Bill Text: TX SB1074 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the persons authorized to make an anatomical gift.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-02 - Not again placed on intent calendar [SB1074 Detail]
Download: Texas-2017-SB1074-Comm_Sub.html
| By: Buckingham | S.B. No. 1074 | |
| (In the Senate - Filed February 23, 2017; March 7, 2017, | ||
| read first time and referred to Committee on State Affairs; | ||
| April 27, 2017, reported adversely, with favorable Committee | ||
| Substitute by the following vote: Yeas 7, Nays 2; April 27, 2017, | ||
| sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 1074 | By: Zaffirini | |
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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 Subsection (d) 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. | ||
| SECTION 3. Section 692A.009, Health and Safety Code, as | ||
| amended by this Act, applies 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, 2017. | ||
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