89R31791 JCG/EAS-F     By: Parker, et al. S.B. No. 2721     (Bell of Kaufman)     Substitute the following for S.B. No. 2721:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the deceased, including requirements for donating or   claiming bodies or anatomical specimens, the licensing and   regulation of persons who provide services or conduct education or   research in relation to the deceased, and responsibilities of   political subdivisions for certain bodies after death; creating   criminal offenses; authorizing administrative penalties; requiring   occupational licenses; authorizing fees.          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 691A to read as follows:   CHAPTER 691A.  DONATION OF BODIES AND ANATOMICAL SPECIMENS;   LICENSING OF ANATOMICAL SUPPLIERS AND RESEARCHERS   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 691A.001.  DEFINITIONS. In this chapter:                (1)  "Advisory committee" means the State Anatomical   Advisory Committee established under Subchapter B.                (2)  "Anatomical specimen" means a part of the   corporeal remains of a human that is used for an education or   research purpose.                (3)  "Anatomical supplier" means a person who holds a   license issued under Subchapter E to acquire and distribute bodies   and anatomical specimens to researchers.                (4)  "Body" means the intact corporeal remains of a   human.                (5)  "Commission" means the Texas Funeral Service   Commission.                (6)  "Forensic science program" means an academic   program in forensic anthropology, forensic pathology, or another   similar discipline accredited by a nationally recognized body and   operated by an institution of higher education or private or   independent institution of higher education.                (7)  "Institution of higher education" and "private or   independent institution of higher education" have the meanings   assigned by Section 61.003, Education Code.                (8)  "Political subdivision" includes a municipality,   county, or special purpose district or authority.                (9)  "Researcher" means a person who holds a license   issued under Subchapter F to use a body or anatomical specimen for   education or research purposes.                (10)  "Search and rescue organization or recovery team"    means an organization or team that 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   law enforcement agency, including a sheriff's office.                (11)  "Willed body program" means a program accredited   by a nationally recognized body and operated at an institution of   higher education or private or independent institution of higher   education in this state that allows the donation of an individual's   body or anatomical specimen for education or research purposes.          Sec. 691A.002.  CONFLICT OF LAW.  To the extent of any   conflict between this chapter and Chapter 692A, this chapter   controls.   SUBCHAPTER B.  ADVISORY COMMITTEE          Sec. 691A.051.  ESTABLISHMENT OF ADVISORY COMMITTEE.  The   State Anatomical Advisory Committee is established to advise and   provide expertise to the commission regarding the regulation and   operation of persons licensed under this chapter, including the   donation and use of bodies and anatomical specimens for education   or research purposes.          Sec. 691A.052.  COMPOSITION; QUALIFICATIONS.  (a)  The   advisory committee is composed of five members appointed as   follows:                (1)  one member appointed by the governor;                (2)  two members appointed by the presiding officer of   the commission;                (3)  one member who represents institutions of higher   education or private or independent institutions of higher   education that operate willed body programs, appointed by the   commissioner of the Texas Higher Education Coordinating Board; and                (4)  one member appointed by the executive commissioner   of the Health and Human Services Commission.          (b)  Advisory committee members must have experience and   knowledge in the donation and use of whole bodies and anatomical   specimens for education and research.          (c)  Appointments to the advisory committee shall be made   without regard to the race, creed, sex, religion, or national   origin of the appointees.          Sec. 691A.053.  TERMS; REAPPOINTMENT.  (a) Members of the   advisory committee serve two-year terms.          (b)  An advisory committee member may be reappointed.          Sec. 691A.054.  APPLICABILITY OF OTHER LAW. Sections   2110.002 and 2110.008, Government Code, do not apply to the   advisory committee.          Sec. 691A.055.  RULE PROPOSAL. Subject to Section 691A.102,   the advisory committee may propose rules for the administration and   enforcement of this chapter.   SUBCHAPTER C.  GENERAL POWERS AND DUTIES OF COMMISSION          Sec. 691A.101.  ADMINISTRATION AND ENFORCEMENT. The   commission shall administer and enforce this chapter.          Sec. 691A.102.  RULES.  (a) The commission, in consultation   with the advisory committee, may adopt rules consistent with this   chapter to regulate the acquisition, distribution, use, and   disposition of donated bodies and anatomical specimens, including   rules proposed by the advisory committee under Section 691A.055.          (b)  The commission shall adopt rules prescribing the   procedure by which the advisory committee may propose rules to the   commission.          Sec. 691A.103.  FEES. 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 acquisition and distribution of   bodies and anatomical specimens, other than temporary custody of a   body or anatomical specimen on behalf of an anatomical supplier;                (2)  conducting inspections, audits, and other   verification activities authorized under this chapter; and                (3)  licensing persons under this chapter.          Sec. 691A.104.  BACKGROUND CHECK FOR LICENSE APPLICANT. (a)     The commission by rule shall require a person who applies for a   license under this chapter to submit to a background check,   including a review of the person's criminal history record   information.          (b)  If the applicant is a business or nonprofit entity, the   commission by rule shall require the submission of fingerprints for   purposes of conducting a background check from each individual who:                (1)  has a controlling interest in the entity;                (2)  is an officer or manager of the entity;                (3)  is a member of the board of directors of the   entity; or                (4)  holds a substantial amount of stock or other   similar interest in the entity, as determined by commission rule.          Sec. 691A.105.  UNIQUE IDENTIFIER; RECORDKEEPING.  (a) The   commission by rule shall require a person licensed under this   chapter to:                (1)  subject to Subsection (c), issue a unique   identifier for each body or anatomical specimen donated to or   acquired by the person under this chapter;                (2)  maintain identification records of the body or   anatomical specimen; and                (3)  maintain records documenting the donation and each   transfer, as applicable, of the body or anatomical specimen,   including from whom the license holder acquired the body or   anatomical specimen.          (b)  In adopting rules under this section, the commission   shall develop a method for ensuring that a body or anatomical   specimen is not issued a duplicate identifier, which may include   the use of the license holder's name or other characteristic as part   of the identifier.          (c)  The commission shall maintain copies of records   submitted to the commission under this chapter in a searchable   database.          Sec. 691A.106.  REGULAR INSPECTIONS REQUIRED. (a)  The   commission shall inspect anatomical suppliers and researchers at   least once every three years to ensure the anatomical suppliers and   researchers maintain appropriate facilities in accordance with   this chapter and rules adopted under this chapter for activities   authorized under this chapter with respect to bodies and anatomical   specimens.          (b)  The commission may conduct unannounced inspections of   anatomical suppliers and researchers.          Sec. 691A.107.  AUDITS. The commission may audit the   records of any person licensed under this chapter in connection   with the person's activities under this chapter to ensure   compliance with this chapter and rules adopted under this chapter.          Sec. 691A.108.  OTHER COMPLIANCE PROCEDURES.  The commission   shall establish a process to periodically verify each anatomical   supplier's and researcher's compliance with applicable state laws   and rules.          Sec. 691A.109.  INFORMATIONAL DOCUMENT REGARDING ANATOMICAL   GIFT. The commission shall develop and publish on the commission's   Internet website a document to inform a person making a gift of a   decedent's body or anatomical specimen about the options for   donation authorized under this chapter, including the option to   make decisions regarding the final disposition of the body or   anatomical specimen.          Sec. 691A.110.  APPROVAL FOR EXPORT REQUIRED.  (a)  The   commission shall review and may approve applications for persons   located in other states to receive bodies or anatomical specimens   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.          (b)  A person applying for approval under this section must:                (1)  be a postsecondary educational program accredited   by a nationally recognized accreditation organization acceptable   to the commission;                (2)  provide proof of accreditation by the applicable   accrediting organization; and                (3)  submit to inspection by the commission or by a   local designee of the commission at the person's expense.          (c)  An anatomical supplier may not distribute a body or   anatomical specimen to a person located in another state unless the   person has been approved by the commission under this section to   receive bodies or anatomical specimens.   SUBCHAPTER D.  PUBLIC INTEREST INFORMATION; COMPLAINTS          Sec. 691A.151.  PUBLIC INFORMATION AND PARTICIPATION;   COMPLAINTS. The commission shall prepare information of public   interest describing the functions of the commission under this   chapter and the commission's procedures for receiving and resolving   complaints filed with the commission. The commission shall make   the information available to the appropriate state agencies and   publish the information on the commission's Internet website.          Sec. 691A.152.  COMPLAINTS. (a)  The commission shall   provide to individuals who make an anatomical gift under this   chapter, or who receive services from the commission under this   chapter or from a person licensed under this chapter, the   commission's contact information for filing complaints related to   those services, including the commission's name, mailing address,   and telephone number. The commission may notify individuals by   including the commission's complaint contact information on each   written contract relating to bodies willed or donated to a person   licensed or regulated by the commission.  The commission shall   publish the commission's complaint contact information on the   commission's Internet website.          (b)  The commission shall maintain an information file on   each complaint filed with the commission relating to the   commission's functions under this chapter. If a complaint is filed   with the commission relating to a person licensed 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.          Sec. 691A.153.  PUBLIC COMMENT ON COMMISSION FUNCTIONS. The   commission shall develop and implement policies that provide the   public a reasonable opportunity to appear before the commission and   speak on any issue under the jurisdiction of the commission.   SUBCHAPTER E.  ANATOMICAL SUPPLIER LICENSE; SPECIAL PRACTICE   REQUIREMENTS          Sec. 691A.201.  LICENSE REQUIRED FOR ACQUIRING OR   DISTRIBUTING BODY OR ANATOMICAL SPECIMEN; USE BY ANATOMICAL   SUPPLIER PROHIBITED.  (a)  Except as provided by Section 691A.202, a   person may not:                (1)  acquire a body or anatomical specimen unless the   person holds an anatomical supplier or researcher license issued   under this chapter; or                (2)  distribute a body or anatomical specimen within   this state or to another jurisdiction, regardless of whether the   body or anatomical specimen was acquired within this state or from   another jurisdiction, unless the person:                      (A)  holds an anatomical supplier license issued   under this subchapter; and                      (B)  distributes the body or anatomical specimen   to a researcher or a person approved under Section 691A.110.          (b)  An anatomical supplier may not use a body or anatomical   specimen for any purpose other than distribution to a researcher or   a person approved under Section 691A.110.          Sec. 691A.202.  NONAPPLICABILITY. (a)  Section 691A.201   does not apply to a person who acquires a body or anatomical   specimen for law enforcement, cemetery, crematory, funeral,   embalming, hospital, transplantation, or therapy purposes if the   person acts within the scope of the person's license or other lawful   authorization in acquiring, distributing, using, and disposing of   the body or anatomical specimen, as applicable.          (b)  Section 691A.201 does not apply to a political   subdivision required by law to receive and bury:                (1)  unclaimed bodies; or                (2)  bodies required to be buried at public expense.          Sec. 691A.203.  LICENSE ELIGIBILITY. (a)  Except as   provided by Subsection (b), to be eligible for an anatomical   supplier license, an applicant for the license:                (1)  must be of good professional character;                (2)  subject to Subsection (b), must maintain   facilities and conduct operations that meet the standards   applicable to anatomical facilities under Section 691A.253;                (3)  may not hold a researcher license issued under   this chapter or have a pending application with the commission for a   researcher license; and                (4)  must meet any other eligibility requirements   established by commission rule for an anatomical supplier license   under this subchapter.          (b)  An applicant for an anatomical supplier license may   satisfy the requirements of Subsection (a)(2) by holding an   accreditation issued by a nationally recognized accreditation   organization acceptable to the commission.          Sec. 691A.204.  APPLICATION. A person may apply for an   anatomical supplier license by submitting an application to the   commission in the form and manner prescribed by commission rule.          Sec. 691A.205.  LICENSE ISSUANCE. The commission shall   issue an anatomical supplier license to an applicant who:                (1)  submits an application;                (2)  meets the eligibility requirements of Section   691A.203; and                (3)  pays any required fee.          Sec. 691A.206.  PROVISIONAL ANATOMICAL SUPPLIER LICENSE.   (a)  The commission by rule shall establish a provisional   anatomical supplier license for an applicant for an anatomical   supplier license who:                (1)  has applied for the accreditation described by   Section 691A.203(b) but is not yet accredited; and                (2)  demonstrates to the satisfaction of the commission   that the applicant is making a good faith effort to:                      (A)  obtain the accreditation described by   Section 691A.203(b); or                      (B)  establish and maintain facilities and   conduct operations that meet the standards applicable to anatomical   facilities under Section 691A.253.          (b)  The commission shall issue a provisional anatomical   supplier license to an applicant who:                (1)  submits an application for a provisional license;                (2)  meets the eligibility requirements under   Subsection (a); and                (3)  pays any required fee.          (c)  A provisional anatomical supplier license issued under   this section expires not later than the 180th day after the date the   provisional license is issued.  On application, a provisional   anatomical supplier license may be renewed not more than once for a   renewal period not to exceed 180 days.          Sec. 691A.207.  SEROLOGICAL TESTING REQUIRED. For each body   or anatomical specimen an anatomical supplier acquires, the   anatomical supplier shall ensure:                (1)  the body or anatomical specimen receives full   serological testing from a testing laboratory that holds a   certificate issued by the federal Centers for Medicare and Medicaid   Services for compliance with the Clinical Laboratory Improvement   Amendments of 1988 (42 U.S.C. Section 263a);                (2)  the test results described by Subdivision (1) show   no indication of hepatitis B, hepatitis C, or HIV/AIDS; and                (3)  the medical and social history of the individual   whose body or anatomical specimen was donated accompanies the test   results described by Subdivision (1).   SUBCHAPTER F.  RESEARCHER LICENSE, STANDARDS, AND AUTHORIZED USES          Sec. 691A.251.  LICENSE REQUIRED FOR EDUCATION OR RESEARCH   USES. (a)  Except as provided by Subsection (b), a person may not   acquire a body or anatomical specimen to be used for education or   research purposes unless the person:                (1)  holds a researcher license issued under this   subchapter; and                (2)  acquires the body or anatomical specimen from an   anatomical supplier.          (b)  A willed body program that holds a researcher license   may acquire a body or anatomical specimen for uses related to   education or research purposes from any person.          (c)  A researcher may use a body or anatomical specimen only   for education or research purposes.          Sec. 691A.252.  LICENSE ELIGIBILITY. To be eligible for a   researcher license, an applicant must:                (1)  be of good professional character;                (2)  comply with commission rules for handling bodies   and anatomical specimens for purposes of education and research;                (3)  be:                      (A)  a willed body program;                      (B)  a forensic science program;                      (C)  an anatomical facility;                      (D)  a  search and rescue organization or recovery   team;                      (E)  a surgical center;                      (F)  a medical device company;                      (G)  a fixed or mobile medical training facility;                      (H)  a hospital;                      (I)  an organ procurement organization, an eye   bank, or a tissue bank, as defined by Section 692A.002; or                      (J)  a meeting facility in a hotel or convention   center;                (4)  pay any required fee; and                (5)  meet any other eligibility requirements   established by commission rule for a researcher license under this   subchapter.          Sec. 691A.253.  STANDARDS FOR LICENSING AND OPERATIONS OF   ANATOMICAL FACILITIES. (a)  The commission shall adopt minimum   standards for anatomical facilities licensed as researchers, and   anatomical facilities applying for that license, under this   subchapter.          (b)  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.          Sec. 691A.254.  STANDARDS FOR LICENSING AND OPERATION OF   MEETING FACILITY IN HOTELS OR CONVENTION CENTERS. The commission   shall adopt minimum standards for a meeting facility in a hotel or   convention center with respect to:                (1)  the education or research that may be performed in   the facility and the researchers who may perform the education or   research; and                (2)  the facility in which the authorized education or   research may be performed.          Sec. 691A.255.  APPLICATION. A person may apply to the   commission for a researcher license under this subchapter in the   form and manner prescribed by commission rule.          Sec. 691A.256.  LICENSE ISSUANCE. The commission shall   issue a researcher license under this subchapter to an applicant   who:                (1)  submits an application;                (2)  meets the applicable eligibility requirements of   this subchapter for the type of entity applying for the license; and                (3)  pays any required fee.          Sec. 691A.257.  USE BY WILLED BODY PROGRAM OR FORENSIC   SCIENCE PROGRAM. A willed body program or forensic science program   that holds a researcher license issued under this subchapter may   only use a body or anatomical specimen for 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.          Sec. 691A.258.  USE BY SEARCH AND RESCUE ORGANIZATION OR   RECOVERY TEAM. A search and rescue organization or recovery team   that holds a researcher license issued under this subchapter may   only use a body or anatomical specimen for education or research   purposes that relate to the organization's or team's functions,   including canine cadaver training.   SUBCHAPTER G.  LICENSE RENEWAL          Sec. 691A.301.  LICENSE TERM. A license issued under this   chapter expires not later than the second anniversary of the date   the license was issued, unless the commission establishes an   earlier expiration date for the purpose of staggering license   renewals.          Sec. 691A.302.  RENEWAL APPLICATION. A person who holds a   license under this chapter may apply to the commission to renew the   license.          Sec. 691A.303.  RENEWAL REQUIREMENTS. The commission may   adopt rules for the renewal of a license under this chapter.   SUBCHAPTER H. PRACTICE PROVISIONS FOR LICENSE HOLDERS          Sec. 691A.351.  TRANSPORTATION OF BODIES; RECORDS. (a) The   commission shall adopt rules to ensure that:                (1)  each body or anatomical specimen received or   distributed under this chapter is properly transported;                (2)  a label with a statement that a container's   contents are derived from human tissue is affixed to each container   in which a body or anatomical specimen is transported; and                (3)  each person who has control or possession of a body   or anatomical specimen:                      (A)  satisfactorily completes a chain-of-custody   form prescribed by the commission to document the person's control   or possession of the body or anatomical specimen;                      (B)  maintains a copy of the form for the person's   records; and                      (C)  transfers the form to any other person to   whom control or possession of the body or anatomical specimen is   transferred.          (b)  An anatomical supplier and researcher shall maintain a   copy of each chain-of-custody form required by this section and   submit a copy of each form to the commission.          (c)  Each body or anatomical specimen transferred under this   chapter shall be carefully deposited and transported with the least   possible public display.          (d)  A person who transfers a body or anatomical specimen   under this chapter shall keep on permanent file records that:                (1)  contain a description of the body or anatomical   specimen, including if known the deceased person's name, race and   ethnicity, sex, age, and place and reported cause of death and any   other information available for identification of the body or   anatomical specimen, such as the existence of scars or deformities;   and                (2)  track the possession of the body or anatomical   specimen from intake to final disposition.          (e)  The person who transfers a body or anatomical specimen   under this chapter shall mail or otherwise safely convey to the   person to whom the body is sent a copy of the description of the body   or anatomical specimen required by Subsection (d)(1). The person   receiving the body or anatomical specimen shall immediately and   safely transmit to the transferor a receipt that:                (1)  acknowledges the person received the body or   anatomical specimen; and                (2)  contains the full description of the body or   anatomical specimen provided by the transferor.          (f)  The transferor and receiver of each body or anatomical   specimen shall:                (1)  maintain the records required under this section   in accordance with commission rule; and                (2)  allow the commission or a district or county   attorney to inspect the records described by Subdivision (1) at any   time.          (g)  The commission, in consultation with the advisory   committee, shall adopt rules to enforce the documentation and   labeling requirements of this section for each body and anatomical   specimen distributed or received under this chapter.          Sec. 691A.352.  COSTS OF DISTRIBUTION. A researcher   acquiring a body or anatomical specimen under this chapter from an   anatomical supplier shall pay the costs associated with the   distribution in a manner specified by agreement with the anatomical   supplier regarding the distribution.          Sec. 691A.353.  REQUIRED DOCUMENTATION OF INFORMED CONSENT.   (a) Before a body or anatomical specimen may be acquired under this   chapter, the anatomical supplier or researcher, as applicable,   must:                (1)  obtain verifiable documentation of the voluntary   donation of the body or anatomical specimen under either Section   691A.403 or 691A.404;                (2)  ensure the documentation described by Subdivision   (1) demonstrates clear, informed consent by the deceased, or a   representative of the deceased authorized by law to provide   consent, to donate the body or anatomical specimen for education or   research purposes; and                (3)  submit the documentation described by Subdivision   (1) to the commission.          (b)  The commission by rule may establish a time, not later   than a reasonable date before the date of acquisition, for the   submission of the documentation.          Sec. 691A.354.  FINAL DISPOSITION. (a)  Except as provided   by Subsection (b), a person licensed under this chapter shall   dispose of a body or anatomical specimen acquired under this   chapter after any authorized use either through a third-party   crematory licensed under Subchapter N, Chapter 651, Occupations   Code, or through a crematory owned and operated by a willed body   program.  A person licensed under this chapter may not dispose of a   body or anatomical specimen as medical waste or through the use of   alkaline hydrolysis.          (b)  A researcher shall return a donor's body or anatomical   specimen after use to any person the donor designates or otherwise   dispose of the body or anatomical specimen, in accordance with the   donor agreement.          (c)  An anatomical supplier may only:                (1)  distribute a body or anatomical specimen to a   researcher, as provided by Section 691A.201, or to a person   approved under Section 691A.110; or                (2)  dispose of the body or anatomical specimen in   accordance with this section.          (d)  A researcher may only dispose of a body or anatomical   specimen in accordance with this section.          Sec. 691A.355.  INSPECTIONS AND AUDITS. A person licensed   under this chapter shall allow the commission to inspect or audit   the person's facilities, equipment, and records at any time in   connection with the person's activities under this chapter.          Sec. 691A.356.  ABUSE OF CORPSE: REPORT REQUIRED.  To aid   prosecutions under Section 42.08, Penal Code, as soon as possible   after a person becomes aware of the possible abuse of a corpse, the   person shall report the facts, as known, to the commission.          Sec. 691A.357.  LIMITATION OF LIABILITY. (a) A person who   acts in accordance with this chapter, the rules adopted under this   chapter, and the applicable laws for acquiring, distributing,   using, or disposing of bodies or anatomical specimens in this state   is not liable for those actions in a civil action, criminal   prosecution, or administrative proceeding.          (b)  A person who acts in accordance with this chapter and   the rules adopted under 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 or constitutes gross negligence.          (c)  A person donating a body or anatomical specimen,   including the person's estate, is not liable for any injury or   damage that results from the donation.          (d)  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 691A.404(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.   SUBCHAPTER I.  DONATION OF BODY OR ANATOMICAL SPECIMEN          Sec. 691A.401.  DONATION AUTHORIZED BEFORE DEATH. A person   may donate a body or anatomical specimen to the following   individuals or entities named in a will or other written   instrument:                (1)  a willed body program;                (2)  a forensic science program;                (3)  a search and rescue organization or recovery team;                (4)  a physician licensed to practice medicine in this   state;                (5)  an anatomical facility; or                (6)  a person licensed or approved under this chapter.          Sec. 691A.402.  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 691A.403, may donate a donor's body to a   person described by Section 691A.401 for use in education or   research.          (c)  A person who is authorized to claim a decedent's body   for burial under Section 691A.452 may provide informed consent for   the body to be donated to a person described by Section 691A.401 for   use in education or research.          (d)  The commission shall adopt rules necessary to implement   this section.          Sec. 691A.403.  DONATION OF BODY OR ANATOMICAL SPECIMEN BY   WRITTEN INSTRUMENT. (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 person described by Section   691A.401 as authorized by the commission to be used for education or   research purposes.          (b)  A donation is not effective under Subsection (a) unless   the donor 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 donor's intent; and                (2)  the donor's acknowledgment that the donor was   informed about:                      (A)  the consequences of the anatomical donation   before providing consent, including the potential for dividing the   body into anatomical specimens for various uses by different   researchers;                      (B)  the intended use of the donated body or   anatomical specimen by the person to whom the body or anatomical   specimen is donated, if known; and                      (C)  if applicable, the condition in which the   body or anatomical specimen will be returned to the person   designated by the donor.          (c)  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 and require persons licensed under   this chapter to use the form.          (d)  Appointment of an administrator or executor or issuance   of a court order is not necessary before the body or anatomical   specimen may be acquired under this chapter.          (e)  A donor may specify the use for which the donor's body or   anatomical specimen may be used, including whether the donor's body   is authorized to be divided into anatomical specimens.          (f)  A donor may revoke a donation made under this section by   executing a written instrument in a manner similar to the original   donation.          Sec. 691A.404.  DONATION OF BODY OR ANATOMICAL SPECIMEN   AFTER DONOR'S DEATH. (a) Any member of the following classes of   persons who are reasonably available, in the order of priority   listed, may donate the donor's body or anatomical specimen to a   person specified in Section 691A.401 for a purpose authorized by   this chapter, unless the donor or the donor's agent made a donation   under Section 691A.403, 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 691A.403;                (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 representative of the person   licensed under this chapter who is 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 intended use of the donated body or   anatomical specimen by the person to whom the body or anatomical   specimen is donated, if known; 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 or class of   persons 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 and require persons licensed under this chapter to use   the form.          (f)  A person who makes a donation under this section may   specify the use for which the donated body or anatomical specimen   may be used, including whether the donated body is authorized to be   divided into anatomical specimens.          (g)  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.          (h)  A revocation under Subsection (g) is effective only   before completion of the donation and the acceptance of the body or   anatomical specimen.   SUBCHAPTER J.  REGULATION OF UNCLAIMED BODIES; AUTOPSY          Sec. 691A.451.  DUTY TO DELIVER CERTAIN BODIES. 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 the commission or the   commission's representative provides to the person written notice   of the notification requirement; and                (2)  deliver or dispose of the body in accordance with   the direction of the commission.          Sec. 691A.452.  PERSONS WHO MAY CLAIM BODY FOR BURIAL. (a)   An officer, employee, or representative of the state, of a   political subdivision, or of an institution is not required to give   notice or deliver a body as required by Section 691A.451 if the body   is claimed for burial.          (b)  A relative, bona fide friend, or representative of an   organization to which the deceased belonged may claim the body for   burial. The person in charge of the body shall release the body to   the claimant without requiring payment when the person is satisfied   that the claimed relationship exists.          (c)  A claimant alleging to be a bona fide friend or a   representative of an organization to which the deceased belonged   must present a written statement of the relationship under which   the claimant qualifies as a bona fide friend or organization   representative.          (d)  For purposes of this section, a bona fide friend means a   person who is like a member of the deceased person's family, and   does not include:                (1)  an ordinary acquaintance;                (2)  an officer, employee, or representative of the   state or a political subdivision having charge of a body not claimed   for burial or a body required to be buried at public expense;                (3)  an employee of an entity listed in Subdivision (2)   with which the deceased was associated;                (4)  a patient, inmate, or ward of an institution with   which the deceased was associated;                (5)  an officer, employee, or representative of an   institution having charge of a body not claimed for burial or a body   required to be buried at public expense; or                (6)  an employee of an institution with which the   deceased was associated.          (e)  A person described by Subsection (d)(4), (5), or (6) may   qualify as a bona fide friend if the friendship existed before the   deceased entered the institution.          Sec. 691A.453.  PROCEDURE AFTER DEATH. (a) If a body is not   claimed for burial immediately after death, the body shall be   embalmed within 24 hours.          (b)  For 72 hours after death, the person in charge of the   institution having charge or control of the body shall make a   reasonable effort to find a relative of the deceased and notify the   relative of the death. If the person is not able to find a relative,   the person shall file with the county clerk an affidavit stating   that the person has made a diligent inquiry to find a relative and   stating the inquiry the person made.          Sec. 691A.454.  BODY OF TRAVELER. (a)  If an unclaimed body   is the body of a traveler who died suddenly, the commissioners court   of the county in which the traveler died shall retain possession of   the body until the earlier of the six months after the date of the   traveler's death or the date the body is identified and claimed.          (b)  The county may inter a body described by Subsection (a)   before the expiration of the period described by that subsection   provided the county disinters the body as necessary for   identification purposes during that period.          Sec. 691A.455.  AUTOPSY. Except as otherwise provided by   law, only the commission may grant permission to perform an autopsy   on an unclaimed body.  The commission may grant permission after   receiving a specific request for an autopsy that shows sufficient   evidence of medical urgency.   SUBCHAPTER K.  ENFORCEMENT          Sec. 691A.501.  LICENSE DENIAL, RENEWAL, SUSPENSION,   REVOCATION.  (a)  Under procedures provided by Chapter 651,   Occupations Code, the commission may refuse to issue or renew,   suspend, revoke, or probate the suspension of a license, or   reprimand a license holder, under this chapter if the commission   determines that:                (1)  a person violated this chapter or a rule adopted   under this chapter, including improper use of a body or anatomical   specimen; or                (2)  for an applicant for a license under this chapter,   the applicant fails to meet the eligibility requirements for the   license.          (b)  Notwithstanding this section or Section 2001.054,   Government Code, a license under this chapter is not valid during   the pendency of an appeal of a decision to refuse to issue, renew,   suspend, or revoke the license.          Sec. 691A.502.  CRIMINAL PENALTY: UNLICENSED PRACTICE;   ACQUISITION; DISTRIBUTION; USE.  (a)  A person commits an offense if   the person violates Section 691A.201 or 691A.251.          (b)  An offense under this section is a state jail felony.          Sec. 691A.503.  ADMINISTRATIVE PENALTY. The commission may   assess an administrative penalty on a person who violates this   chapter or a rule adopted under this chapter in an amount not to   exceed $5,000 per violation under procedures provided by Subchapter   L, Chapter 651, Occupations Code.          Sec. 691A.504.  DEFENSE TO ABUSE OF CORPSE. It is a defense   to prosecution under Section 42.08, Penal Code, that the actor   engaged in activities authorized by this chapter in a manner that   complies with this chapter and the rules adopted under this   chapter.          SECTION 2.  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 3.  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 acquire an anatomical gift as part of a willed body   program, as defined by Section 691A.001, in this state unless the   program is licensed under Chapter 691A.          SECTION 4.  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 5.  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 Texas Funeral   Service Commission];                (5)  a forensic science program licensed by the   commission under Chapter 691A 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   licensed under Chapter 691A [that is recognized by the 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];                (7)  a willed body program licensed under Chapter 691A   [the Texas Funeral Service Commission]; or                (8)  an anatomical supplier licensed under Chapter 691A   [a non-transplant anatomical donation organization].          (b)  A person described by Subsection (a) may acquire [Except   for donations described by Subsections (a)(1) through (6), the   Texas Funeral Service Commission or a non-transplant anatomical   donation organization 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 commission or organization]   under Chapter 691A only if the person holds the appropriate license   issued under that chapter [691].          SECTION 6.  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 7.  Section 651.005, Occupations Code, is amended to   read as follows:          Sec. 651.005.  REGULATION OF CERTAIN LICENSED PERSONS    [WILLED BODY PROGRAMS, NON-TRANSPLANT ANATOMICAL DONATION   ORGANIZATIONS, AND ANATOMICAL FACILITIES]. The commission shall   regulate persons licensed under Chapter 691A, Health and Safety   Code, [willed body programs, non-transplant anatomical donation   organizations,] and anatomical facilities as provided by that   chapter [Chapter 691, Health and Safety Code,] and in accordance   with the powers and duties granted by this chapter to the extent   necessary to regulate those persons [the programs, organizations,   and facilities under that chapter].          SECTION 8.  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 9.  Section 651.407(f), Occupations Code, is amended   to read as follows:          (f)  This section does not apply to a dead human body   obtained by a school or college of mortuary science under Chapter   691A [691] or 692A, Health and Safety Code.          SECTION 10.  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 691A or   692A, Health and Safety Code, that is not intended for   transplantation, including requirements for the storage or   transportation of the anatomical gift.          SECTION 11.  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 691A, 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 12.  Chapter 691, Health and Safety Code, is   repealed.          SECTION 13.  Chapter 691A, Health and Safety Code, as added   by this Act, applies to the donation of a body or anatomical   specimen by will or other written instrument executed on or 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 14.  Notwithstanding Section 691A.105, Health and   Safety Code, as added by this Act, the Texas Funeral Service   Commission is not required before December 1, 2027, to:                (1)  adopt rules requiring license holders to comply   with that section with respect to issuing unique identifiers; or                (2)  maintain records in a searchable database.          SECTION 15.  As soon as practicable after the effective date   of this Act, but not later than March 1, 2026, the Texas Funeral   Service Commission shall adopt rules necessary to implement   Chapters 691A and 692A, Health and Safety Code, and Chapter 651,   Occupations Code, as added or amended by this Act.          SECTION 16.  Sections 691A.501, 691A.502, and 691A.503,   Health and Safety Code, as added by this Act, take effect January 1,   2026.          SECTION 17.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2025.