85R1000 JSC-D     By: Howard H.B. No. 227       A BILL TO BE ENTITLED   AN ACT   relating to donation of HIV-infected organs, eyes, and tissue to   individuals infected with HIV.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 692A, Health and Safety Code, is amended   by adding Section 692A.0155 to read as follows:          Sec. 692A.0155.  ANATOMICAL GIFTS BY HIV-POSITIVE PATIENT.   (a)  Subject to federal regulation and rules adopted under this   section, a donor or other person authorized to make an anatomical   gift for the purpose of transplantation or therapy may make a gift   of an organ, an eye, or tissue of a donor who tests positive for   human immunodeficiency virus.          (b)  An anatomical gift made under Subsection (a) may be used   only for transplantation into or therapy for a patient who tests   positive for human immunodeficiency virus.          (c)  The department shall develop and prepare written   materials to inform a patient or person authorized to consent for a   patient of the nature, consequences, and risks of receiving an   organ, an eye, or tissue for transplantation or therapy from a donor   who is infected with human immunodeficiency virus. The written   materials must include a form to be signed by the patient or person   authorized to consent for the patient indicating that the materials   have been explained to the patient or person and that the patient or   person understands the nature, consequences, and risks of the   patient receiving an anatomical gift that is infected with the   human immunodeficiency virus.          (d)  A physician or health care provider shall obtain   informed consent under this section before performing a transplant   or therapy authorized by this section.          (e)  A physician or other health care provider who uses an   anatomical gift from a donor infected with human immunodeficiency   virus for transplantation into or therapy for a patient who tests   positive for the human immunodeficiency virus is not subject to   criminal, civil, or administrative penalties solely on the basis   that the organ, eye, or tissue was obtained from an infected donor.          (f)  The Texas Medical Board and the executive commissioner   of the Health and Human Services Commission shall jointly adopt   rules to implement this section.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.