By: Parker, et al. S.B. No. 2721     A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of persons who provide   services in relation to the deceased; increasing a criminal   penalty; creating a criminal offense; authorizing an   administrative penalty; expanding the application of a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 691.001, Health and Safety Code, is   amended by amending Subdivisions (1-a), (2), and (6) and adding   Subdivisions (1-b), (4-a), and (4-b) to read as follows:                (1-a)  "Anatomical facility" means a facility in this   state inspected and approved by the commission under Section   691.034 that does not operate as a willed body program [or a   non-transplant anatomical donation organization].                (1-b)  "Anatomical specimen" means a part of a human   corpse used for an educational or research purpose.                (2)  "Body" means the intact corporeal remains of a   human [corpse].                (4-a)  "Donee" means a willed body program, forensic   science program, or search and rescue organization or recovery team   that holds a license issued by the commission authorizing the   program, organization, or team to receive bodies or anatomical   specimens donated for research or education.                (4-b)  "Institution of higher education" and "private   or independent institution of higher education" have the meanings   assigned by Section 61.003, Education Code.                (6)  "Willed body program" means a program operated at   an institution of higher education or private or independent   institution of higher education in this state that holds a license   issued by the commission under this chapter and allows a living   individual to donate an [the] individual's body or anatomical   specimen for educational or research purposes.          SECTION 2.  Sections 691.002(a) and (b), Health and Safety   Code, are amended to read as follows:          (a)  The State Anatomical Advisory Committee is established   to advise and provide expertise to the commission on matters   related to the regulation and operation of donees [willed body   programs, non-transplant anatomical donation organizations,] and   anatomical facilities in this state.          (b)  The advisory committee is composed of seven members   appointed by the commission [as follows:                [(1)  two members who represent institutions of higher   education that operate willed body programs;                [(2)  two members who represent non-transplant   anatomical donation organizations;                [(3)  two members who represent anatomical facilities;   and                [(4)  one public member].  Advisory committee members   must have experience and knowledge in the donation and use of whole   bodies and anatomical specimens for education and research.           SECTION 3.  Subchapter A, Chapter 691, Health and Safety   Code, is amended by adding Sections 691.003 and 691.004 to read as   follows:          Sec. 691.003.  ENFORCEMENT. Each donee is subject to   regulation, including investigations and enforcement, under this   chapter.          Sec. 691.004.  PROHIBITED ACTIVITIES; CRIMINAL OFFENSE;   ADMINISTRATIVE PENALTY.  (a) A person, other than a donee licensed   by the commission, may not solicit, retrieve, preserve, transport,   distribute, acquire, process, store, or arrange storage of a whole   human body, anatomical specimen, or other non-transplant   anatomical part for education, research, or another activity the   commission has not authorized.          (a-1)  Subsection (a) does not apply to a third party solely   providing a service, including transportation, at the direction of   a licensed donee in accordance with this chapter.           (b)  A person commits an offense if the person knowingly   violates Subsection (a). An offense under this section is a state   jail felony.          (c)  The commission by rule may impose an administrative   penalty for a violation of this section.  The amount of the   administrative penalty may not exceed $5,000 for each violation.     Each day a violation continues or occurs is a separate violation for   purposes of imposing a penalty.  A proceeding to impose an   administrative penalty under this subsection is a contested case   under Chapter 2001, Government Code.          SECTION 4.  Sections 691.010(b) and (c), Health and Safety   Code, are amended to read as follows:          (b)  The commission by rule shall establish methods by which   service recipients can be notified of the name, mailing address,   and telephone number of the commission for the purpose of directing   complaints to the commission.  The commission may provide for that   notification by including the information on each written contract   relating to bodies willed or donated to an entity licensed or   regulated by the commission or otherwise authorized by the   commission to receive bodies or anatomical specimens.          (c)  The commission shall keep an information file about each   complaint filed with the commission relating to its functions under   this chapter.  If a written complaint is filed with the commission   relating to a person or an entity licensed or regulated by the   commission under this chapter, the commission shall periodically   notify the parties to the complaint of the status of the complaint   until final disposition unless notice would jeopardize an   undercover investigation.          SECTION 5.  Section 691.011, Health and Safety Code, is   amended to read as follows:          Sec. 691.011.  RECORDS.  (a) The commission shall issue a   unique identification number and maintain [keep] identification   records of each:                (1)  body or anatomical specimen donated to a donee;   [the commission] and                (2)  [of each] body or anatomical specimen distributed   by a donee [the commission].          (b)  The commission, in consultation with the advisory   committee, by rule shall develop a form for a donee to document the   donation or transfer of a body or anatomical specimen.          SECTION 6.  Section 691.012, Health and Safety Code, is   amended to read as follows:          Sec. 691.012.  FEES.  [(a)]  The commission, in consultation   with the advisory committee, by rule may set and collect fees in   amounts reasonable and necessary to cover the cost of administering   this chapter, including fees for:                (1)  authorizing the receipt and distribution of   [receiving and distributing] bodies and anatomical specimens,   other than temporary custody of a body or anatomical specimen for   another donee;                (2)  conducting inspections and other verification   activities authorized under Section 691.034; and                (3)  licensing donees [registering willed body   programs and non-transplant anatomical donation organizations].          [(b)  A non-transplant anatomical donation organization is   exempt from a fee described by Subsection (a)(1).]          SECTION 7.  Section 691.022, Health and Safety Code, is   amended to read as follows:          Sec. 691.022.  GENERAL DUTIES.  (a)  The commission shall   authorize a person or entity to receive [distribute] bodies and   anatomical specimens and to distribute bodies and specimens to   persons authorized to receive a body or specimen under this chapter   or Chapter 692A.  [This subsection does not apply to a body or   specimen donated to a registered non-transplant anatomical   donation organization.]          (b)  The commission, in consultation with the advisory   committee, shall adopt rules to ensure that each body and   anatomical specimen is treated with respect while in the custody of   the donee [commission or person authorized to receive the body or   specimen].          (c)  The commission, in consultation with the advisory   committee, shall adopt rules, establish procedures, and prescribe   forms necessary to administer and enforce this chapter, including   rules establishing licensing [registration] and inspection   requirements and procedures.  The commission may issue a reprimand,   assess an administrative penalty, impose other penalties, or refuse   to issue, revoke, suspend, or probate a license [registration] or   other authorization for a violation of this chapter or a commission   rule adopted under this chapter, including a violation related to   an inspection conducted under Section 691.034, in the manner   provided by Chapter 651, Occupations Code.          (d)  The rules adopted under Subsection (c) must:                (1)  require a license applicant to be of good   professional character to be eligible for a license under this   chapter; and                (2)  provide a process for conducting a background   check on each license applicant, including a review of the license   applicant's criminal history record information.          (e)  The commission, in adopting rules under Subsection (c)   and in prescribing other necessary guidelines, shall ensure the   rules and guidelines comply with Chapter 53, Occupations Code.          (f)  A license issued under this chapter is not valid during   the pendency of an appeal of a decision to refuse to renew, suspend,   or revoke the license.          SECTION 8.  The heading to Section 691.023, Health and   Safety Code, is amended to read as follows:          Sec. 691.023.  DUTY REGARDING DELIVERY OF [TO DELIVER]   CERTAIN BODIES [TO COMMISSION].          SECTION 9.  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 commission or the commission'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 commission or the commission's representative   provides to the person written notice of the notification   requirement; and                (2)  deliver the body in accordance with the direction   of the commission[; and                [(3)  allow the commission, the commission's   representative, or a physician designated by the commission who   complies with this chapter to remove the body to be used for the   advancement of medical or forensic science].          SECTION 10.  Subchapter B, Chapter 691, Health and Safety   Code, is amended by adding Section 691.0235 to read as follows:          Sec. 691.0235.  PROHIBITED DONATION OF CERTAIN BODIES;   LIMITED EXCEPTION FOR APPROVED EDUCATION AND RESEARCH.  (a)     Notwithstanding any other provision of this chapter except   Subsections (b) and (c), a person is prohibited from donating a body   not claimed for burial or a body required to be buried at public   expense to another person for any reason.          (b)  A donor, by will or other written instrument in   accordance with Section 691.028, may donate a donor's body to a   donee licensed by the commission for use in education or research   that is:                (1)  conducted by an accredited medical, dental, health   sciences, or forensic science training program supervised by   professionals in educational environments in which knowledge,   skills, and competencies are imparted in accordance with   accrediting standards;                (2)  designed to expand knowledge within one of the   fields listed in Subdivision (1); and                (3)  for research use, formally approved by a   recognized institutional review board or an equivalent ethical   oversight body.          (c)  A person who is authorized to claim a decedent's body   for burial under Section 691.024 may provide informed consent for   the body to be donated to a donee licensed by the commission for use   in education or research described by Subsection (b).          (d)  The commission shall adopt rules necessary to implement   this section.          SECTION 11.  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 commissioners court of the   county in which the traveler died [commission] shall [direct the   institution or other person receiving the body to] retain the body   until the earlier of [for] six months or the date the body is   identified and claimed [for purposes of identification].          SECTION 12.  The heading to Section 691.028, Health and   Safety Code, is amended to read as follows:          Sec. 691.028.  DONATION OF BODY OR ANATOMICAL SPECIMEN BY   WRITTEN INSTRUMENT.          SECTION 13.  Sections 691.028(a), (b), (b-1), and (c),   Health and Safety Code, are amended to read as follows:          (a)  An adult living in this state who is of sound mind may   donate the adult's body or anatomical specimen by will or other   written instrument to a [the commission, a willed body program of a   medical or dental school, a non-transplant anatomical donation   organization, or another] donee in this state as authorized by the   commission to be used for a purpose authorized by this chapter [the   advancement of medical or forensic science].          (b)  A donation is not [To be] effective under Subsection (a)   unless[,] the donor provides written [must provide] informed   consent by signing a form prescribed by the commission in the   presence of two adult witnesses [the will or other written   instrument and it must be witnessed by two adults].  The form [donor   is not required to use a particular form or particular words in   making the donation, but the will or other instrument] must clearly   convey:                (1)  the donor's intent; and                (2)  the donor's acknowledgment that the donor was   informed about:                      (A)  the consequences of the donation before   providing consent;                      (B)  the use the donee plans for the donated body   or anatomical specimen, which must comply with this chapter and   commission rules [parts]; and                      (C)  if applicable, [any body part and] the   condition in which the body or anatomical specimen [part] will be   returned to the person designated by the donor.          (b-1)  For purposes of Subsection (b), the donor must be   informed in writing about the information described by Subsection   (b)(2) in a clear manner on a single piece of paper that is 8-1/2 by   11 inches with 14-point type.  The commission, in consultation with   the advisory committee, by rule shall design and adopt a form that   complies with this subsection that donees [willed body programs and   non-transplant anatomical donation organizations] must use.          (c)  Appointment of an administrator or executor or   acquisition of a court order is not necessary before the body or   anatomical specimen may be delivered under this chapter.          SECTION 14.  Subchapter B, Chapter 691, Health and Safety   Code, is amended by adding Section 691.0281 to read as follows:          Sec. 691.0281.  DONATION OF BODY OR ANATOMICAL SPECIMEN   AFTER DONOR'S DEATH.  (a)  Any member of the following classes of   persons who is reasonably available, in the order of priority   listed, may donate the donor's body or anatomical specimen to a   donee specified in Section 691.030 for a purpose authorized by this   chapter, unless the donor or the donor's agent made a donation under   Section 691.028, the donor indicated before death the donor did not   want the donor's body donated, or an anatomical gift has been made   in accordance with Section 692A.009:                (1)  an agent of the donor at the time of death who   could have donated the donor's body or anatomical specimen under   Section 691.028;                (2)  the donor's spouse;                (3)  adult children of the donor;                (4)  parents of the donor;                (5)  adult siblings of the donor;                (6)  adult grandchildren of the donor;                (7)  grandparents of the donor; and                (8)  the persons who were acting as legal guardians of   the donor at the time of the donor's death.          (b)  If more than one member of a class listed in Subsection   (a)(1), (3), (4), (5), (6), (7), or (8) is entitled to donate the   donor's body or anatomical specimen, a member of that class may make   the donation unless that member or the donee representative   coordinating the donation has actual knowledge of an objection by   another member of the class.  If an objection is known, the donation   may be made only by a majority of the members of the class who are   reasonably available.          (c)  A person may not make a donation if, at the time of the   donor's death, a person in a class with higher priority under   Subsection (a) is reasonably available to make or to object to the   donation.          (d)  A donation is not effective under Subsection (a) unless   the person authorized to donate the donor's body or anatomical   specimen under this section provides written informed consent by   signing a form prescribed by the commission in the presence of two   adult witnesses.  The form must clearly convey:                (1)  the person's intent; and                (2)  the person's acknowledgment that the person was   informed about:                      (A)  the consequences of the donation before   providing consent;                      (B)  the use the donee plans for the donated body   or anatomical specimen, which must comply with this chapter and   commission rules; and                      (C)  if applicable, the condition in which the   body or anatomical specimen will be returned to the person.          (e)  For purposes of Subsection (d), the person authorized to   donate the donor's body or anatomical specimen under this section   must be informed in writing about the information described by   Subsection (d)(2) in a clear manner on a single piece of paper that   is 8-1/2 by 11 inches with 14-point type.  The commission, in   consultation with the advisory committee, by rule shall design and   adopt a form that complies with this subsection that donees must   use.          (f)  A donation under this section may be revoked orally or   in writing by any member of a class with higher priority under   Subsection (a) who is reasonably available.  If more than one member   of the class with higher priority is reasonably available, the   donation may be revoked only if a majority of the reasonably   available members agree to the revocation or if the reasonably   available members are equally divided as to whether to revoke the   donation.          (g)  A revocation under Subsection (f) is effective only   before completion of the donation and the donee's acceptance of the   body or anatomical specimen.          SECTION 15.  The heading to Section 691.030, Health and   Safety Code, is amended to read as follows:          Sec. 691.030.  RECEIPT AND DISTRIBUTION OF DONATIONS OF    [COMMISSION'S AUTHORITY TO DISTRIBUTE] BODIES AND ANATOMICAL   SPECIMENS.          SECTION 16.  Section 691.030(a), Health and Safety Code, is   amended to read as follows:          (a)  A person may donate a body or anatomical specimen to the   following individuals or entities named in a will or other written   instrument [The commission or the commission's representative   shall distribute bodies donated to it and may redistribute bodies   donated to medical or dental schools or other donees authorized by   the commission to]:                (1)  willed body programs of accredited schools and   colleges [of chiropractic, osteopathy, medicine, or dentistry]   incorporated in this state;                (2)  forensic science programs at general academic   teaching institutions or private or independent institutions of   higher education, as defined by Section 61.003, Education Code;                (3)  search and rescue organizations or recovery teams   that are recognized by the commission[, 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)  physicians licensed to practice medicine in this   state;                (5)  anatomical facilities; and                (6)  other donees [persons as provided by this   section].          SECTION 17.  Section 691.031, Health and Safety Code, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  The commission in consultation with the advisory   committee shall adopt rules to enforce the documentation and   labeling requirements of this section for each body or anatomical   specimen received or distributed under this chapter.          SECTION 18.  Section 691.032, Health and Safety Code, is   amended to read as follows:          Sec. 691.032.  COSTS OF DISTRIBUTION.  A person or   institution receiving a body or anatomical specimen distributed   under this chapter shall pay the costs associated with the   distribution in a manner specified by the donee providing    [commission, or as otherwise agreed on, all costs incurred in   distributing] the body or anatomical specimen [so that the state, a   county, a municipality, or an officer, employee, or representative   of the state, a county, or a municipality does not incur any   expense].          SECTION 19.  Section 691.033, Health and Safety Code, is   amended to read as follows:          Sec. 691.033.  USE OF BODIES AND ANATOMICAL SPECIMENS.  (a)     To further medical or forensic science, a donee [willed body   program, non-transplant anatomical donation organization],   anatomical facility, or other person designated by the commission   may use, dissect, operate on, examine, and experiment on a body or   anatomical specimen received or distributed under this chapter.          (b)  A donee, anatomical facility, [willed body program,   non-transplant anatomical donation organization,] or other person   shall keep a permanent record of each body or anatomical specimen   received [from the commission or the commission's representative].     The record:                (1)  must be sufficient to identify the body or   anatomical specimen;                (2)  must track the body or anatomical specimen from   intake to final disposition; and                (3)  may be inspected by the commission or the   commission's representative.          (c)  A law relating to the prevention of mutilation of a body   does not apply to the use of a body or anatomical specimen 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, as   soon as possible after a person or institution becomes aware of the   possible abuse of a corpse, the person or institution shall report   the facts, as known, to the commission [shall adopt rules that   clearly state the activities that are authorized by the commission   in relation to the use or dissection of a body].          (e)  Subject to Subsection (f), a donee or anatomical   facility may provide for the final disposition of a body   distributed under this chapter.          (f)  A donee or anatomical facility shall return a donor's   remains after use to any person designated by the donor in   accordance with the donor agreement.          SECTION 20.  Section 691.034, Health and Safety Code, is   amended to read as follows:          Sec. 691.034.  LICENSING AND REGULATION [AND REGISTRATION]   OF PERSONS AND INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS.     (a)  A donee [willed body program or non-transplant anatomical   donation organization] may not operate in this state unless the   donee holds a license issued by [program or organization registers   with] the commission in the form and manner prescribed by the   commission.          (a-1)  [To be eligible for registration under this section, a   non-transplant anatomical donation organization must be accredited   by the American Association of Tissue Banks under the association's   Standards for Non-Transplant Anatomical Donation.  The commission   may issue conditional registration to a non-transplant anatomical   donation organization that is not yet accredited.          [(a-2)]  The commission may license donees [shall inspect   and may approve willed body programs] and anatomical facilities for   the receipt and use of bodies and anatomical specimens under this   chapter.  The commission shall inspect donees and anatomical   facilities at least once every three years to ensure the donees and   facilities maintain appropriate facilities for receiving, holding,   and disposing of bodies and anatomical specimens in accordance with   this chapter.  The commission may conduct unannounced inspections   of donees and anatomical facilities.          (a-2) [(a-3)]  The commission shall establish a process to   periodically verify a donee's or anatomical facility's [a   non-transplant anatomical donation organization's] compliance with   applicable state laws and regulations [the Standards for   Non-Transplant Anatomical Donation published by the American   Association of Tissue Banks.  The process:                [(1)  may authorize the commission to inspect a   non-transplant anatomical donation organization; and                [(2)  may not:                      [(A)  be duplicative of the accreditation process   described by Subsection (a-1); or                      [(B)  occur more frequently than once every five   years].          (b)  The commission may investigate or inspect a donee   [willed body program, non-transplant anatomical donation   organization], anatomical facility, or other person if the   commission has reason to believe that the donee [program,   organization], facility, or person has improperly used a body or   anatomical specimen in violation of this chapter.          [(b-1)  The commission may inspect a non-transplant   anatomical donation organization as part of an investigation   described by Subsection (b).]          (c)  The commission shall [may] suspend or revoke a donee's   [willed body program's, non-transplant anatomical donation   organization's], anatomical facility's, or other person's license   [registration] or other authorization to receive and use or dissect   bodies or anatomical specimens if the commission determines that   the donee [program, organization], facility, or person has   improperly used a body or anatomical specimen in violation of this   chapter.          (d)  The commission may refuse to issue a license or refuse   to grant other authorization to receive and use or dissect bodies or   anatomical specimens if the commission determines the applicant for   the license or other authorization improperly used a body or   anatomical specimen in violation of this chapter or failed to meet   any eligibility requirements established under a rule adopted under   this chapter [A willed body program, non-transplant anatomical   donation organization, anatomical facility, or other person is   entitled to a hearing before the commission or a hearing examiner   appointed by the commission before the commission may revoke the   program's, organization's, facility's, or person's registration or   other authorization to receive and use or dissect bodies or   anatomical specimens.  The commission shall make all final   decisions to suspend or revoke an authorization].          (e)  A license or other authorization to receive and use or   dissect bodies or anatomical specimens is not valid during the   pendency of an appeal of a decision to refuse to renew, suspend, or   revoke the license or other authorization under Subsection (c) [A   registered non-transplant anatomical donation organization must   inform the commission within the time prescribed by commission rule   if the organization loses its accreditation with the American   Association of Tissue Banks].          (f)  In consultation with the advisory committee, the   commission shall review and approve applications for persons   located in other states to receive whole bodies, anatomical   specimens, or non-transplant anatomical parts from individuals in   this state.  The commission may withdraw the commission's approval   of a person in another state who applies for approval under this   section.  A person applying for approval under this section must:                (1)  be listed in Section 691.030(a);                (2)  provide proof of accreditation by the applicable   accrediting body; and                (3)  submit to inspection by the commission or by a   local designee of the commission at the cost of the person [A   commission member or holder of any license issued by the commission   may not hold an ownership interest in a registered non-transplant   anatomical donation organization].          [(g)  The commission shall adopt rules and procedures   necessary to administer this section.]          SECTION 21.  Section 691.035(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under this section is a Class B misdemeanor   [punishable by a fine of not less than $100 or more than $500].          SECTION 22.  Subchapter B, Chapter 691, Health and Safety   Code, is amended by adding Sections 691.036 and 691.037 to read as   follows:          Sec. 691.036.  LIMITATION ON LIABILITY. (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   actions if the prerequisites for a donation or transfer of a body or   anatomical specimen are met under the laws applicable at the time   and place the donation or transfer is made.          (b)  A person who acts in accordance with this chapter or   with the applicable laws for donating or transferring bodies or   anatomical specimens to this state from another state, or attempts   in good faith to act in accordance with this chapter and the   applicable laws, is not liable for those actions 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 those actions except in the   case of an act or omission by the person that is intentional,   wilfully or wantonly negligent, or done with conscious indifference   or reckless disregard. For purposes of Section 691.0281, "good   faith" in determining the appropriate person authorized to make a   donation of a body or anatomical specimen 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)  A person making a donation of a body or anatomical   specimen, including the person's estate, is not liable for any   injury or damage that results from the making or use of the   donation.          (e)  In determining whether a donation has been made,   amended, or revoked under this chapter, a person may rely on   representations of an individual listed in Section 691.0281(a)(2),   (3), (4), (5), (6), (7), or (8) relating to the individual's   relationship to the donor unless the person knows the   representation is untrue.          Sec. 691.037.  ANATOMICAL FACILITY STANDARDS.  The   commission shall adopt minimum standards for anatomical facilities   licensed under this chapter.  The standards must require a facility   to:                (1)  meet the applicable building, fire safety, and   health standards imposed by this state, and if located in a   municipality, imposed by the municipality for similar facilities;                (2)  be in a fixed location;                (3)  include a preparation room containing the   equipment and supplies required by commission rule to ensure the   provision of adequate services;                (4)  be designed to ensure security and respectful   treatment of bodies and anatomical specimens and to restrict public   view of and access to bodies and anatomical specimens;                (5)  include other facilities as necessary to comply   with the applicable sanitary codes of:                      (A)  this state; and                      (B)  the municipality in which the facility is   located, if the facility is located in a municipality; and                (6)  include any other construction, health, and safety   provisions the commission determines necessary to protect the   public and donors.          SECTION 23.  Section 692A.002, Health and Safety Code, is   amended by adding Subdivision (3-a) to read as follows:                (3-a)  "Commission" means the Texas Funeral Service   Commission.          SECTION 24.  Chapter 692A, Health and Safety Code, is   amended by adding Section 692A.0035 to read as follows:          Sec. 692A.0035.  LICENSE REQUIRED FOR WILLED BODY PROGRAM.     A person may not receive an anatomical gift as part of a willed body   program, as defined by Section 691.001, in this state unless the   program is licensed by the commission.          SECTION 25.  Section 692A.009(a), Health and Safety Code, is   amended to read as follows:          (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 or[,]   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.          SECTION 26.  Section 692A.011(a), Health and Safety Code, is   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 to a person who holds a license issued   by the commission [coordinated through the Texas Funeral Service   Commission];                (5)  a forensic science program licensed by the   commission 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;                (6)  a search and rescue organization or recovery team   that is recognized and authorized by the commission [Texas Funeral   Service Commission], 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)  a licensed willed body program [the Texas Funeral   Service Commission; or                [(8)  a non-transplant anatomical donation   organization].          SECTION 27.  Section 711.002, Health and Safety Code, is   amended by amending Subsection (k) and adding Subsection (k-1) to   read as follows:          (k)  Any dispute among any of the persons listed in   Subsection (a) concerning their right to control the disposition,   including cremation, of a decedent's remains shall be resolved by a   court with jurisdiction over probate proceedings for the decedent,   regardless of whether a probate proceeding has been initiated.          (k-1)  A cemetery organization or funeral establishment that   is aware of a dispute described by Subsection (k) is [shall] not   [be] liable for refusing to accept the decedent's remains, or to   inter or otherwise dispose of the decedent's remains, until it   receives a court order or other suitable confirmation that the   dispute has been resolved or settled. A cemetery organization or   funeral establishment that is unaware of a dispute described by   Subsection (k) is not liable for disposing of the decedent's   remains if the organization or establishment:                (1)  reasonably relies in good faith on the   representations of a person who states in writing that the person is   entitled to control the disposition of the decedent's remains;                (2)  disposes of the decedent's remains in accordance   with the written directions of the person described by Subdivision   (1); and                (3)  is unaware, after inquiring of the person   described by Subdivision (1), of another person who is listed in a   priority before the person described by Subdivision (1).          SECTION 28.  Section 651.005, Occupations Code, is amended   to read as follows:          Sec. 651.005.  REGULATION OF WILLED BODY PROGRAMS[,   NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS,] AND ANATOMICAL   FACILITIES. The commission shall regulate willed body programs[,   non-transplant anatomical donation organizations,] and anatomical   facilities as provided by Chapter 691, Health and Safety Code, and   in accordance with the powers and duties granted by this chapter to   the extent necessary to regulate the programs[, organizations,] and   facilities under that chapter.          SECTION 29.  Section 651.202, Occupations Code, is amended   by adding Subsection (g) to read as follows:          (g)  Notwithstanding any other provision of this section, a   commission employee may dismiss a complaint without further   investigation under Subsection (c) if:                (1)  the subject matter of the complaint is a funeral   service provided under a contract with a license holder and the   complainant is not:                      (A)  a party to the contract; or                      (B)  the person entitled under Section   711.002(a), Health and Safety Code, to control the disposition of   the remains of the decedent to whom the service relates; or                (2)  regardless of the subject matter of the complaint,   the complaint is not accompanied by substantial evidence of a   violation of a statute administered by the commission.          SECTION 30.  Subchapter I, Chapter 651, Occupations Code, is   amended by adding Section 651.411 to read as follows:          Sec. 651.411.  SCOPE OF SERVICE INVOLVING CERTAIN ANATOMICAL   GIFTS. The commission by rule may prescribe the minimum   requirements for a licensed funeral establishment to provide a   service in relation to an anatomical gift made under Chapter 691 or   692A, Health and Safety Code, that is not intended for   transplantation, including requirements for the storage or   transportation of the anatomical gift.          SECTION 31.  Section 411.12507(a), Government Code, is   amended to read as follows:          (a)  The Texas Funeral Service Commission is entitled to   obtain criminal history record information as provided by   Subsection (b) that relates to:                (1)  a person who is:                      (A)  an applicant for a license or certificate   under Sections 651.259 and 651.302, Occupations Code; or                      (B)  the holder of a license or certificate under   Chapter 651, Occupations Code;                (2)  an applicant for a license or a license holder   under Chapter 691 or 692A, Health and Safety Code, or Chapter 651,   Occupations Code;                (3)  an applicant for employment at or current employee   of the Texas Funeral Service Commission; or                (4)  a person authorized to access vital records or the   vital records electronic registration system under Chapter 191,   Health and Safety Code, or a funeral director.          SECTION 32.  The following provisions of the Health and   Safety Code are repealed:                (1)  Sections 691.001(3) and (5);                (2)  Sections 691.025(c) and (d);                (3)  Section 691.029;                (4)  Sections 691.030(b), (c), (d), and (e); and                (5)  Section 692A.011(b).          SECTION 33.  The changes in law made by this Act to Section   691.028, Health and Safety Code, as amended by this Act, apply to   the donation of a body or anatomical specimen by will or other   written instrument executed after the effective date of this Act.     The donation of a body or anatomical specimen by will or other   written instrument that is executed before the effective date of   this Act is governed by the law as it existed immediately before   that date, and that law is continued in effect for that purpose.          SECTION 34.  (a) As soon as practicable after the effective   date of this Act, the Texas Funeral Service Commission shall adopt   rules necessary to implement Chapters 691 and 692A, Health and   Safety Code, and Chapter 651, Occupations Code, as amended by this   Act.          (b)  Not later than March 1, 2026, the Texas Funeral Service   Commission shall adopt rules to implement Section 691.004, Health   and Safety Code, as added by this Act.          SECTION 35.  This Act takes effect September 1, 2025.