Bill Text: TX SB258 | 2019-2020 | 86th Legislature | Introduced

Texas Senate Bill 258 (Prior Session Legislation)

Introduced

Bill Title: Relating to anatomical gifts.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-02-07 - Referred to State Affairs [SB258 Detail]

Download: Texas-2019-SB258-Introduced.html

	86R2885 LED-F

	By: Rodríguez	S.B. No. 258



	A BILL TO BE ENTITLED
	AN ACT
	relating to anatomical gifts.
	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.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	repealed.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 document executed on or after the effective date of
	this Act. The validity of a document executed before the effective
	date of this Act is governed by the law in effect on the date the
	document was executed, and that law continues in effect for that
	purpose.
	SECTION 6. (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 7. This Act takes effect September 1, 2019.