Relating to the deceased, including requirements for donating or claiming bodies or anatomical specimens, the licensing and regulation of persons who provide services or conduct education or research in relation to the deceased, and responsibilities of political subdivisions for certain bodies after death; creating criminal offenses; authorizing administrative penalties; requiring occupational licenses; authorizing fees.

89(R) SB 2721 - House Committee Report version - Bill Text

89R31791 JCG/EAS-F

By: Parker, et al.

S.B. No. 2721

(Bell of Kaufman)

Substitute the following for S.B. No. 2721:
No.

A BILL TO BE ENTITLED

AN ACT

relating to the deceased, including requirements for donating or

claiming bodies or anatomical specimens, the licensing and

regulation of persons who provide services or conduct education or

research in relation to the deceased, and responsibilities of

political subdivisions for certain bodies after death; creating

criminal offenses; authorizing administrative penalties; requiring

occupational licenses; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 8, Health and Safety Code, is

amended by adding Chapter 691A to read as follows:

CHAPTER 691A.

DONATION OF BODIES AND ANATOMICAL SPECIMENS;

LICENSING OF ANATOMICAL SUPPLIERS AND RESEARCHERS

SUBCHAPTER A.

GENERAL PROVISIONS

Sec. 691A.001. DEFINITIONS. In this chapter:

(1)

"Advisory committee" means the State Anatomical

Advisory Committee established under Subchapter B.

(2)

"Anatomical specimen" means a part of the

corporeal remains of a human that is used for an education or

research purpose.

(3)

"Anatomical supplier" means a person who holds a

license issued under Subchapter E to acquire and distribute bodies

and anatomical specimens to researchers.

(4)

"Body" means the intact corporeal remains of a

human.

(5)

"Commission" means the Texas Funeral Service

Commission.

(6)

"Forensic science program" means an academic

program in forensic anthropology, forensic pathology, or another

similar discipline accredited by a nationally recognized body and

operated by an institution of higher education or private or

independent institution of higher education.

(7)

"Institution of higher education" and "private or

independent institution of higher education" have the meanings

assigned by Section 61.003, Education Code.

(8)

"Political subdivision" includes a municipality,

county, or special purpose district or authority.

(9)

"Researcher" means a person who holds a license

issued under Subchapter F to use a body or anatomical specimen for

education or research purposes.

(10)

"Search and rescue organization or recovery team"

means an organization or team that is exempt from federal taxation

under Section 501(c)(3), Internal Revenue Code of 1986, and uses

human remains detection canines with the authorization of a local

law enforcement agency, including a sheriff's office.

(11)

"Willed body program" means a program accredited

by a nationally recognized body and operated at an institution of

higher education or private or independent institution of higher

education in this state that allows the donation of an individual's

body or anatomical specimen for education or research purposes.

Sec.

691A.002.

CONFLICT OF LAW.

To the extent of any

conflict between this chapter and Chapter 692A, this chapter

controls.

SUBCHAPTER B.

ADVISORY COMMITTEE

Sec.

691A.051.

ESTABLISHMENT OF ADVISORY COMMITTEE.

The

State Anatomical Advisory Committee is established to advise and

provide expertise to the commission regarding the regulation and

operation of persons licensed under this chapter, including the

donation and use of bodies and anatomical specimens for education

or research purposes.

Sec.

691A.052.

COMPOSITION; QUALIFICATIONS.

(a)

The

advisory committee is composed of five members appointed as

follows:

(1) one member appointed by the governor;

(2)

two members appointed by the presiding officer of

the commission;

(3)

one member who represents institutions of higher

education or private or independent institutions of higher

education that operate willed body programs, appointed by the

commissioner of the Texas Higher Education Coordinating Board; and

(4)

one member appointed by the executive commissioner

of the Health and Human Services Commission.

(b)

Advisory committee members must have experience and

knowledge in the donation and use of whole bodies and anatomical

specimens for education and research.

(c)

Appointments to the advisory committee shall be made

without regard to the race, creed, sex, religion, or national

origin of the appointees.

Sec.

691A.053.

TERMS; REAPPOINTMENT.

(a) Members of the

advisory committee serve two-year terms.

(b) An advisory committee member may be reappointed.

Sec.

691A.054.

APPLICABILITY OF OTHER LAW. Sections

2110.002 and 2110.008, Government Code, do not apply to the

advisory committee.

Sec.

691A.055.

RULE PROPOSAL. Subject to Section 691A.102,

the advisory committee may propose rules for the administration and

enforcement of this chapter.

SUBCHAPTER C.

GENERAL POWERS AND DUTIES OF COMMISSION

Sec.

691A.101.

ADMINISTRATION AND ENFORCEMENT. The

commission shall administer and enforce this chapter.

Sec.

691A.102.

RULES.

(a) The commission, in consultation

with the advisory committee, may adopt rules consistent with this

chapter to regulate the acquisition, distribution, use, and

disposition of donated bodies and anatomical specimens, including

rules proposed by the advisory committee under Section 691A.055.

(b)

The commission shall adopt rules prescribing the

procedure by which the advisory committee may propose rules to the

commission.

Sec.

691A.103.

FEES. The commission, in consultation with

the advisory committee, by rule may set and collect fees in amounts

reasonable and necessary to cover the cost of administering this

chapter, including fees for:

(1)

authorizing the acquisition and distribution of

bodies and anatomical specimens, other than temporary custody of a

body or anatomical specimen on behalf of an anatomical supplier;

(2)

conducting inspections, audits, and other

verification activities authorized under this chapter; and

(3) licensing persons under this chapter.

Sec.

691A.104.

BACKGROUND CHECK FOR LICENSE APPLICANT. (a)

The commission by rule shall require a person who applies for a

license under this chapter to submit to a background check,

including a review of the person's criminal history record

information.

(b)

If the applicant is a business or nonprofit entity, the

commission by rule shall require the submission of fingerprints for

purposes of conducting a background check from each individual who:

(1) has a controlling interest in the entity;

(2) is an officer or manager of the entity;

(3)

is a member of the board of directors of the

entity; or

(4)

holds a substantial amount of stock or other

similar interest in the entity, as determined by commission rule.

Sec.

691A.105.

UNIQUE IDENTIFIER; RECORDKEEPING.

(a) The

commission by rule shall require a person licensed under this

chapter to:

(1)

subject to Subsection (c), issue a unique

identifier for each body or anatomical specimen donated to or

acquired by the person under this chapter;

(2)

maintain identification records of the body or

anatomical specimen; and

(3)

maintain records documenting the donation and each

transfer, as applicable, of the body or anatomical specimen,

including from whom the license holder acquired the body or

anatomical specimen.

(b)

In adopting rules under this section, the commission

shall develop a method for ensuring that a body or anatomical

specimen is not issued a duplicate identifier, which may include

the use of the license holder's name or other characteristic as part

of the identifier.

(c)

The commission shall maintain copies of records

submitted to the commission under this chapter in a searchable

database.

Sec.

691A.106.

REGULAR INSPECTIONS REQUIRED. (a)

The

commission shall inspect anatomical suppliers and researchers at

least once every three years to ensure the anatomical suppliers and

researchers maintain appropriate facilities in accordance with

this chapter and rules adopted under this chapter for activities

authorized under this chapter with respect to bodies and anatomical

specimens.

(b)

The commission may conduct unannounced inspections of

anatomical suppliers and researchers.

Sec.

691A.107.

AUDITS. The commission may audit the

records of any person licensed under this chapter in connection

with the person's activities under this chapter to ensure

compliance with this chapter and rules adopted under this chapter.

Sec.

691A.108.

OTHER COMPLIANCE PROCEDURES.

The commission

shall establish a process to periodically verify each anatomical

supplier's and researcher's compliance with applicable state laws

and rules.

Sec.

691A.109.

INFORMATIONAL DOCUMENT REGARDING ANATOMICAL

GIFT. The commission shall develop and publish on the commission's

Internet website a document to inform a person making a gift of a

decedent's body or anatomical specimen about the options for

donation authorized under this chapter, including the option to

make decisions regarding the final disposition of the body or

anatomical specimen.

Sec.

691A.110.

APPROVAL FOR EXPORT REQUIRED.

(a)

The

commission shall review and may approve applications for persons

located in other states to receive bodies or anatomical specimens

from individuals in this state. The commission may withdraw the

commission's approval of a person in another state who applies for

approval under this section.

(b) A person applying for approval under this section must:

(1)

be a postsecondary educational program accredited

by a nationally recognized accreditation organization acceptable

to the commission;

(2)

provide proof of accreditation by the applicable

accrediting organization; and

(3)

submit to inspection by the commission or by a

local designee of the commission at the person's expense.

(c)

An anatomical supplier may not distribute a body or

anatomical specimen to a person located in another state unless the

person has been approved by the commission under this section to

receive bodies or anatomical specimens.

SUBCHAPTER D.

PUBLIC INTEREST INFORMATION; COMPLAINTS

Sec.

691A.151.

PUBLIC INFORMATION AND PARTICIPATION;

COMPLAINTS. The commission shall prepare information of public

interest describing the functions of the commission under this

chapter and the commission's procedures for receiving and resolving

complaints filed with the commission. The commission shall make

the information available to the appropriate state agencies and

publish the information on the commission's Internet website.

Sec.

691A.152.

COMPLAINTS. (a)

The commission shall

provide to individuals who make an anatomical gift under this

chapter, or who receive services from the commission under this

chapter or from a person licensed under this chapter, the

commission's contact information for filing complaints related to

those services, including the commission's name, mailing address,

and telephone number. The commission may notify individuals by

including the commission's complaint contact information on each

written contract relating to bodies willed or donated to a person

licensed or regulated by the commission.

The commission shall

publish the commission's complaint contact information on the

commission's Internet website.

(b)

The commission shall maintain an information file on

each complaint filed with the commission relating to the

commission's functions under this chapter. If a complaint is filed

with the commission relating to a person licensed by the commission

under this chapter, the commission shall periodically notify the

parties to the complaint of the status of the complaint until final

disposition unless notice would jeopardize an undercover

investigation.

Sec.

691A.153.

PUBLIC COMMENT ON COMMISSION FUNCTIONS. The

commission shall develop and implement policies that provide the

public a reasonable opportunity to appear before the commission and

speak on any issue under the jurisdiction of the commission.

SUBCHAPTER E.

ANATOMICAL SUPPLIER LICENSE; SPECIAL PRACTICE

REQUIREMENTS

Sec.

691A.201.

LICENSE REQUIRED FOR ACQUIRING OR

DISTRIBUTING BODY OR ANATOMICAL SPECIMEN; USE BY ANATOMICAL

SUPPLIER PROHIBITED.

(a)

Except as provided by Section 691A.202, a

person may not:

(1)

acquire a body or anatomical specimen unless the

person holds an anatomical supplier or researcher license issued

under this chapter; or

(2)

distribute a body or anatomical specimen within

this state or to another jurisdiction, regardless of whether the

body or anatomical specimen was acquired within this state or from

another jurisdiction, unless the person:

(A)

holds an anatomical supplier license issued

under this subchapter; and

(B)

distributes the body or anatomical specimen

to a researcher or a person approved under Section 691A.110.

(b)

An anatomical supplier may not use a body or anatomical

specimen for any purpose other than distribution to a researcher or

a person approved under Section 691A.110.

Sec.

691A.202.

NONAPPLICABILITY. (a)

Section 691A.201

does not apply to a person who acquires a body or anatomical

specimen for law enforcement, cemetery, crematory, funeral,

embalming, hospital, transplantation, or therapy purposes if the

person acts within the scope of the person's license or other lawful

authorization in acquiring, distributing, using, and disposing of

the body or anatomical specimen, as applicable.

(b)

Section 691A.201 does not apply to a political

subdivision required by law to receive and bury:

(1) unclaimed bodies; or

(2) bodies required to be buried at public expense.

Sec.

691A.203.

LICENSE ELIGIBILITY. (a)

Except as

provided by Subsection (b), to be eligible for an anatomical

supplier license, an applicant for the license:

(1) must be of good professional character;

(2)

subject to Subsection (b), must maintain

facilities and conduct operations that meet the standards

applicable to anatomical facilities under Section 691A.253;

(3)

may not hold a researcher license issued under

this chapter or have a pending application with the commission for a

researcher license; and

(4)

must meet any other eligibility requirements

established by commission rule for an anatomical supplier license

under this subchapter.

(b)

An applicant for an anatomical supplier license may

satisfy the requirements of Subsection (a)(2) by holding an

accreditation issued by a nationally recognized accreditation

organization acceptable to the commission.

Sec.

691A.204.

APPLICATION. A person may apply for an

anatomical supplier license by submitting an application to the

commission in the form and manner prescribed by commission rule.

Sec.

691A.205.

LICENSE ISSUANCE. The commission shall

issue an anatomical supplier license to an applicant who:

(1) submits an application;

(2)

meets the eligibility requirements of Section

691A.203; and

(3) pays any required fee.

Sec.

691A.206.

PROVISIONAL ANATOMICAL SUPPLIER LICENSE.

(a)

The commission by rule shall establish a provisional

anatomical supplier license for an applicant for an anatomical

supplier license who:

(1)

has applied for the accreditation described by

Section 691A.203(b) but is not yet accredited; and

(2)

demonstrates to the satisfaction of the commission

that the applicant is making a good faith effort to:

(A)

obtain the accreditation described by

Section 691A.203(b); or

(B)

establish and maintain facilities and

conduct operations that meet the standards applicable to anatomical

facilities under Section 691A.253.

(b)

The commission shall issue a provisional anatomical

supplier license to an applicant who:

(1) submits an application for a provisional license;

(2)

meets the eligibility requirements under

Subsection (a); and

(3) pays any required fee.

(c)

A provisional anatomical supplier license issued under

this section expires not later than the 180th day after the date the

provisional license is issued.

On application, a provisional

anatomical supplier license may be renewed not more than once for a

renewal period not to exceed 180 days.

Sec.

691A.207.

SEROLOGICAL TESTING REQUIRED. For each body

or anatomical specimen an anatomical supplier acquires, the

anatomical supplier shall ensure:

(1)

the body or anatomical specimen receives full

serological testing from a testing laboratory that holds a

certificate issued by the federal Centers for Medicare and Medicaid

Services for compliance with the Clinical Laboratory Improvement

Amendments of 1988 (42 U.S.C. Section 263a);

(2)

the test results described by Subdivision (1) show

no indication of hepatitis B, hepatitis C, or HIV/AIDS; and

(3)

the medical and social history of the individual

whose body or anatomical specimen was donated accompanies the test

results described by Subdivision (1).

SUBCHAPTER F.

RESEARCHER LICENSE, STANDARDS, AND AUTHORIZED USES

Sec.

691A.251.

LICENSE REQUIRED FOR EDUCATION OR RESEARCH

USES. (a)

Except as provided by Subsection (b), a person may not

acquire a body or anatomical specimen to be used for education or

research purposes unless the person:

(1)

holds a researcher license issued under this

subchapter; and

(2)

acquires the body or anatomical specimen from an

anatomical supplier.

(b)

A willed body program that holds a researcher license

may acquire a body or anatomical specimen for uses related to

education or research purposes from any person.

(c)

A researcher may use a body or anatomical specimen only

for education or research purposes.

Sec.

691A.252.

LICENSE ELIGIBILITY. To be eligible for a

researcher license, an applicant must:

(1) be of good professional character;

(2)

comply with commission rules for handling bodies

and anatomical specimens for purposes of education and research;

(3) be:

(A) a willed body program;

(B) a forensic science program;

(C) an anatomical facility;

(D)

a

search and rescue organization or recovery

team;

(E) a surgical center;

(F) a medical device company;

(G) a fixed or mobile medical training facility;

(H) a hospital;

(I)

an organ procurement organization, an eye

bank, or a tissue bank, as defined by Section 692A.002; or

(J)

a meeting facility in a hotel or convention

center;

(4) pay any required fee; and

(5)

meet any other eligibility requirements

established by commission rule for a researcher license under this

subchapter.

Sec.

691A.253.

STANDARDS FOR LICENSING AND OPERATIONS OF

ANATOMICAL FACILITIES. (a)

The commission shall adopt minimum

standards for anatomical facilities licensed as researchers, and

anatomical facilities applying for that license, under this

subchapter.

(b) The standards must require a facility to:

(1)

meet the applicable building, fire safety, and

health standards imposed by this state, and if located in a

municipality, imposed by the municipality for similar facilities;

(2) be in a fixed location;

(3)

include a preparation room containing the

equipment and supplies required by commission rule to ensure the

provision of adequate services;

(4)

be designed to ensure security and respectful

treatment of bodies and anatomical specimens and to restrict public

view of and access to bodies and anatomical specimens;

(5)

include other facilities as necessary to comply

with the applicable sanitary codes of:

(A) this state; and

(B)

the municipality in which the facility is

located, if the facility is located in a municipality; and

(6)

include any other construction, health, and safety

provisions the commission determines necessary to protect the

public and donors.

Sec.

691A.254.

STANDARDS FOR LICENSING AND OPERATION OF

MEETING FACILITY IN HOTELS OR CONVENTION CENTERS. The commission

shall adopt minimum standards for a meeting facility in a hotel or

convention center with respect to:

(1)

the education or research that may be performed in

the facility and the researchers who may perform the education or

research; and

(2)

the facility in which the authorized education or

research may be performed.

Sec.

691A.255.

APPLICATION. A person may apply to the

commission for a researcher license under this subchapter in the

form and manner prescribed by commission rule.

Sec.

691A.256.

LICENSE ISSUANCE. The commission shall

issue a researcher license under this subchapter to an applicant

who:

(1) submits an application;

(2)

meets the applicable eligibility requirements of

this subchapter for the type of entity applying for the license; and

(3) pays any required fee.

Sec.

691A.257.

USE BY WILLED BODY PROGRAM OR FORENSIC

SCIENCE PROGRAM. A willed body program or forensic science program

that holds a researcher license issued under this subchapter may

only use a body or anatomical specimen for education or research

that is:

(1)

conducted by an accredited medical, dental, health

sciences, or forensic science training program supervised by

professionals in educational environments in which knowledge,

skills, and competencies are imparted in accordance with

accrediting standards;

(2)

designed to expand knowledge within one of the

fields listed in Subdivision (1); and

(3)

for research use, formally approved by a

recognized institutional review board or an equivalent ethical

oversight body.

Sec.

691A.258.

USE BY SEARCH AND RESCUE ORGANIZATION OR

RECOVERY TEAM. A search and rescue organization or recovery team

that holds a researcher license issued under this subchapter may

only use a body or anatomical specimen for education or research

purposes that relate to the organization's or team's functions,

including canine cadaver training.

SUBCHAPTER G.

LICENSE RENEWAL

Sec.

691A.301.

LICENSE TERM. A license issued under this

chapter expires not later than the second anniversary of the date

the license was issued, unless the commission establishes an

earlier expiration date for the purpose of staggering license

renewals.

Sec.

691A.302.

RENEWAL APPLICATION. A person who holds a

license under this chapter may apply to the commission to renew the

license.

Sec.

691A.303.

RENEWAL REQUIREMENTS. The commission may

adopt rules for the renewal of a license under this chapter.

SUBCHAPTER H. PRACTICE PROVISIONS FOR LICENSE HOLDERS

Sec.

691A.351.

TRANSPORTATION OF BODIES; RECORDS. (a) The

commission shall adopt rules to ensure that:

(1)

each body or anatomical specimen received or

distributed under this chapter is properly transported;

(2)

a label with a statement that a container's

contents are derived from human tissue is affixed to each container

in which a body or anatomical specimen is transported; and

(3)

each person who has control or possession of a body

or anatomical specimen:

(A)

satisfactorily completes a chain-of-custody

form prescribed by the commission to document the person's control

or possession of the body or anatomical specimen;

(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)

An anatomical supplier and researcher shall maintain a

copy of each chain-of-custody form required by this section and

submit a copy of each form to the commission.

(c)

Each body or anatomical specimen transferred under this

chapter shall be carefully deposited and transported with the least

possible public display.

(d)

A person who transfers a body or anatomical specimen

under this chapter shall keep on permanent file records that:

(1)

contain a description of the body or anatomical

specimen, including if known the deceased person's name, race and

ethnicity, sex, age, and place and reported cause of death and any

other information available for identification of the body or

anatomical specimen, such as the existence of scars or deformities;

and

(2)

track the possession of the body or anatomical

specimen from intake to final disposition.

(e)

The person who transfers a body or anatomical specimen

under this chapter shall mail or otherwise safely convey to the

person to whom the body is sent a copy of the description of the body

or anatomical specimen required by Subsection (d)(1). The person

receiving the body or anatomical specimen shall immediately and

safely transmit to the transferor a receipt that:

(1)

acknowledges the person received the body or

anatomical specimen; and

(2)

contains the full description of the body or

anatomical specimen provided by the transferor.

(f)

The transferor and receiver of each body or anatomical

specimen shall:

(1)

maintain the records required under this section

in accordance with commission rule; and

(2)

allow the commission or a district or county

attorney to inspect the records described by Subdivision (1) at any

time.

(g)

The commission, in consultation with the advisory

committee, shall adopt rules to enforce the documentation and

labeling requirements of this section for each body and anatomical

specimen distributed or received under this chapter.

Sec.

691A.352.

COSTS OF DISTRIBUTION. A researcher

acquiring a body or anatomical specimen under this chapter from an

anatomical supplier shall pay the costs associated with the

distribution in a manner specified by agreement with the anatomical

supplier regarding the distribution.

Sec.

691A.353.

REQUIRED DOCUMENTATION OF INFORMED CONSENT.

(a) Before a body or anatomical specimen may be acquired under this

chapter, the anatomical supplier or researcher, as applicable,

must:

(1)

obtain verifiable documentation of the voluntary

donation of the body or anatomical specimen under either Section

691A.403 or 691A.404;

(2)

ensure the documentation described by Subdivision

(1) demonstrates clear, informed consent by the deceased, or a

representative of the deceased authorized by law to provide

consent, to donate the body or anatomical specimen for education or

research purposes; and

(3)

submit the documentation described by Subdivision

(1) to the commission.

(b)

The commission by rule may establish a time, not later

than a reasonable date before the date of acquisition, for the

submission of the documentation.

Sec.

691A.354.

FINAL DISPOSITION. (a)

Except as provided

by Subsection (b), a person licensed under this chapter shall

dispose of a body or anatomical specimen acquired under this

chapter after any authorized use either through a third-party

crematory licensed under Subchapter N, Chapter 651, Occupations

Code, or through a crematory owned and operated by a willed body

program.

A person licensed under this chapter may not dispose of a

body or anatomical specimen as medical waste or through the use of

alkaline hydrolysis.

(b)

A researcher shall return a donor's body or anatomical

specimen after use to any person the donor designates or otherwise

dispose of the body or anatomical specimen, in accordance with the

donor agreement.

(c) An anatomical supplier may only:

(1)

distribute a body or anatomical specimen to a

researcher, as provided by Section 691A.201, or to a person

approved under Section 691A.110; or

(2)

dispose of the body or anatomical specimen in

accordance with this section.

(d)

A researcher may only dispose of a body or anatomical

specimen in accordance with this section.

Sec.

691A.355.

INSPECTIONS AND AUDITS. A person licensed

under this chapter shall allow the commission to inspect or audit

the person's facilities, equipment, and records at any time in

connection with the person's activities under this chapter.

Sec.

691A.356.

ABUSE OF CORPSE: REPORT REQUIRED.

To aid

prosecutions under Section 42.08, Penal Code, as soon as possible

after a person becomes aware of the possible abuse of a corpse, the

person shall report the facts, as known, to the commission.

Sec.

691A.357.

LIMITATION OF LIABILITY. (a) A person who

acts in accordance with this chapter, the rules adopted under this

chapter, and the applicable laws for acquiring, distributing,

using, or disposing of bodies or anatomical specimens in this state

is not liable for those actions in a civil action, criminal

prosecution, or administrative proceeding.

(b)

A person who acts in accordance with this chapter and

the rules adopted under this chapter is not liable as a result of

those actions except in the case of an act or omission by the person

that is intentional or constitutes gross negligence.

(c)

A person donating a body or anatomical specimen,

including the person's estate, is not liable for any injury or

damage that results from the donation.

(d)

In determining whether a donation has been made,

amended, or revoked under this chapter, a person may rely on

representations of an individual listed in Section 691A.404(a)(2),

(3), (4), (5), (6), (7), or (8), relating to the individual's

relationship to the donor unless the person knows the

representation is untrue.

SUBCHAPTER I.

DONATION OF BODY OR ANATOMICAL SPECIMEN

Sec.

691A.401.

DONATION AUTHORIZED BEFORE DEATH. A person

may donate a body or anatomical specimen to the following

individuals or entities named in a will or other written

instrument:

(1) a willed body program;

(2) a forensic science program;

(3) a search and rescue organization or recovery team;

(4)

a physician licensed to practice medicine in this

state;

(5) an anatomical facility; or

(6) a person licensed or approved under this chapter.

Sec.

691A.402.

PROHIBITED DONATION OF CERTAIN BODIES;

LIMITED EXCEPTION FOR APPROVED EDUCATION AND RESEARCH. (a)

Notwithstanding any other provision of this chapter except

Subsections (b) and (c), a person is prohibited from donating a body

not claimed for burial or a body required to be buried at public

expense to another person for any reason.

(b)

A donor, by will or other written instrument in

accordance with Section 691A.403, may donate a donor's body to a

person described by Section 691A.401 for use in education or

research.

(c)

A person who is authorized to claim a decedent's body

for burial under Section 691A.452 may provide informed consent for

the body to be donated to a person described by Section 691A.401 for

use in education or research.

(d)

The commission shall adopt rules necessary to implement

this section.

Sec.

691A.403.

DONATION OF BODY OR ANATOMICAL SPECIMEN BY

WRITTEN INSTRUMENT. (a)

An adult living in this state who is of

sound mind may donate the adult's body or anatomical specimen by

will or other written instrument to a person described by Section

691A.401 as authorized by the commission to be used for education or

research purposes.

(b)

A donation is not effective under Subsection (a) unless

the donor provides written informed consent by signing a form

prescribed by the commission in the presence of two adult

witnesses. The form must clearly convey:

(1) the donor's intent; and

(2)

the donor's acknowledgment that the donor was

informed about:

(A)

the consequences of the anatomical donation

before providing consent, including the potential for dividing the

body into anatomical specimens for various uses by different

researchers;

(B)

the intended use of the donated body or

anatomical specimen by the person to whom the body or anatomical

specimen is donated, if known; and

(C)

if applicable, the condition in which the

body or anatomical specimen will be returned to the person

designated by the donor.

(c)

For purposes of Subsection (b), the donor must be

informed in writing about the information described by Subsection

(b)(2) in a clear manner on a single piece of paper that is 8-1/2 by

11 inches with 14-point type. The commission, in consultation with

the advisory committee, by rule shall design and adopt a form that

complies with this subsection and require persons licensed under

this chapter to use the form.

(d)

Appointment of an administrator or executor or issuance

of a court order is not necessary before the body or anatomical

specimen may be acquired under this chapter.

(e)

A donor may specify the use for which the donor's body or

anatomical specimen may be used, including whether the donor's body

is authorized to be divided into anatomical specimens.

(f)

A donor may revoke a donation made under this section by

executing a written instrument in a manner similar to the original

donation.

Sec.

691A.404.

DONATION OF BODY OR ANATOMICAL SPECIMEN

AFTER DONOR'S DEATH. (a) Any member of the following classes of

persons who are reasonably available, in the order of priority

listed, may donate the donor's body or anatomical specimen to a

person specified in Section 691A.401 for a purpose authorized by

this chapter, unless the donor or the donor's agent made a donation

under Section 691A.403, the donor indicated before death the donor

did not want the donor's body donated, or an anatomical gift has

been made in accordance with Section 692A.009:

(1)

an agent of the donor at the time of death who

could have donated the donor's body or anatomical specimen under

Section 691A.403;

(2) the donor's spouse;

(3) adult children of the donor;

(4) parents of the donor;

(5) adult siblings of the donor;

(6) adult grandchildren of the donor;

(7) grandparents of the donor; and

(8)

the persons who were acting as legal guardians of

the donor at the time of the donor's death.

(b)

If more than one member of a class listed in Subsection

(a)(1), (3), (4), (5), (6), (7), or (8) is entitled to donate the

donor's body or anatomical specimen, a member of that class may make

the donation unless that member or the representative of the person

licensed under this chapter who is coordinating the donation has

actual knowledge of an objection by another member of the class. If

an objection is known, the donation may be made only by a majority

of the members of the class who are reasonably available.

(c)

A person may not make a donation if, at the time of the

donor's death, a person in a class with higher priority under

Subsection (a) is reasonably available to make or to object to the

donation.

(d)

A donation is not effective under Subsection (a) unless

the person authorized to donate the donor's body or anatomical

specimen under this section provides written informed consent by

signing a form prescribed by the commission in the presence of two

adult witnesses.

The form must clearly convey:

(1) the person's intent; and

(2)

the person's acknowledgment that the person was

informed about:

(A)

the consequences of the donation before

providing consent;

(B)

the intended use of the donated body or

anatomical specimen by the person to whom the body or anatomical

specimen is donated, if known; and

(C)

if applicable, the condition in which the

body or anatomical specimen will be returned to the person.

(e)

For purposes of Subsection (d), the person or class of

persons authorized to donate the donor's body or anatomical

specimen under this section must be informed in writing about the

information described by Subsection (d)(2) in a clear manner on a

single piece of paper that is 8-1/2 by 11 inches with 14-point type.

The commission, in consultation with the advisory committee, by

rule shall design and adopt a form that complies with this

subsection and require persons licensed under this chapter to use

the form.

(f)

A person who makes a donation under this section may

specify the use for which the donated body or anatomical specimen

may be used, including whether the donated body is authorized to be

divided into anatomical specimens.

(g)

A donation under this section may be revoked orally or

in writing by any member of a class with higher priority under

Subsection (a) who is reasonably available. If more than one member

of the class with higher priority is reasonably available, the

donation may be revoked only if a majority of the reasonably

available members agree to the revocation or if the reasonably

available members are equally divided as to whether to revoke the

donation.

(h)

A revocation under Subsection (g) is effective only

before completion of the donation and the acceptance of the body or

anatomical specimen.

SUBCHAPTER J.

REGULATION OF UNCLAIMED BODIES; AUTOPSY

Sec.

691A.451.

DUTY TO DELIVER CERTAIN BODIES. 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 commission or the commission's

representative of the body's existence when the body comes into the

person's possession, charge, or control if the commission or the

commission's representative provides to the person written notice

of the notification requirement; and

(2)

deliver or dispose of the body in accordance with

the direction of the commission.

Sec.

691A.452.

PERSONS WHO MAY CLAIM BODY FOR BURIAL. (a)

An officer, employee, or representative of the state, of a

political subdivision, or of an institution is not required to give

notice or deliver a body as required by Section 691A.451 if the body

is claimed for burial.

(b)

A relative, bona fide friend, or representative of an

organization to which the deceased belonged may claim the body for

burial. The person in charge of the body shall release the body to

the claimant without requiring payment when the person is satisfied

that the claimed relationship exists.

(c)

A claimant alleging to be a bona fide friend or a

representative of an organization to which the deceased belonged

must present a written statement of the relationship under which

the claimant qualifies as a bona fide friend or organization

representative.

(d)

For purposes of this section, a bona fide friend means a

person who is like a member of the deceased person's family, and

does not include:

(1) an ordinary acquaintance;

(2)

an officer, employee, or representative of the

state or a political subdivision having charge of a body not claimed

for burial or a body required to be buried at public expense;

(3)

an employee of an entity listed in Subdivision (2)

with which the deceased was associated;

(4)

a patient, inmate, or ward of an institution with

which the deceased was associated;

(5)

an officer, employee, or representative of an

institution having charge of a body not claimed for burial or a body

required to be buried at public expense; or

(6)

an employee of an institution with which the

deceased was associated.

(e)

A person described by Subsection (d)(4), (5), or (6) may

qualify as a bona fide friend if the friendship existed before the

deceased entered the institution.

Sec.

691A.453.

PROCEDURE AFTER DEATH. (a) If a body is not

claimed for burial immediately after death, the body shall be

embalmed within 24 hours.

(b)

For 72 hours after death, the person in charge of the

institution having charge or control of the body shall make a

reasonable effort to find a relative of the deceased and notify the

relative of the death. If the person is not able to find a relative,

the person shall file with the county clerk an affidavit stating

that the person has made a diligent inquiry to find a relative and

stating the inquiry the person made.

Sec.

691A.454.

BODY OF TRAVELER. (a)

If an unclaimed body

is the body of a traveler who died suddenly, the commissioners court

of the county in which the traveler died shall retain possession of

the body until the earlier of the six months after the date of the

traveler's death or the date the body is identified and claimed.

(b)

The county may inter a body described by Subsection (a)

before the expiration of the period described by that subsection

provided the county disinters the body as necessary for

identification purposes during that period.

Sec.

691A.455.

AUTOPSY. Except as otherwise provided by

law, only the commission may grant permission to perform an autopsy

on an unclaimed body.

The commission may grant permission after

receiving a specific request for an autopsy that shows sufficient

evidence of medical urgency.

SUBCHAPTER K.

ENFORCEMENT

Sec.

691A.501.

LICENSE DENIAL, RENEWAL, SUSPENSION,

REVOCATION.

(a)

Under procedures provided by Chapter 651,

Occupations Code, the commission may refuse to issue or renew,

suspend, revoke, or probate the suspension of a license, or

reprimand a license holder, under this chapter if the commission

determines that:

(1)

a person violated this chapter or a rule adopted

under this chapter, including improper use of a body or anatomical

specimen; or

(2)

for an applicant for a license under this chapter,

the applicant fails to meet the eligibility requirements for the

license.

(b)

Notwithstanding this section or Section 2001.054,

Government Code, a license under this chapter is not valid during

the pendency of an appeal of a decision to refuse to issue, renew,

suspend, or revoke the license.

Sec.

691A.502.

CRIMINAL PENALTY: UNLICENSED PRACTICE;

ACQUISITION; DISTRIBUTION; USE.

(a)

A person commits an offense if

the person violates Section 691A.201 or 691A.251.

(b) An offense under this section is a state jail felony.

Sec.

691A.503.

ADMINISTRATIVE PENALTY. The commission may

assess an administrative penalty on a person who violates this

chapter or a rule adopted under this chapter in an amount not to

exceed $5,000 per violation under procedures provided by Subchapter

L, Chapter 651, Occupations Code.

Sec.

691A.504.

DEFENSE TO ABUSE OF CORPSE. It is a defense

to prosecution under Section 42.08, Penal Code, that the actor

engaged in activities authorized by this chapter in a manner that

complies with this chapter and the rules adopted under this

chapter.

SECTION 2. Section 692A.002, Health and Safety Code, is

amended by adding Subdivision (3-a) to read as follows:

(3-a)

"Commission" means the Texas Funeral Service

Commission.

SECTION 3. Chapter 692A, Health and Safety Code, is amended

by adding Section 692A.0035 to read as follows:

Sec.

692A.0035.

LICENSE REQUIRED FOR WILLED BODY PROGRAM.

A person may not acquire an anatomical gift as part of a willed body

program, as defined by Section 691A.001, in this state unless the

program is licensed under Chapter 691A.

SECTION 4. Section 692A.009(a), Health and Safety Code, is

amended 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
or
[
,
]

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;

(9) the persons who were acting as the guardians of the

person of the decedent at the time of death;

(10) the hospital administrator; and

(11) any other person having the authority to dispose

of the decedent's body.

SECTION 5. Sections 692A.011(a) and (b), 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
];

(5) a forensic science program
licensed by the

commission under Chapter 691A
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

licensed under Chapter 691A
[
that is recognized by the Texas

Funeral Service Commission, is exempt from federal 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
];

(7)
a willed body program licensed under Chapter 691A

[
the Texas Funeral Service Commission
]; or

(8)
an anatomical supplier licensed under Chapter 691A

[
a non-transplant anatomical donation organization
].

(b)
A person described by Subsection (a) may acquire
[
Except

for donations described by Subsections (a)(1) through (6), the

Texas Funeral Service Commission or a non-transplant anatomical

donation organization shall be the donee of
] gifts of bodies or

parts of bodies made for the purpose of education or research that

are subject to distribution [
by the commission or organization
]

under Chapter
691A only if the person holds the appropriate license

issued under that chapter
[
691
].

SECTION 6. Section 711.002, Health and Safety Code, is

amended by amending Subsection (k) and adding Subsection (k-1) to

read as follows:

(k) Any dispute among any of the persons listed in

Subsection (a) concerning their right to control the disposition,

including cremation, of a decedent's remains shall be resolved by a

court with jurisdiction over probate proceedings for the decedent,

regardless of whether a probate proceeding has been initiated.

(k-1)
A cemetery organization or funeral establishment
that

is aware of a dispute described by Subsection (k) is
[
shall
] not

[
be
] liable for refusing to accept the decedent's remains, or to

inter or otherwise dispose of the decedent's remains, until it

receives a court order or other suitable confirmation that the

dispute has been resolved or settled.
A cemetery organization or

funeral establishment that is unaware of a dispute described by

Subsection (k) is not liable for disposing of the decedent's

remains if the organization or establishment:

(1)

reasonably relies in good faith on the

representations of a person who states in writing that the person is

entitled to control the disposition of the decedent's remains;

(2)

disposes of the decedent's remains in accordance

with the written directions of the person described by Subdivision

(1); and

(3)

is unaware, after inquiring of the person

described by Subdivision (1), of another person who is listed in a

priority before the person described by Subdivision (1).

SECTION 7. Section 651.005, Occupations Code, is amended to

read as follows:

Sec. 651.005. REGULATION OF
CERTAIN LICENSED PERSONS

[
WILLED BODY PROGRAMS, NON-TRANSPLANT ANATOMICAL DONATION

ORGANIZATIONS, AND ANATOMICAL FACILITIES
]. The commission shall

regulate
persons licensed under Chapter 691A, Health and Safety

Code,
[
willed body programs, non-transplant anatomical donation

organizations,
] and anatomical facilities as provided by
that

chapter
[
Chapter 691, Health and Safety Code,
] and in accordance

with the powers and duties granted by this chapter to the extent

necessary to regulate
those persons
[
the programs, organizations,

and facilities under that chapter
].

SECTION 8. Section 651.202, Occupations Code, is amended by

adding Subsection (g) to read as follows:

(g)

Notwithstanding any other provision of this section, a

commission employee may dismiss a complaint without further

investigation under Subsection (c) if:

(1)

the subject matter of the complaint is a funeral

service provided under a contract with a license holder and the

complainant is not:

(A) a party to the contract; or

(B)

the person entitled under Section

711.002(a), Health and Safety Code, to control the disposition of

the remains of the decedent to whom the service relates; or

(2)

regardless of the subject matter of the complaint,

the complaint is not accompanied by substantial evidence of a

violation of a statute administered by the commission.

SECTION 9. Section 651.407(f), Occupations Code, is amended

to read as follows:

(f) This section does not apply to a dead human body

obtained by a school or college of mortuary science under Chapter

691A
[
691
] or 692A, Health and Safety Code.

SECTION 10. Subchapter I, Chapter 651, Occupations Code, is

amended by adding Section 651.411 to read as follows:

Sec.

651.411.

SCOPE OF SERVICE INVOLVING CERTAIN ANATOMICAL

GIFTS. The commission by rule may prescribe the minimum

requirements for a licensed funeral establishment to provide a

service in relation to an anatomical gift made under Chapter 691A or

692A, Health and Safety Code, that is not intended for

transplantation, including requirements for the storage or

transportation of the anatomical gift.

SECTION 11. Section 411.12507(a), Government Code, is

amended to read as follows:

(a) The Texas Funeral Service Commission is entitled to

obtain criminal history record information as provided by

Subsection (b) that relates to:

(1) a person who is:

(A) an applicant for a license or certificate

under Sections 651.259 and 651.302, Occupations Code; or

(B) the holder of a license or certificate under

Chapter 651, Occupations Code;

(2) an applicant for a license or a license holder

under
Chapter 691A, Health and Safety Code, or
Chapter 651,

Occupations Code;

(3) an applicant for employment at or current employee

of the Texas Funeral Service Commission; or

(4) a person authorized to access vital records or the

vital records electronic registration system under Chapter 191,

Health and Safety Code, or a funeral director.

SECTION 12. Chapter 691, Health and Safety Code, is

repealed.

SECTION 13. Chapter 691A, Health and Safety Code, as added

by this Act, applies to the donation of a body or anatomical

specimen by will or other written instrument executed on or after

the effective date of this Act. The donation of a body or

anatomical specimen by will or other written instrument that is

executed before the effective date of this Act is governed by the

law as it existed immediately before that date, and that law is

continued in effect for that purpose.

SECTION 14. Notwithstanding Section 691A.105, Health and

Safety Code, as added by this Act, the Texas Funeral Service

Commission is not required before December 1, 2027, to:

(1) adopt rules requiring license holders to comply

with that section with respect to issuing unique identifiers; or

(2) maintain records in a searchable database.

SECTION 15. As soon as practicable after the effective date

of this Act, but not later than March 1, 2026, the Texas Funeral

Service Commission shall adopt rules necessary to implement

Chapters 691A and 692A, Health and Safety Code, and Chapter 651,

Occupations Code, as added or amended by this Act.

SECTION 16. Sections 691A.501, 691A.502, and 691A.503,

Health and Safety Code, as added by this Act, take effect January 1,

2026.

SECTION 17. Except as otherwise provided by this Act, this

Act takes effect September 1, 2025.