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  H.B. No. 2027
 
 
 
 
AN ACT
  relating to adoption of the Revised Uniform Anatomical Gift Act;
  providing criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 8, Health and Safety Code, is
  amended by adding Chapter 692A to read as follows:
  CHAPTER 692A.  REVISED UNIFORM ANATOMICAL GIFT ACT
         Sec. 692A.001.  SHORT TITLE. This chapter may be cited as
  the Revised Uniform Anatomical Gift Act.
         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.
         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.
         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.
         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.
         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).
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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.
         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)).
         SECTION 2.  Section 241.153, Health and Safety Code, is
  amended to read as follows:
         Sec. 241.153.  DISCLOSURE WITHOUT WRITTEN AUTHORIZATION.  A
  patient's health care information may be disclosed without the
  patient's authorization if the disclosure is:
               (1)  directory information, unless the patient has
  instructed the hospital not to make the disclosure or the directory
  information is otherwise protected by state or federal law;
               (2)  to a health care provider who is rendering health
  care to the patient when the request for the disclosure is made;
               (3)  to a transporting emergency medical services
  provider for the purpose of:
                     (A)  treatment or payment, as those terms are
  defined by the regulations adopted under the Health Insurance
  Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
  or
                     (B)  the following health care operations
  described by the regulations adopted under the Health Insurance
  Portability and Accountability Act of 1996 (Pub. L. No. 104-191):
                           (i)  quality assessment and improvement
  activities;
                           (ii)  specified insurance functions;
                           (iii)  conducting or arranging for medical
  reviews; or
                           (iv)  competency assurance activities;
               (4)  to a member of the clergy specifically designated
  by the patient;
               (5)  to a [qualified organ or tissue] procurement
  organization as defined in Section 692A.002 [692.002] for the
  purpose of making inquiries relating to donations according to the
  protocol referred to in Section 692A.015 [692.013(d)];
               (6)  to a prospective health care provider for the
  purpose of securing the services of that health care provider as
  part of the patient's continuum of care, as determined by the
  patient's attending physician;
               (7)  to a person authorized to consent to medical
  treatment under Chapter 313 or to a person in a circumstance
  exempted from Chapter 313 to facilitate the adequate provision of
  treatment;
               (8)  to an employee or agent of the hospital who
  requires health care information for health care education, quality
  assurance, or peer review or for assisting the hospital in the
  delivery of health care or in complying with statutory, licensing,
  accreditation, or certification requirements and if the hospital
  takes appropriate action to ensure that the employee or agent:
                     (A)  will not use or disclose the health care
  information for any other purpose; and
                     (B)  will take appropriate steps to protect the
  health care information;
               (9)  to a federal, state, or local government agency or
  authority to the extent authorized or required by law;
               (10)  to a hospital that is the successor in interest to
  the hospital maintaining the health care information;
               (11)  to the American Red Cross for the specific
  purpose of fulfilling the duties specified under its charter
  granted as an instrumentality of the United States government;
               (12)  to a regional poison control center, as the term
  is used in Chapter 777, to the extent necessary to enable the center
  to provide information and education to health professionals
  involved in the management of poison and overdose victims,
  including information regarding appropriate therapeutic use of
  medications, their compatibility and stability, and adverse drug
  reactions and interactions;
               (13)  to a health care utilization review agent who
  requires the health care information for utilization review of
  health care under Chapter 4201 [Article 21.58A], Insurance Code;
               (14)  for use in a research project authorized by an
  institutional review board under federal law;
               (15)  to health care personnel of a penal or other
  custodial institution in which the patient is detained if the
  disclosure is for the sole purpose of providing health care to the
  patient;
               (16)  to facilitate reimbursement to a hospital, other
  health care provider, or the patient for medical services or
  supplies;
               (17)  to a health maintenance organization for purposes
  of maintaining a statistical reporting system as required by a rule
  adopted by a state agency or regulations adopted under the federal
  Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
  Section 300e et seq.);
               (18)  to satisfy a request for medical records of a
  deceased or incompetent person pursuant to Section 74.051(e), Civil
  Practice and Remedies Code;
               (19)  to comply with a court order except as provided by
  Subdivision (20); or
               (20)  related to a judicial proceeding in which the
  patient is a party and the disclosure is requested under a subpoena
  issued under:
                     (A)  the Texas Rules of Civil Procedure or Code of
  Criminal Procedure; or
                     (B)  Chapter 121, Civil Practice and Remedies
  Code.
         SECTION 3.  Section 691.030(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The board may transport a body or anatomical specimen to
  an authorized recipient in another state if the board 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 his body in compliance with
  Section 691.028 and at the time of the donation authorized the board
  to transport the body outside this state; or
               (2)  the body was donated in compliance with Chapter
  692A [692 (Texas Anatomical Gift Act)] and the person authorized to
  make the donation under Section 692A.009 [692.004] authorized the
  board to transport the body outside this state.
         SECTION 4.  Sections 693.002(a)(1), (2), and (4), Health and
  Safety Code, are amended to read as follows:
               (1)  On a request from an [a qualified] organ
  procurement organization, as defined by [in] Section 692A.002
  [692.002], the medical examiner, justice of the peace, county
  judge, or physician designated by the justice of the peace or county
  judge may permit the removal of organs from a decedent who died
  under circumstances requiring an inquest by the medical examiner,
  justice of the peace, or county judge if consent is obtained
  pursuant to Sections 692A.005 through 692A.010 or Section 693.003.
               (2)  If no autopsy is required, the organs to be
  transplanted shall be released in a timely manner to the
  [qualified] organ procurement organization, as defined by [in]
  Section 692A.002 [692.002], for removal and transplantation.
               (4)  If the medical examiner is considering withholding
  one or more organs of a potential donor for any reason, the medical
  examiner shall be present during the removal of the organs. In such
  case, the medical examiner may request a biopsy of those organs or
  deny removal of the anatomical gift. If the medical examiner denies
  removal of the anatomical gift, the medical examiner shall explain
  in writing the reasons for the denial. The medical examiner shall
  provide the explanation to:
                     (A)  the [qualified] organ procurement
  organization; and
                     (B)  any person listed in Section 692A.009
  [693.004] who consented to the removal.
         SECTION 5.  Section 693.002(b), Health and Safety Code, is
  amended to read as follows:
         (b)  On a request from a [qualified] tissue bank [procurement
  organization], as defined by [in] Section 692A.002 [692.002], the
  medical examiner may permit the removal of tissue believed to be
  clinically usable for transplants or other therapy or treatment
  from a decedent who died under circumstances requiring an inquest
  if consent is obtained pursuant to Sections 692A.005 through
  692A.010 or Section 693.003 or, if consent is not required by those
  sections [that section], no objection by a person listed in Section
  692A.009 [693.004] is known by the medical examiner. If the medical
  examiner denies removal of the tissue, the medical examiner shall
  explain in writing the reasons for the denial. The medical examiner
  shall provide the explanation to:
               (1)  the [qualified] tissue bank [procurement
  organization]; and
               (2)  the person listed in Section 692A.009 [693.004]
  who consented to the removal.
         SECTION 6.  Section 693.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 693.003.  CONSENT NOT REQUIRED IN CERTAIN
  CIRCUMSTANCES.  [(a)   A medical examiner or a person acting on the
  authority of a medical examiner may not remove a visceral organ
  unless the medical examiner or person obtains the consent of a
  person listed in Section 693.004.
         [(b)     If a person listed in Section 693.004 is known and
  available within four hours after death is pronounced, a medical
  examiner or a person acting on the authority of a medical examiner
  may not remove a nonvisceral organ or tissue unless the medical
  examiner or person obtains that person's consent.
         [(c)]  If a person listed in Section 692A.009 [693.004]
  cannot be identified and contacted within four hours after death is
  pronounced and the county court [medical examiner] determines that
  no reasonable likelihood exists that a person can be identified and
  contacted during the four-hour period, the county court [medical
  examiner] may permit the removal of a nonvisceral organ or tissue.
         SECTION 7.  Section 693.005, Health and Safety Code, is
  amended to read as follows:
         Sec. 693.005.  IMMUNITY FROM DAMAGES IN CIVIL ACTION. In a
  civil action brought by a person listed in Section 692A.009
  [693.004] who did not object before the removal of tissue or a body
  part specified by Section 693.002, a medical examiner, justice of
  the peace, county judge, medical facility, physician acting on
  permission of a medical examiner, justice of the peace, or county
  judge, or person assisting a physician is not liable for damages on
  a theory of civil recovery based on a contention that the
  plaintiff's consent was required before the body part or tissue
  could be removed.
         SECTION 8.  Section 693.006, Health and Safety Code, is
  amended to read as follows:
         Sec. 693.006.  REMOVAL OF CORNEAL TISSUE.  On a request from
  an eye bank, as defined in Section 692A.002 [692.002], the medical
  examiner, justice of the peace, county judge, or physician
  designated by the justice of the peace or county judge may permit
  the removal of corneal tissue subject to the same provisions that
  apply to removal of a visceral organ on the request of a [an organ]
  procurement organization under this subchapter. The provisions of
  Chapter 692A [this subchapter] relating to immunity and consent
  apply to the removal of the corneal tissue.
         SECTION 9.  Sections 521.401(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  The statement of gift may be shown on a donor's driver's
  license or personal identification certificate or by a card
  designed to be carried by the donor to evidence the donor's
  intentions with respect to organ, tissue, and eye donation. A donor
  card signed by the donor shall be given effect as if executed
  pursuant to Section 692A.005 [692.003(d)], Health and Safety Code.
         (c)  Donor cards shall be provided to the department by
  [qualified] organ [or tissue] procurement organizations, tissue
  banks, or eye banks, as those terms are defined in Section 692A.002
  [692.002], Health and Safety Code, or by the Glenda Dawson Donate
  Life-Texas [Donor Education, Awareness, and] Registry [Program of
  Texas] established under Chapter 692A [49], Health and Safety Code.
  The department shall:
               (1)  provide to each applicant for the issuance of an
  original, renewal, corrected, or duplicate driver's license or
  personal identification certificate who applies in person, by mail,
  over the Internet, or by other electronic means:
                     (A)  the opportunity to indicate on the person's
  driver's license or personal identification certificate that the
  person is willing to make an anatomical gift, in the event of death,
  in accordance with Section 692A.005 [692.003], Health and Safety
  Code; and
                     (B)  an opportunity for the person to consent in
  writing to the department's provision of the person's name, date of
  birth, driver's license number, most recent address, and other
  information needed for identification purposes at the time of
  donation to the organization selected by the commissioner of state
  health services under Section 692A.020 [Chapter 49], Health and
  Safety Code, for inclusion in the statewide Internet-based registry
  of organ, tissue, and eye donors and for release to procurement 
  [qualified organ, tissue, and eye bank] organizations; and
               (2)  provide a means to distribute donor cards to
  interested individuals in each office authorized to issue driver's
  licenses or personal identification certificates.
         SECTION 10.  Section 651.407(f), Occupations Code, is
  amended to read as follows:
         (f)  This section does not apply to a dead human body
  obtained by a school or college of mortuary science under Chapter
  691 or 692A [692], Health and Safety Code.
         SECTION 11.  The following provisions are repealed:
               (1)  Chapter 49, Health and Safety Code;
               (2)  Chapter 692, Health and Safety Code;
               (3)  Section 693.004, Health and Safety Code;
               (4)  Section 521.403, Transportation Code; and
               (5)  Section 521.404, Transportation Code.
         SECTION 12.  Notwithstanding the repeal of Chapter 49,
  Health and Safety Code, by this Act, the Glenda Dawson Donate
  Life-Texas Registry described by that chapter is continued in
  effect in accordance with Chapter 692A, Health and Safety Code, as
  added by this Act.
         SECTION 13.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2027 was passed by the House on April
  23, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2027 on May 18, 2009, by the following vote:  Yeas 142, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2027 was passed by the Senate, with
  amendments, on May 15, 2009, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor