reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.021. Definition

Sec. 691.021.  DEFINITION.  In this subchapter, "political subdivision" means a municipality, county, or special district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.022. General Duties

Sec. 691.022.  GENERAL DUTIES.  (a)  The commission shall distribute bodies and anatomical specimens to persons authorized to receive a body or specimen under this chapter.  This subsection does not apply to a body or specimen donated to a registered non-transplant anatomical donation organization.
(b)  The commission shall adopt rules to ensure that each body and anatomical specimen is treated with respect while  in the custody of the commission or person authorized to receive the body or specimen.
(c)  The commission shall adopt rules, establish procedures, and prescribe forms necessary to administer and enforce this chapter, including rules establishing registration and inspection requirements and procedures.  The commission may issue a reprimand, assess an administrative penalty, impose other penalties, or revoke, suspend, or probate a registration or other authorization for a violation of this chapter or a commission rule adopted under this chapter, including a violation related to an inspection conducted under Section 691.034, in the manner provided by Chapter 651, Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 948, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 1, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.08, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.0225. Informational Document

Sec. 691.0225.  INFORMATIONAL DOCUMENT.  The commission shall develop 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.  The commission shall make the document available on the commission's Internet website.
Added by Acts 2011, 82nd Leg., R.S., Ch. 875 (S.B. 187), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 2, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.09, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.023. Duty to Deliver Certain Bodies to Commission

Sec. 691.023.  DUTY TO DELIVER CERTAIN BODIES TO COMMISSION.  (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 commission or the commission'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 commission or the commission's representative;
(2)  deliver the body in accordance with the direction of the commission; and
(3)  allow the commission, the commission's representative, or a physician designated by the commission who complies with this chapter to remove the body to be used for the advancement of medical or forensic science.
(b)  If the commission does not require a political subdivision or agency of the political subdivision to deliver a body under this section, the political subdivision shall pay all costs of preparation for burial, including costs of embalming.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.10, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.024. Persons Who May Claim Body for Burial

Sec. 691.024.  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 691.023 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 one of the family, and does not include:
(1)  an ordinary acquaintance;
(2)  an officer, employee, or representative of the state, of a political subdivision, or of an institution 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;  or
(4)  a patient, inmate, or ward of an institution with which the deceased was associated.
(e)  A person covered by Subsection (d) may qualify as a bona fide friend if the friendship existed before the deceased entered the institution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.025. Procedure After Death

Sec. 691.025.  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 due 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.
(c)  A body that is not claimed for burial within 48 hours after a relative receives notification shall be delivered as soon as possible to the commission or the commission's representative.
(d)  A relative of the deceased may claim the body within 60 days after the body has been delivered to an institution or other entity authorized to receive the body.  The body shall be released without charge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.11, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.026. Body of Traveler

Sec. 691.026.  BODY OF TRAVELER.  If an unclaimed body is the body of a traveler who died suddenly, the commission shall direct the institution or other person receiving the body to retain the body for six months for purposes of identification.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 4, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.12, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.027. Autopsy

Sec. 691.027.  AUTOPSY.  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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.13, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.028. Donation of Body by Written Instrument

Sec. 691.028.  DONATION OF BODY BY WRITTEN INSTRUMENT.  (a)  An adult living in this state who is of sound mind may donate the adult's body by will or other written instrument to the commission, a willed body program of a medical or dental school, a non-transplant anatomical donation organization, or another donee authorized by the commission to be used for the advancement of medical or forensic science.
(b)  To be effective, the donor must provide informed consent by signing the will or other written instrument and it must be witnessed by two adults.  The donor is not required to use a particular form or particular words in making the donation, but the will or other instrument 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 donation before providing consent;
(B)  the use the donee plans for the donated body parts; and
(C)  if applicable, any body part and the condition in which the body part will be returned to the person designated by the donor.
(b-1)  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 by rule shall design and adopt a form that complies with this subsection that willed body programs and non-transplant anatomical donation organizations must use.
(c)  Appointment of an administrator or executor or acquisition of a court order is not necessary before the body may be delivered under this chapter.
(d)  A donor may revoke a donation made under this section by executing a written instrument in a manner similar to the original donation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 948, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 5, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.029. Authority to Receive, Distribute, and Transfer Bodies or Anatomical Specimens

Sec. 691.029.  AUTHORITY TO RECEIVE, DISTRIBUTE, AND TRANSFER BODIES OR ANATOMICAL SPECIMENS.  The commission may receive, distribute, and transfer a body or anatomical specimen from inside or outside this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.15, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.030. Commission's Authority to Distribute Bodies and Anatomical Specimens

Sec. 691.030.  COMMISSION'S AUTHORITY TO DISTRIBUTE BODIES AND ANATOMICAL SPECIMENS.  (a)  The commission or the commission's representative shall distribute bodies donated to it and may redistribute bodies donated to medical or dental schools or other donees authorized by the commission to:
(1)  willed body programs of schools and colleges of chiropractic, osteopathy, medicine, or dentistry incorporated in this state;
(2)  forensic science programs;
(3)  search and rescue organizations or recovery teams that are recognized by the commission, are exempt from federal taxation under Section 501(c)(3), Internal Revenue Code of 1986, and use human remains detection canines with the authorization of a local or county law enforcement agency;
(4)  physicians;
(5)  anatomical facilities; and
(6)  other persons as provided by this section.
(b)  In making the distribution, the commission shall give priority to the schools and colleges that need bodies for lectures and demonstrations.
(c)  If the commission has remaining bodies, the commission or the commission's representative shall distribute or redistribute those bodies to the schools and colleges proportionately and equitably according to the number of students in each school or college receiving instruction or demonstration in normal or morbid anatomy and operative surgery.  The dean of each school or college shall certify that number to the commission when required by the commission.
(d)  The commission may transport a body or anatomical specimen to an authorized recipient in another state if the commission determines that the supply of bodies or anatomical specimens in this state exceeds the need for bodies or anatomical specimens in this state and if:
(1)  the deceased donated the deceased's body in compliance with Section 691.028 and at the time of the donation authorized the commission to transport the body outside this state; or
(2)  the body was donated in compliance with Chapter 692A and the person authorized to make the donation under Section 692A.009 authorized the commission to transport the body outside this state.
(e)  This section does not apply to a body or anatomical specimen donated to a registered non-transplant anatomical donation organization.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 948, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.16, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.031. Transportation of Bodies; Records

Sec. 691.031.  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 the container's contents are derived from human tissue is affixed to the container in which the body or anatomical specimen is transported; and
(3)  each person who has control or possession of a body or anatomical specimen:
(A)  satisfactorily completes the information required on a chain-of-custody form prescribed by the commission;
(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)  The commission may employ a public carrier to transport bodies or anatomical specimens received or distributed by the commission.
(c)  Each body or anatomical specimen shall be carefully deposited and transported with the least possible public display.
(d)  A person or institution who sends a body or anatomical specimen under this chapter shall keep on permanent file a description of the body or anatomical specimen that includes the deceased's name, if known, color, sex, age, place and supposed cause of death, and any other information available for identification of the body or anatomical specimen, such as the existence of scars or deformities.
(e)  The sender shall mail or otherwise safely convey to the person or institution to whom the body is sent a copy of the description required by Subsection (d).  The person or institution receiving the body or anatomical specimen shall immediately and safely transmit to the sender a receipt containing the full terms of the description furnished by the sender.
(f)  The sender and receiver of each body or anatomical specimen shall file the records required under this section in accordance with commission rules so that the commission or a district or county attorney may inspect the records at any time.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 948, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 875 (S.B. 187), Sec. 2, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.17, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.032. Costs of Distribution

Sec. 691.032.  COSTS OF DISTRIBUTION.  A person or institution receiving a body or anatomical specimen under this chapter shall pay in a manner specified by the commission, or as otherwise agreed on, all costs incurred in distributing the body or anatomical specimen so that the state, a county, a municipality, or an officer, employee, or representative of the state, a county, or a municipality does not incur any expense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 948, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.18, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.033. Use of Bodies and Anatomical Specimens

Sec. 691.033.  USE OF BODIES AND ANATOMICAL SPECIMENS.  (a)  To further medical or forensic science, a willed body program, non-transplant anatomical donation organization, anatomical facility, or other person designated by the commission may use, dissect, operate on, examine, and experiment on a body or anatomical specimen distributed under this chapter.
(b)  A willed body program, non-transplant anatomical donation organization, or other person shall keep a permanent record of each body or anatomical specimen received from the commission or the commission's representative.  The record:
(1)  must be sufficient to identify the body or anatomical specimen;
(2)  must track the body or anatomical specimen from intake to final disposition; and
(3)  may be inspected by the commission or the commission's representative.
(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 commission shall adopt rules that clearly state the activities that are authorized by the commission in relation to the use or dissection of a body.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.42, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 948, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 624 (S.B. 1214), Sec. 7, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.19, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 691 - Donation of Bodies and Anatomical Specimens › Subchapter B. Donation and Distribution of Bodies and Anatomical Specimens › Section 691.035. Criminal Penalty

Sec. 691.035.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person has a duty imposed under this chapter and refuses, neglects, or omits to perform the duty as required by this chapter.
(b)  An offense under this section is punishable by a fine of not less than $100 or more than $500.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.001. Short Title

Sec. 692A.001.  SHORT TITLE.  This chapter may be cited as the Revised Uniform Anatomical Gift Act.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.003. Applicability

Sec. 692A.003.  APPLICABILITY.  This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.004. Persons Authorized to Make Anatomical Gift Before Donor's Death

Sec. 692A.004.  PERSONS AUTHORIZED TO MAKE ANATOMICAL GIFT BEFORE DONOR'S DEATH.  Subject to Section 692A.008, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 692A.005 by:
(1)  the donor, if the donor is an adult or if the donor is a minor and is:
(A)  emancipated; or
(B)  authorized under state law to apply for a driver's license because the donor is at least 16 years of age and:
(i)  circumstances allow the donation to be actualized prior to 18 years of age; and
(ii)  an organ procurement organization obtains signed written consent from the minor's parent, guardian, or custodian as in Subdivision (3);
(2)  an agent of the donor, unless the medical power of attorney or other record prohibits the agent from making an anatomical gift;
(3)  a parent of the donor, if the donor is an unemancipated minor; or
(4)  the donor's guardian.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.005. Manner of Making Anatomical Gift Before Donor's Death

Sec. 692A.005.  MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.  (a)  A donor may make an anatomical gift:
(1)  by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2)  in a will;
(3)  during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4)  as provided in Subsection (b) or (b-1).
(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).
(b-1)  A donor or other person authorized to make an anatomical gift under Section 692A.004 may make a gift through an online registry.  The online registration:
(1)  does not require the consent of another person or require a witness to sign at the donor's request or a notary public to acknowledge the gift; and
(2)  constitutes a legal document under this chapter that remains binding after the donor's death.
(c)  Revocation, suspension, expiration, or cancellation of a driver's license or identification card on which an anatomical gift is indicated does not invalidate the gift.
(d)  An anatomical gift made by will takes effect on the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 363 (S.B. 2186), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.006. Amending or Revoking Anatomical Gift Before Donor's Death

Sec. 692A.006.  AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.  (a)  Subject to Section 692A.008, a donor or other person authorized to make an anatomical gift under Section 692A.004 may amend or revoke an anatomical gift by:
(1)  a record signed by:
(A)  the donor;
(B)  the other person; or
(C)  subject to Subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2)  a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(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).
(c)  Subject to Section 692A.008, a donor or other person authorized to make an anatomical gift under Section 692A.004 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d)  A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e)  A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 363 (S.B. 2186), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.007. Refusal to Make Anatomical Gift; Effect of Refusal

Sec. 692A.007.  REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF REFUSAL.  (a)  An individual may refuse to make an anatomical gift of the individual's body or part by:
(1)  a record signed by:
(A)  the individual; or
(B)  subject to Subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2)  the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3)  any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(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).
(c)  An individual who has made a refusal may amend or revoke the refusal:
(1)  in the manner provided in Subsection (a) for making a refusal;
(2)  by subsequently making an anatomical gift pursuant to Section 692A.005 that is inconsistent with the refusal; or
(3)  by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d)  Except as otherwise provided in Section 692A.008(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 363 (S.B. 2186), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.008. Preclusive Effect of Anatomical Gift, Amendment, or Revocation

Sec. 692A.008.  PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT, OR REVOCATION.  (a)  Except as otherwise provided in Subsection (g) and subject to Subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under Section 692A.005 or an amendment to an anatomical gift of the donor's body or part under Section 692A.006.
(b)  A donor's revocation of an anatomical gift of the donor's body or part under Section 692A.006 is not a refusal and does not bar another person specified in Section 692A.004 or Section 692A.009 from making an anatomical gift of the donor's body or part under Section 692A.005 or Section 692A.010.
(c)  If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under Section 692A.005 or an amendment to an anatomical gift of the donor's body or part under Section 692A.006, another person may not make, amend, or revoke the gift of the donor's body or part under Section 692A.010.
(d)  A revocation of an anatomical gift of a donor's body or part under Section 692A.006 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 692A.005 or Section 692A.010.
(e)  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 692A.004, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f)  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 692A.004, an anatomical gift of a part for one or more of the purposes set forth in Section 692A.004 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 692A.005 or Section 692A.010.
(g)  If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h)  If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.009. Who May Make Anatomical Gift of Decedent's Body or Part

Sec. 692A.009.  WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.  (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;
(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.
(b)  If there is more than one member of a class listed in Subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 692A.011 knows of an objection by another member of the class.  If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c)  A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under Subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.010. Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part

Sec. 692A.010.  MANNER OF MAKING, AMENDING, OR REVOKING ANATOMICAL GIFT OF DECEDENT'S BODY OR PART.  (a)  A person authorized to make an anatomical gift under Section 692A.009 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b)  Subject to Subsection (c), an anatomical gift by a person authorized under Section 692A.009 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 692A.009 may be:
(1)  amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2)  revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c)  A revocation under Subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before the initiation of invasive procedures to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.012. Search and Notification

Sec. 692A.012.  SEARCH AND NOTIFICATION.  The donor card of a person who is involved in an accident or other trauma shall accompany the person to the hospital or other health care facility.  The driver's license or personal identification certificate indicating an affirmative statement of gift of a person who is involved in an accident or other trauma shall accompany the person to the hospital or health care facility if the person does not have a donor card.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.013. Delivery of Document of Gift Not Required; Right to Examine

Sec. 692A.013.  DELIVERY OF DOCUMENT OF GIFT NOT REQUIRED; RIGHT TO EXAMINE.  (a)  A document of gift need not be delivered during the donor's lifetime to be effective.
(b)  On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 692A.011.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.015. Coordination of Procurement and Use; Hospital Procedures

Sec. 692A.015.  COORDINATION OF PROCUREMENT AND USE; HOSPITAL PROCEDURES.  Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. Each hospital must have a protocol that ensures its maintenance of an effective donation system in order to maximize organ, tissue, and eye donation. The protocol must:
(1)  be available to the public during the hospital's normal business hours;
(2)  establish a procedure for the timely notification to an organ procurement organization of individuals whose death is imminent or who have died in the hospital;
(3)  establish procedures to ensure potential donors are declared dead by an appropriate practitioner in an acceptable time frame;
(4)  establish procedures to ensure that hospital staff and organ procurement organization staff maintain appropriate medical treatment of potential donors while necessary testing and placement of potential donated organs, tissues, and eyes take place;
(5)  ensure that all families are provided the opportunity to donate organs, tissues, and eyes, including vascular organs procured from asystolic donors;
(6)  provide that the hospital use appropriately trained persons from an organ procurement organization, tissue bank, or eye bank to make inquiries relating to donations;
(7)  provide for documentation of the inquiry and of its disposition in the decedent's medical records;
(8)  require an organ procurement organization, tissue bank, or eye bank that makes inquiries relating to donations to develop a protocol for making those inquiries;
(9)  encourage sensitivity to families' beliefs and circumstances in all discussions relating to the donations;
(10)  provide that the organ procurement organization determines medical suitability for organ donation and, in the absence of alternative arrangements by the hospital, the organ procurement organization determines medical suitability for tissue and eye donation, using the definition of potential tissue and eye donor and the notification protocol developed in consultation with the tissue and eye banks identified by the hospital for this purpose;
(11)  ensure that the hospital works cooperatively with the designated organ procurement organization, tissue bank, and eye bank in educating staff on donation issues;
(12)  ensure that the hospital works with the designated organ procurement organization, tissue bank, and eye bank in reviewing death records; and
(13)  provide for monitoring of donation system effectiveness, including rates of donation, protocols, and policies, as part of the hospital's quality improvement program.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.016. Sale or Purchase of Parts Prohibited

Sec. 692A.016.  SALE OR PURCHASE OF PARTS PROHIBITED.  (a)  Except as otherwise provided in Subsection (b), a person commits an offense if the person for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death.  An offense under this subsection is a Class A misdemeanor.
(b)  A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under other law, the actor may be prosecuted under this section, the other law, or both this section and the other law.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.017. Other Prohibited Acts

Sec. 692A.017.  OTHER PROHIBITED ACTS.  (a)  A person  commits an offense if the person, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal.  An offense under this section is a Class A misdemeanor.
(b)  If conduct that constitutes an offense under this section also constitutes an offense under other law, the actor may be prosecuted under this section, the other law, or both this section and the other law.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.018. Immunity

Sec. 692A.018.  IMMUNITY.  (a)  A person who acts in good faith in accordance with this chapter is not liable for civil damages or subject to criminal prosecution for the person's action if the prerequisites for an anatomical gift are met under the laws applicable at the time and place the gift is made.
(b)  A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(c)  A person who acts in good faith in accordance with this chapter is not liable as a result of the action except in the case of an act or omission of the person that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard. For purposes of this subsection, "good faith" in determining the appropriate person authorized to make a donation under Section 692A.009 means making a reasonable effort to locate and contact the member or members of the highest priority class who are reasonably available at or near the time of death.
(d)  Neither a person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(e)  In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely on representations of an individual listed in Section 692A.009(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.019. Law Governing Validity; Choice of Law as to Execution of Document of Gift; Presumption of Validity

Sec. 692A.019.  LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY.  (a)  A document of gift is valid if executed in accordance with:
(1)  this chapter;
(2)  the laws of the state or country where it was executed; or
(3)  the laws of the state or country where the person making the anatomical gift was domiciled, had a place of residence, or was a national at the time the document of gift was executed.
(b)  If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c)  A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.