89R4836 EAS-D     By: Kolkhorst S.B. No. 1973       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of human body acquisition services and   authorized recipients.          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 692B to read as follows:   CHAPTER 692B. HUMAN BODY ACQUISITION SERVICES AND AUTHORIZED   RECIPIENTS          Sec. 692B.001.  DEFINITIONS. In this chapter:                (1)  "Authorized recipient" means a person or facility   located in this state that in accordance with state law and the   rules adopted under this chapter obtains a whole body, body   segment, part, or nontransplant anatomical part from a human body   acquisition service or the commission.                (2)  "Body" means the intact corporeal remains of a   human.                (3)  "Body segment" means a portion of a whole body   detached for purposes of study, evaluation, education, or research   and composed of contiguous mixed tissues with relationships altered   only at the segment boundaries.                (4)  "Commission" means the Texas Funeral Service   Commission.                (5)  "Department" means the Department of State Health   Services.                (6)  "Human body acquisition service" means a person or   facility that solicits, retrieves, performs donor selection on,   preserves, transports, allocates, distributes, acquires,   processes, stores, or arranges storage for whole bodies, body   segments, parts, or nontransplant anatomical parts, solely for   education or research purposes.                (7)  "Nontransplant anatomical part" means a part   donated for a purpose other than transplantation.                (8)  "Part" has the meaning assigned by Section   692A.002.          Sec. 692B.002.  RULES. To protect the public health,   safety, and welfare, the commission, in consultation with the   department, shall adopt the rules necessary to implement and   enforce this chapter.          Sec. 692B.003.  INFORMED CONSENT REQUIRED. (a) A human body   acquisition service may accept a donation of a whole body, body   segment, part, or nontransplant anatomical part only if the service   obtains documented informed consent to the donation from a person   authorized to consent to the donation in accordance with Chapter   692A.          (b)  The informed consent document for a donation governed by   this chapter must:                (1)  identify the authorized recipient of the donation;                (2)  indicate whether the gift is of the whole body or   is limited to specified identifiable body segments, parts, or   nontransplant anatomical parts; and                (3)  clearly specify the authorized uses of the donated   body, segments, or parts.          (c)  Except as provided by Section 692B.004, a human body   acquisition service may only use or transfer a whole body, body   segment, part, or nontransplant anatomical part for a purpose   specified in the informed consent document.          Sec. 692B.004.  PRESUMPTION FOR RECIPIENT OF UNSPECIFIED   DONATION. (a)  Unless specific direction is provided in an informed   consent document for a donation of a whole body, body segment, part,   or nontransplant anatomical part, the donated body, segment, or   part is presumed to be donated to the commission or a person or   facility included on the commission's list of authorized recipients   under Section 692B.006(c).          (b)  The commission or a person or facility included on the   commission's list of authorized recipients under Section   692B.006(c) may transfer or authorize the transfer of the whole   body, body segment, part, or nontransplant anatomical part to   another person authorized to receive an anatomical gift under   Chapter 691 or 692A for purposes of:                (1)  medical or dental education;                (2)  medical or dental research; or                (3)  the advancement of medical or dental science,   therapy, or transplantation.          Sec. 692B.005.  RETRIEVAL AND ACQUISITION OF NONTRANSPLANT   ANATOMICAL PARTS. A nontransplant anatomical part may be retrieved   only on the premises of:                (1)  a hospital licensed under Chapter 241; or                (2)  a human body acquisition service.          Sec. 692B.006.  RULES. (a) The commission by rule, and in   consultation with the department, shall establish eligibility   criteria for a person or facility to qualify as an authorized   recipient to receive a whole body, body segment, part, or   nontransplant anatomical part under this chapter.          (b)  The rules adopted under Subsection (a) must prohibit the   transfer of a whole body, body segment, part, or nontransplant   anatomical part to:                (1)  a person or facility located in a country for which   coverage is prohibited under Section 1380.003, Insurance Code;                (2)  a business entity, as defined by Section 572.002,   Government Code; or                (3)  a person or facility that charges an admission fee   to allow members of the public to view a whole body, body segment,   part, or nontransplant anatomical part.          (c)  The commission shall publish and maintain a list of   persons and facilities that satisfy the eligibility criteria under   Subsection (a) on the commission's Internet website.          (d)  The commission shall conduct a random audit of persons   and facilities that receive a whole body, body segment, part, or   nontransplant anatomical part under this chapter to ensure the   religious or sincerely held beliefs of the deceased individual   whose whole body, body segment, part, or nontransplant anatomical   part the institution receives are honored during each step of the   human body acquisition process, if those beliefs are known to the   commission.          Sec. 692B.007.  REPORT. On request, a human body   acquisition service or authorized recipient shall submit to the   commission reports on the service's or recipient's activities as   may be required by this chapter or commission rule. The director of   the human body acquisition service or authorized recipient shall   sign each report.          Sec. 692B.008.  ENFORCEMENT AND PENALTIES. (a) Each human   body acquisition service and authorized recipient is subject to   regulation, including investigations and enforcement, under   Chapter 691.          (b)  A person who violates this chapter is subject to the   enforcement and penalties authorized under Chapter 691 as if the   person violated or failed to perform a duty imposed under that   chapter.          SECTION 2.  Chapter 692B, Health and Safety Code, as added by   this Act, applies only to conduct that is subject to regulation,   enforcement, and penalties under that chapter that occurs on or   after the effective date of this Act. Conduct that occurs before   that date is governed by the law in effect on the date the conduct   occurred, and the former law is continued in effect for that   purpose.          SECTION 3.  This Act takes effect September 1, 2025.