S.B. No. 1214
 
 
 
 
AN ACT
  relating to the use of human remains for forensic science
  education, including the training of search and rescue animals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 691.022(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The board shall distribute bodies and anatomical
  specimens to institutions and other persons authorized to receive
  them.
         SECTION 2.  Section 691.0225, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.0225.  INFORMATIONAL DOCUMENT.  The board shall
  develop a document to inform a person making a gift of a decedent's
  body or anatomical specimen for purposes of education, including
  forensic science education, or research of the risks and benefits
  associated with donation.  The board shall make the document
  available on the board's Internet website.
         SECTION 3.  Section 691.023(a), Health and Safety Code, is
  amended to read as follows:
         (a)  An officer, employee, or representative of the state, of
  a political subdivision, or of an institution having charge or
  control of a body not claimed for burial or a body required to be
  buried at public expense shall:
               (1)  notify the board or the board's representative of
  the body's existence when the body comes into the person's
  possession, charge, or control if notified in writing to do so by
  the board or the board's representative;
               (2)  deliver the body in accordance with the direction
  of the board; and
               (3)  allow the board, the board's representative, or a
  physician designated by the board who complies with this chapter to
  remove the body to be used for the advancement of medical or
  forensic science.
         SECTION 4.  Section 691.026, Health and Safety Code, is
  amended to read as follows:
         Sec. 691.026.  BODY OF TRAVELER. If an unclaimed body is the
  body of a traveler who died suddenly, the board shall direct the
  institution or other person receiving the body to retain the body
  for six months for purposes of identification.
         SECTION 5.  Section 691.028(a), Health and Safety Code, is
  amended to read as follows:
         (a)  An adult living in this state who is of sound mind may
  donate the adult's [his] body by will or other written instrument to
  the board, a medical or dental school, or another donee authorized
  by the board, to be used for the advancement of medical or forensic 
  science.
         SECTION 6.  Section 691.030(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The board or the board's representative shall
  distribute bodies donated to it and may redistribute bodies donated
  to medical or dental schools or other donees authorized by the board
  to:
               (1)  schools and colleges of chiropractic, osteopathy,
  medicine, or dentistry incorporated in this state;
               (2)  forensic science programs;
               (3)  search and rescue organizations or recovery teams
  that are recognized by the board, are exempt from federal taxation
  under Section 501(c)(3), Internal Revenue Code of 1986, and use
  human remains detection canines with the authorization of a local
  or county law enforcement agency;
               (4)  [, to] physicians;[,] and
               (5)  [to] other persons as provided by this section.
         SECTION 7.  Sections 691.033(a), (c), and (d), Health and
  Safety Code, are amended to read as follows:
         (a)  To further medical or forensic science, a school,
  college, or person designated by the board may use, dissect,
  operate on, examine, and experiment on a body or anatomical
  specimen distributed under this chapter.
         (c)  A law relating to the prevention of mutilation of a body
  does not apply to the use of a body as authorized under this section
  or a dissection, operation, examination, or experiment performed
  under this section.
         (d)  To aid prosecutions under Section 42.08, Penal Code, the
  board shall adopt rules that clearly state the activities that are
  authorized by the board in relation to the use or dissection of a
  body.
         SECTION 8.  Sections 691.034(a), (c), and (d), Health and
  Safety Code, are amended to read as follows:
         (a)  The board shall inspect and may approve institutions and
  other persons for the receipt and use of bodies and anatomical
  specimens under this chapter.
         (c)  The board may suspend or revoke a person's or
  institution's authorization to receive and use or dissect bodies or
  anatomical specimens if the board determines that the person or
  institution has improperly used a body or anatomical specimen.
         (d)  A person or institution is entitled to a hearing before
  the board or a hearing examiner appointed by the board before the
  board may revoke the person's or institution's authorization to
  receive and use or dissect bodies or anatomical specimens. The
  board shall make all final decisions to suspend or revoke an
  authorization.
         SECTION 9.  Section 692A.002, Health and Safety Code, is
  amended by adding Subdivision (11-a) to read as follows:
               (11-a)  "Education" with respect to the purposes
  authorized by law for making an anatomical gift includes forensic
  science education and related training.
         SECTION 10.  Sections 692A.011(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  An anatomical gift may be made to the following persons
  named in the document of gift:
               (1)  an organ procurement organization to be used for
  transplantation, therapy, research, or education;
               (2)  a hospital to be used for research;
               (3)  subject to Subsection (d), an individual
  designated by the person making the anatomical gift if the
  individual is the recipient of the part;
               (4)  an eye bank or tissue bank, except that use of a
  gift of a whole body must be coordinated through the 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)  a search and rescue organization or recovery team
  that is recognized by the Anatomical Board of the State of Texas, is
  exempt from federal taxation under Section 501(c)(3), Internal
  Revenue Code of 1986, and uses human remains detection canines with
  the authorization of a local or county law enforcement agency; or
               (7)  the Anatomical Board of the State of Texas.
         (b)  Except for donations described by Subsections (a)(1)
  through (6) [(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.
         SECTION 11.  As soon as practicable after the effective date
  of this Act, the Anatomical Board of the State of Texas shall adopt
  the rules necessary to implement the changes in law made by this Act
  to Chapter 691, Health and Safety Code, and Section 692A.011,
  Health and Safety Code.
         SECTION 12.  This Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1214 passed the Senate on
  April 13, 2015, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1214 passed the House on
  May 22, 2015, by the following vote:  Yeas 140, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor