CHAPTER 692A. REVISED UNIFORM ANATOMICAL GIFT ACT - 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

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, Sec. 1, eff. September 1, 2009.

Sec. 692A.002. DEFINITIONS. In this chapter:

(1) "Adult" means an individual who is at least 18 years of age.

(2) "Agent" means an individual:

(A) authorized to make health care decisions on the principal's

behalf by a medical power of attorney; or

(B) expressly authorized to make an anatomical gift on the

principal's behalf by any other record signed by the principal.

(3) "Anatomical gift" means a donation of all or part of a human

body to take effect after the donor's death for the purpose of

transplantation, therapy, research, or education.

(4) "Commissioner" means the commissioner of state health

services.

(5) "Decedent" means a deceased individual whose body or part is

or may be the source of an anatomical gift. The term includes a

stillborn infant and, subject to restrictions imposed by law

other than this chapter, a fetus.

(6) "Department" means the Department of State Health Services.

(7) "Disinterested witness" means a witness other than the

spouse, child, parent, sibling, grandchild, grandparent, or

guardian of the individual who makes, amends, revokes, or refuses

to make an anatomical gift, or another adult who exhibited

special care and concern for the individual. The term does not

include a person to which an anatomical gift could pass under

Section 692A.011.

(8) "Document of gift" means a donor card or other record used

to make an anatomical gift. The term includes a statement or

symbol on a driver's license, identification card, or donor

registry.

(9) "Donor" means an individual whose body or part is the

subject of an anatomical gift.

(10) "Donor registry" means a database that contains records of

anatomical gifts and amendments to or revocations of anatomical

gifts.

(11) "Driver's license" means a license or permit issued by the

Department of Public Safety to operate a vehicle, whether or not

conditions are attached to the license or permit.

(12) "Eye bank" means a person that is licensed, accredited, or

regulated under federal or state law to engage in the recovery,

screening, testing, processing, storage, or distribution of human

eyes or portions of human eyes.

(13) "Guardian" means a person appointed by a court to make

decisions regarding the support, care, education, health, or

welfare of an individual. The term does not include a guardian ad

litem.

(14) "Hospital" means a facility licensed as a hospital under

the law of any state or a facility operated as a hospital by the

United States, a state, or a subdivision of a state.

(15) "Identification card" means an identification card issued

by the Department of Public Safety.

(16) "Imminent death" means a patient who requires mechanical

ventilation, has a severe neurologic injury, and meets certain

clinical criteria indicating that neurologic death is near or a

patient for whom withdrawal of ventilatory support is being

considered.

(17) "Know" means to have actual knowledge.

(18) "Minor" means an individual who is under 18 years of age.

(19) "Organ procurement organization" means a person designated

by the secretary of the United States Department of Health and

Human Services as an organ procurement organization.

(20) "Parent" means a parent whose parental rights have not been

terminated.

(21) "Part" means an organ, an eye, or tissue of a human being.

The term does not include the whole body.

(22) "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company,

association, joint venture, public corporation, government or

governmental subdivision, agency, or instrumentality, or any

other legal or commercial entity.

(23) "Physician" means an individual authorized to practice

medicine or osteopathy under the law of any state.

(24) "Procurement organization" means an eye bank, organ

procurement organization, or tissue bank.

(25) "Prospective donor" means an individual who is dead or near

death and has been determined by a procurement organization to

have a part that could be medically suitable for transplantation,

therapy, research, or education. The term does not include an

individual who has made a refusal.

(26) "Reasonably available" means able to be contacted by a

procurement organization without undue effort and willing and

able to act in a timely manner consistent with existing medical

criteria necessary for the making of an anatomical gift.

(27) "Recipient" means an individual into whose body a

decedent's part has been or is intended to be transplanted.

(28) "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form.

(29) "Refusal" means a record created under Section 692A.007

that expressly states an intent to bar other persons from making

an anatomical gift of an individual's body or part.

(30) "Sign" means, with the present intent to authenticate or

adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an

electronic symbol, sound, or process.

(31) "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of

the United States.

(32) "Technician" means an individual determined to be qualified

to remove or process parts by an appropriate organization that is

licensed, accredited, or regulated under federal or state law.

The term includes an enucleator.

(33) "Timely notification" means notification of an imminent

death to the organ procurement organization within one hour of

the patient's meeting the criteria for imminent death and before

the withdrawal of any life sustaining therapies. With respect to

cardiac death, timely notification means notification to the

organ procurement organization within one hour of the cardiac

death.

(34) "Tissue" means a portion of the human body other than an

organ or an eye. The term does not include blood unless the blood

is donated for the purpose of research or education.

(35) "Tissue bank" means a person licensed, accredited, or

regulated under federal or state law to engage in the recovery,

screening, testing, processing, storage, or distribution of

tissue.

(36) "Transplant hospital" means a hospital that furnishes organ

transplants and other medical and surgical specialty services

required for the care of transplant patients.

(37) "Visceral organ" means the heart, kidney, or liver or

another organ or tissue that requires a patient support system to

maintain the viability of the organ or tissue.

Added by Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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).

(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; and

(2) state that the record has been signed and witnessed as

provided in Subdivision (1).

(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, Sec. 1, eff. September 1, 2009.

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; and

(2) state that the record has been signed and witnessed 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, Sec. 1, eff. September 1, 2009.

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; and

(2) state that the record has been signed and witnessed 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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

Sec. 692A.011. PERSONS THAT MAY RECEIVE ANATOMICAL GIFT; PURPOSE

OF ANATOMICAL GIFT. (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 Anatomical Board of

the State of Texas;

(5) a forensic science program 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; or

(6) the Anatomical Board of the State of Texas.

(b) Except for donations described by Subsections (a)(1) through

(5), the Anatomical Board of the State of Texas 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

board under Chapter 691.

(c) A forensic science program that receives a donation under

Subsection (a)(5) must submit a report to the Anatomical Board of

the State of Texas on a quarterly basis that lists:

(1) the number of bodies or parts of bodies that the program

received; and

(2) the method in which the program used the bodies or parts of

bodies for education or research.

(d) If an anatomical gift to an individual under Subsection

(a)(3) cannot be transplanted into the individual, the part

passes in accordance with Subsection (i) in the absence of an

express, contrary indication by the person making the anatomical

gift.

(e) If an anatomical gift of one or more specific parts or of

all parts is made in a document of gift that does not name a

person described in Subsection (a) but identifies the purpose for

which an anatomical gift may be used, the following rules apply:

(1) if the part is an eye and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate

eye bank;

(2) if the part is tissue and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate

tissue bank;

(3) if the part is an organ and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate

organ procurement organization as custodian of the organ; and

(4) if the part is an organ, an eye, or tissue and the gift is

for the purpose of research or education, the gift passes to the

appropriate procurement organization.

(f) For the purpose of Subsection (e), if there is more than one

purpose of an anatomical gift set forth in the document of gift

but the purposes are not set forth in any priority, the gift must

be used for transplantation or therapy, if suitable. If the gift

cannot be used for transplantation or therapy, the gift may be

used for research or education.

(g) If an anatomical gift of one or more specific parts is made

in a document of gift that does not name a person described in

Subsection (a) and does not identify the purpose of the gift, the

gift may be used only for transplantation or therapy, and the

gift passes in accordance with Subsection (i).

(h) If a document of gift specifies only a general intent to

make an anatomical gift by words such as "donor," "organ donor,"

or "body donor," or by a symbol or statement of similar import,

the gift may be used only for transplantation or therapy, and the

gift passes in accordance with Subsection (i).

(i) For purposes of Subsections (d), (g), and (h), the following

rules apply:

(1) if the part is an eye, the gift passes to the appropriate

eye bank;

(2) if the part is tissue, the gift passes to the appropriate

tissue bank; and

(3) if the part is an organ, the gift passes to the appropriate

organ procurement organization as custodian of the organ.

(j) An anatomical gift of an organ for transplantation or

therapy, other than an anatomical gift under Subsection (a)(3),

passes to the organ procurement organization as custodian of the

organ.

(k) If an anatomical gift does not pass pursuant to Subsections

(a) through (j) or the decedent's body or part is not used for

transplantation, therapy, research, or education, custody of the

body or part passes to the person under obligation to dispose of

the body or part.

(l) A person may not accept an anatomical gift if the person

knows that the gift was not effectively made under Section

692A.005 or Section 692A.010 or if the person knows that the

decedent made a refusal under Section 692A.007 that was not

revoked. For purposes of this subsection, if a person knows that

an anatomical gift was made on a document of gift, the person is

deemed to know of any amendment or revocation of the gift or any

refusal to make an anatomical gift on the same document of gift.

(m) Except as otherwise provided in Subsection (a)(3), nothing

in this chapter affects the allocation of organs for

transplantation or therapy.

(n) A donee may accept or reject a gift.

Added by Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

Sec. 692A.014. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND

OTHERS. (a) When a hospital refers an individual at or near

death to a procurement organization, the organization shall make

a reasonable search of the records of the Department of Public

Safety and any donor registry that it knows exists for the

geographical area in which the individual resides to ascertain

whether the individual has made an anatomical gift.

(b) A procurement organization must be allowed reasonable access

to information in the records of the Department of Public Safety

to ascertain whether an individual at or near death is a donor.

(c) When a hospital refers an individual at or near death to a

procurement organization, the organization may conduct any

reasonable examination necessary to ensure the medical

suitability of a part that is or could be the subject of an

anatomical gift for transplantation, therapy, research, or

education from a donor or a prospective donor. During the

examination period, measures necessary to ensure the medical

suitability of the part may not be withdrawn unless the hospital

or procurement organization knows that the individual expressed a

contrary intent.

(d) Unless prohibited by law other than this chapter, at any

time after a donor's death, the person to which a part passes

under Section 692A.011 may conduct any reasonable examination

necessary to ensure the medical suitability of the body or part

for its intended purpose.

(e) Unless prohibited by law other than this chapter, an

examination under Subsection (c) or (d) may include an

examination of all medical and dental records of the donor or

prospective donor.

(f) On the death of a minor who was a donor or had signed a

refusal, unless a procurement organization knows the minor is

emancipated, the procurement organization shall conduct a

reasonable search for the parents of the minor and provide the

parents with an opportunity to revoke or amend the anatomical

gift or revoke the refusal.

(g) On referral by a hospital under Subsection (a), a

procurement organization shall make a reasonable search for any

person listed in Section 692A.009 having priority to make an

anatomical gift on behalf of a prospective donor. If a

procurement organization receives information that an anatomical

gift to any other person was made, amended, or revoked, it shall

promptly advise the other person of all relevant information.

(h) Subject to Sections 692A.011(k) and 693.002, the rights of

the person to which a part passes under Section 692A.011 are

superior to the rights of all others with respect to the part.

The person may accept or reject an anatomical gift wholly or

partly. Subject to the terms of the document of gift and this

chapter, a person that accepts an anatomical gift of an entire

body may allow embalming, burial, or cremation, and use of

remains in a funeral service. If the gift is of a part, the

person to which the part passes under Section 692A.011, on the

death of the donor and before embalming, burial, or cremation,

shall cause the part to be removed without unnecessary

mutilation.

(i) The physician who attends the decedent at death or the

physician who determines the time of the decedent's death may not

participate in the procedures for removing or transplanting a

part from the decedent.

(j) A physician or technician may remove a donated part from the

body of a donor that the physician or technician is qualified to

remove.

Added by Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

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, Sec. 1, eff. September 1, 2009.

Sec. 692A.020. GLENDA DAWSON DONATE LIFE-TEXAS REGISTRY;

EDUCATION PROGRAM. (a) In this section, "registry program"

means the donor education, awareness, and registry program

established under this section and known as the Glenda Dawson

Donate Life-Texas Registry.

(b) Any program or component of a program that the department

develops under this chapter shall be known as the Glenda Dawson

Donate Life-Texas Registry.

(c) The department shall affiliate with an entity, such as a

national or state association concerned with organ donation, to

promote the registry program in accordance with this section.

(d) In consultation with the Department of Public Safety and

organ procurement organizations, the department shall establish

the Glenda Dawson Donate Life-Texas Registry.

(e) The department shall enter into an agreement with an

organization selected by the commissioner under a competitive

proposal process for the establishment and maintenance of a

statewide Internet-based registry of organ, tissue, and eye

donors. Contingent on the continued availability of

appropriations under Subsection (k), the term of the initial

agreement is two years and may be renewed for two-year terms

thereafter unless terminated in a written notice to the other

party by the department or organization not later than the 180th

day before the last day of a term.

(f) The Department of Public Safety at least monthly shall

electronically transfer to the organization selected by the

commissioner as provided by Subsection (e) the name, date of

birth, driver's license number, most recent address, and any

other relevant information in the possession of the Department of

Public Safety for any person who indicates on the person's

driver's license application under Section 521.401,

Transportation Code, that the person would like to make an

anatomical gift and consents in writing to the release of the

information by the Department of Public Safety to the

organization for inclusion in the Internet-based registry.

(g) The contract between the department and the organization

selected by the commissioner as provided by Subsection (e) must

require the organization to:

(1) make information obtained from the Department of Public

Safety under Subsection (f) available to procurement

organizations;

(2) allow potential donors to submit information in writing

directly to the organization for inclusion in the Internet-based

registry;

(3) maintain the Internet-based registry in a manner that allows

procurement organizations to immediately access organ, tissue,

and eye donation information 24 hours a day, seven days a week

through electronic and telephonic methods; and

(4) protect the confidentiality and privacy of the individuals

providing information to the Internet-based registry, regardless

of the manner in which the information is provided.

(h) Except as otherwise provided by Subsection (g)(3) or this

subsection, the Department of Public Safety, the organization

selected by the commissioner under Subsection (e), or a

procurement organization may not sell, rent, or otherwise share

any information provided to the Internet-based registry. A

procurement organization may share any information provided to

the registry with an organ procurement organization or a health

care provider or facility providing medical care to a potential

donor as necessary to properly identify an individual at the time

of donation.

(i) The Department of Public Safety, the organization selected

by the commissioner under Subsection (e), or the procurement

organizations may not use any demographic or specific data

provided to the Internet-based registry for any fund-raising

activities. Data may only be transmitted from the selected

organization to procurement organizations through electronic and

telephonic methods using secure, encrypted technology to preserve

the integrity of the data and the privacy of the individuals

providing information.

(j) In each office authorized to issue driver's licenses or

personal identification certificates, the Department of Public

Safety shall make available educational materials developed by

the Texas Organ, Tissue, and Eye Donor Council established under

Chapter 113, as added by Chapter 1186, Acts of the 79th

Legislature, Regular Session, 2005.

(k) The Department of Public Safety shall remit to the

comptroller the money collected under Sections 521.421(g) and

521.422(c), Transportation Code, as provided by those

subsections. A county assessor-collector shall remit to the

comptroller any money collected under Section 502.1745,

Transportation Code, as provided by that section. Money remitted

to the comptroller in accordance with those sections that is

appropriated to the department must be spent in accordance with

the priorities established by the department in consultation with

the Texas Organ, Tissue, and Eye Donor Council to pay the costs

of:

(1) maintaining, operating, and updating the Internet-based

registry and establishing procedures for an individual to be

added to the registry; and

(2) designing and distributing educational materials for

prospective donors as required under this section.

(l) Any additional money over the amount necessary to accomplish

the purposes of Subsections (k)(1) and (2) may be used by the

department to provide education under this chapter or may be

awarded using a competitive grant process to organizations to

conduct organ, eye, and tissue donation education activities in

this state. A member of the Texas Organ, Tissue, and Eye Donor

Council may not receive a grant under this subsection.

(m) The department shall require the organization selected under

Subsection (e) to submit an annual written report to the

department that includes:

(1) the number of donors listed on the Internet-based registry;

(2) changes in the number of donors listed on the registry; and

(3) the demographic characteristics of listed donors, to the

extent the characteristics may be determined from information

provided on donor registry forms submitted by donors to the

organization.

(n) To the extent funds are available and as part of the donor

registry program, the department shall educate residents about

anatomical gifts. The program shall include information about:

(1) the laws governing anatomical gifts, including Subchapter Q,

Chapter 521, Transportation Code, Chapter 693, and this chapter;

(2) the procedures for becoming an organ, eye, or tissue donor

or donee; and

(3) the benefits of organ, eye, or tissue donation.

(o) In developing the registry program, the department in

consultation with the Texas Organ, Tissue, and Eye Donor Council

shall solicit broad-based input reflecting recommendations of all

interested groups, including representatives of patients,

providers, ethnic groups, and geographic regions.

(p) In consultation with the Texas Organ, Tissue, and Eye Donor

Council, the department may implement a training program for all

appropriate Department of Public Safety and Texas Department of

Transportation employees on the benefits of organ, tissue, and

eye donation and the procedures for individuals to be added to

the Internet-based registry. The department shall implement the

training program before the date that the registry is operational

and shall conduct the training on an ongoing basis for new

employees.

(q) The department shall develop a program to educate health

care providers and attorneys in this state about anatomical

gifts.

(r) The department through the program shall encourage attorneys

to provide organ donation information to clients seeking advice

for end-of-life decisions.

(s) The department shall encourage medical and nursing schools

in this state to include mandatory organ donation education in

the schools' curricula.

(t) The department shall encourage medical schools in this state

to require a physician in a neurology or neurosurgery residency

program to complete an advanced course in organ donation

education.

Added by Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 1, eff. September 1, 2009.

Sec. 692A.021. EFFECT OF ANATOMICAL GIFT ON ADVANCE DIRECTIVE.

(a) In this section:

(1) "Advance directive" means a medical power of attorney or a

record signed or authorized by a prospective donor containing the

prospective donor's direction concerning a health-care decision

for the prospective donor.

(2) "Declaration" means a record signed by a prospective donor

specifying the circumstances under which a life support system

may be withheld or withdrawn from the prospective donor.

(3) "Health-care decision" means any decision made regarding the

health care of the prospective donor.

(b) If a prospective donor has a declaration or advance

directive and the terms of the declaration or directive and the

express or implied terms of a potential anatomical gift are in

conflict with regard to the administration of measures necessary

to ensure the medical suitability of a part for transplantation

or therapy, the prospective donor's attending physician and

prospective donor shall confer to resolve the conflict. If the

prospective donor is incapable of resolving the conflict, an

agent acting under the prospective donor's declaration or

directive, or, if the agent is not reasonably available, another

person authorized by law other than this chapter to make

health-care decisions on behalf of the prospective donor, shall

act on the prospective donor's behalf to resolve the conflict.

The conflict must be resolved as expeditiously as possible.

Information relevant to the resolution of the conflict may be

obtained from the appropriate procurement organization and any

other person authorized to make an anatomical gift for the

prospective donor under Section 692A.009. Before resolution of

the conflict, measures necessary to ensure the medical

suitability of the part may not be withheld or withdrawn from the

prospective donor.

(c) If the conflict cannot be resolved, an expedited review of

the matter must be initiated by an ethics or medical committee of

the appropriate health care facility.

Added by Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 1, eff. September 1, 2009.

Sec. 692A.022. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In

applying and construing this chapter, consideration must be given

to the need to promote uniformity of the law with respect to the

subject matter of this chapter among states that enact a law

substantially similar to this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 1, eff. September 1, 2009.

Sec. 692A.023. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND

NATIONAL COMMERCE ACT. This chapter modifies, limits, and

supersedes the provisions of the Electronic Signatures in Global

and National Commerce Act (15 U.S.C. Section 7001 et seq.), but

does not modify, limit, or supersede Section 101(a) of that Act

(15 U.S.C. Section 7001(a)), or authorize electronic delivery of

any of the notices described in Section 103 of that Act (15

U.S.C. Section 7003(b)).

Added by Acts 2009, 81st Leg., R.S., Ch.

186, Sec. 1, eff. September 1, 2009.