that:
                     (A)  commences on or after the effective date of
  this Act; or
                     (B)  is pending on the effective date of this Act.
         (b)  If the court finds that application of a provision of
  this Act would substantially interfere with the effective conduct
  of a judicial proceeding concerning a record described by
  Subsection (a)(1) of this section that is pending on the effective
  date of this Act or prejudice the rights of a party to the
  proceeding, the provision of this Act does not apply, and the law in
  effect immediately before the effective date of this Act applies in
  those circumstances.
         SECTION 8.  This Act takes effect September 1, 2021.
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