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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of human remains in the training of search and |
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rescue animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 691.022(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board shall distribute bodies and anatomical |
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specimens to persons and institutions authorized to receive them. |
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SECTION 2. Section 691.025(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A relative of the deceased may claim the body within 60 |
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days after the body has been delivered to an institution or other |
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person or entity authorized to receive the body. The body shall be |
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released without charge. |
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SECTION 3. Section 691.026, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 691.026. BODY OF TRAVELER. If an unclaimed body is the |
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body of a traveler who died suddenly, the board shall direct the |
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person or institution receiving the body to retain the body for six |
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months for purposes of identification. |
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SECTION 4. Section 691.028(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An adult living in this state who is of sound mind may |
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donate his body by will or other written instrument to the board, a |
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medical or dental school, or another donee authorized by the board, |
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to be used for the advancement of medical science or for the |
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training of search and rescue animals. |
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SECTION 5. Section 691.030(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board or the board's representative shall |
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distribute bodies donated to it and may redistribute bodies donated |
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to medical or dental schools or other donees authorized by the board |
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to schools and colleges of chiropractic, osteopathy, medicine, or |
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dentistry incorporated in this state, to physicians, to persons |
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certified by a state or local law enforcement agency to train search |
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and rescue animals, and to other persons as provided by this |
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section. |
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SECTION 6. Sections 691.033(a), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) To further medical science or provide specific |
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training, a school, college, or person designated by the board may |
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use, dissect, operate on, examine, and experiment on a body or |
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anatomical specimen distributed under this chapter. |
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(c) A law relating to the prevention of mutilation of a body |
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does not apply to the use of a body or a dissection, operation, |
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examination, or experiment performed under this section. |
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(d) To aid prosecutions under Section 42.08, Penal Code, the |
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board shall adopt rules that clearly state the activities that are |
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authorized by the board in relation to the use or dissection of a |
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body. |
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SECTION 7. Sections 691.034(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) The board shall inspect and may approve institutions and |
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persons for the receipt and use of bodies and anatomical specimens |
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under this chapter. |
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(d) A person or institution is entitled to a hearing before |
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the board or a hearing examiner appointed by the board before the |
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board may revoke the person's or institution's authorization to |
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receive and use or dissect bodies or anatomical specimens. The |
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board shall make all final decisions to suspend or revoke an |
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authorization. |
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SECTION 8. Section 692A.002(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "Anatomical gift" means a donation of all or part |
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of a human body to take effect after the donor's death for the |
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purpose of transplantation, therapy, research, or education, |
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including training specifically authorized by law. |
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SECTION 9. Sections 692A.011(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) An anatomical gift may be made to the following persons |
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named in the document of gift: |
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(1) an organ procurement organization to be used for |
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transplantation, therapy, research, or education; |
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(2) a hospital to be used for research; |
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(3) subject to Subsection (d), an individual |
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designated by the person making the anatomical gift if the |
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individual is the recipient of the part; |
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(4) an eye bank or tissue bank, except that use of a |
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gift of a whole body must be coordinated through the Anatomical |
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Board of the State of Texas; |
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(5) a forensic science program at: |
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(A) a general academic teaching institution as |
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defined by Section 61.003, Education Code; or |
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(B) a private or independent institution of |
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higher education as defined by Section 61.003, Education Code; [or] |
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(6) a person certified by a state or local law |
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enforcement agency to train search and rescue animals; or |
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(7) the Anatomical Board of the State of Texas. |
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(b) Except for donations described by Subsections (a)(1) |
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through (6) [(5)], the Anatomical Board of the State of Texas shall |
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be the donee of gifts of bodies or parts of bodies made for the |
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purpose of education, including training, or research that are |
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subject to distribution by the board under Chapter 691. |
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SECTION 10. This Act takes effect September 1, 2011. |