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A BILL TO BE ENTITLED
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AN ACT
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relating to the persons authorized to make an anatomical gift. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 692A.009(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Subject to Subsections (b) and (c) and unless barred by |
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Section 692A.007 or Section 692A.008, an anatomical gift of a |
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decedent's body or part for the purpose of transplantation, |
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therapy, research, or education may be made by any member of the |
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following classes of persons who is reasonably available, in the |
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order of priority listed: |
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(1) an agent of the decedent at the time of death who |
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could have made an anatomical gift under Section 692A.004(2) |
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immediately before the decedent's death; |
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(2) the spouse of the decedent; |
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(3) adult children of the decedent; |
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(4) parents of the decedent; |
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(5) adult siblings of the decedent; |
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(6) adult grandchildren of the decedent; |
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(7) grandparents of the decedent; |
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(8) an adult who exhibited special care and concern |
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for the decedent; |
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(9) the persons who were acting as the guardians of the |
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person of the decedent at the time of death; and |
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(10) [the hospital administrator; and
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[(11)] any other person having the authority to |
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dispose of the decedent's body. |
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SECTION 2. Section 692A.009(a), Health and Safety Code, as |
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amended by this Act, applies only to an anatomical gift made on or |
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after the effective date of this Act. An anatomical gift made |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |