2005 Texas Health & Safety Code CHAPTER 692. TEXAS ANATOMICAL GIFT ACT

HEALTH & SAFETY CODE

CHAPTER 692. TEXAS ANATOMICAL GIFT ACT


	§ 692.001. SHORT TITLE.  This chapter may be cited as the 
Texas Anatomical Gift Act.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Bank or storage facility" means a facility 
licensed, accredited, or approved under the laws of any state to 
store human bodies or body parts.
		(2)  "Decedent" means a deceased person and includes a 
stillborn infant or fetus.
		(3)  "Donor" means a person who makes a gift of all or 
part of the person's body.
		(4)  "Donor card" means a card designed to be carried by 
a donor to evidence the donor's intentions with respect to organ, 
tissue, or eye donations.
		(5)  "Eye bank" means a nonprofit corporation chartered 
under the laws of this state to obtain, store, and distribute donor 
eyes to be used by ophthalmologists for corneal transplants, 
research, or other medical purposes.
		(6)  "Hospital" means a hospital:                                             
			(A)  licensed, accredited, or approved under the 
laws of any state;  or    
			(B)  operated by the federal government, a state 
government, or a political subdivision of a state government.
		(7)  "Part" includes an organ, tissue, eye, bone, 
artery, blood, other fluid, and other parts of a human body.
		(8)  "Physician" means a physician licensed or 
authorized to practice under the laws of any state.
		(9)  "Qualified organ or tissue procurement 
organization" means an organization that procures and distributes 
organs or tissues for transplantation, research, or other medical 
purposes and that:
			(A)  is affiliated with a university or hospital 
or registered to operate as a nonprofit organization in this state 
for the primary purpose of organ or tissue procurement;  and
			(B)  if the organization is an organ procurement 
organization, is certified to act as an organ procurement 
organization by the appropriate federal agency.
		(10)  "Transplant center" means a hospital that:                              
			(A)  maintains a waiting list;                                               
			(B)  receives vascularized organs for the purpose 
of transplantation;  and 
			(C)  transplants organs into patients at the 
hospital.                     
		(11)  "Waiting list" means a patient waiting list of 
persons who are waiting for a vascular organ transplant.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1997, 75th Leg., ch. 225, § 2, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 615, § 1, eff. June 18, 1999.


	§ 692.003. MANNER OF EXECUTING GIFT OF OWN BODY.  (a) A 
person who has testamentary capacity under the Texas Probate Code 
may give all or part of the person's body for a purpose specified by 
Section 692.005. In addition, a person younger than 18 years of age 
who does not have testamentary capacity may make a gift on the 
person's driver's license or personal identification card, but that 
gift is not effective without the approval or consent of the 
person's parents or legal guardian if the person is younger than 18 
years of age at the time of death.
	(b)  A person may make a gift under this section by will or by 
use of a document other than a will.
	(c)  A gift made by will is effective on the death of the 
testator without the necessity of probate.  If the will is not 
probated or if the will is declared invalid for testamentary 
purposes, the gift is valid to the extent to which it has been acted 
on in good faith.
	(d)  A gift made by a document other than a will is effective 
on the death of the donor.  The document may be a card designed to be 
carried by the donor.  To be effective, the document must be signed 
by the donor in the presence of two witnesses.  If the donor cannot 
sign the document, a person may sign the document for the donor at 
the donor's direction and in the presence of the donor and two 
witnesses.  The witnesses to the signing of a document under this 
subsection must sign the document in the presence of the donor.  
Delivery of the document during the donor's lifetime is not 
necessary to make the gift valid.
	(e)  A gift made under this section by a person 18 years of 
age or older, including a gift made under Section 521.401, 
Transportation Code, shall be honored without obtaining the 
approval or consent of any other person.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 291, § 2, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 165, § 30.211, eff. Sept. 1, 1997;  Acts 
1997, 75th Leg., ch. 225, § 3, eff. Sept. 1, 1997.


	§ 692.004. PERSONS WHO MAY EXECUTE GIFT.  (a) The 
following persons, in the following priority, may give all or any 
part of a decedent's body for a purpose specified by Section 
692.005:
		(1)  the decedent's spouse;                                                   
		(2)  the decedent's adult child;                                              
		(3)  either of the decedent's parents;                                        
		(4)  the decedent's adult brother or sister;                                  
		(5)  the guardian of the person of the decedent at the 
time of death;  or   
		(6)  any other person authorized or under an obligation 
to dispose of the body.
	(b)  A person listed in Subsection (a) may make the gift only 
if:            
		(1)  a person in a higher priority class is not 
available at the time of death; 
		(2)  there is no actual notice of contrary indications 
by the decedent;  and
		(3)  there is no actual notice of opposition by a member 
of the same or a higher priority class.
	(c)  A person listed in Subsection (a) may make the gift 
after death or immediately before death.  The person must make the 
gift by a document signed by the person or by a telegraphic, 
recorded telephonic, or other recorded message.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.005. PERSONS WHO MAY BECOME DONEES.  (a) The 
following persons may be donees of gifts of bodies or parts of 
bodies:
		(1)  a qualified organ procurement organization, for 
distribution to another person who may be a donee under this 
section, to be used for transplantation;
		(2)  a hospital or physician, to be used only for 
therapy or transplantation;
		(3)  a bank or storage facility, to be used only for 
therapy or transplantation;
		(4)  a person specified by a physician, to be used only 
for therapy or transplantation needed by the person;
		(5)  an eye bank the medical activities of which are 
directed by a physician;
		(6)  a forensic science program at:                                           
			(A)  a general academic teaching institution, as 
defined by Section 61.003(3), Education Code;  or
			(B)  a private or independent institution of 
higher education, as defined by Section 61.003(15), Education Code;  
or
		(7)  the Anatomical Board of the State of Texas.                              
	(b)  Except for donations to a forensic science program under 
Subsection (a)(6), the Anatomical Board of the State of Texas shall 
be the donee of gifts of bodies or parts of bodies made for 
education or research, which are subject to distribution by that 
board under Chapter 691.
	(c)  A forensic science program that receives a donation 
under Subsection (a)(6) must submit a report to the Anatomical 
Board of the State of Texas on a quarterly basis that lists:
		(1)  the number of bodies or parts of bodies the 
forensic science program received;  and
		(2)  the method in which the forensic science program 
used the bodies or parts of bodies for education or research.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1999, 76th Leg., ch. 615, § 2, eff. June 18, 1999;  Acts 
2003, 78th Leg., ch. 948, § 12, eff. Sept. 1, 2003;  Acts 2005, 
79th Leg., ch. 290, § 1, eff. Sept. 1, 2005;  Acts 2005, 79th 
Leg., ch. 612, § 1, eff. Sept. 1, 2005.


	§ 692.006. DESIGNATION OF DONEE OR PHYSICIAN.  (a) A 
person may make a gift to a specified donee.  If the person dies in 
this state and does not specify the donee and the gift is a vascular 
organ that is suitable for transplantation, a qualified organ 
procurement organization in this state is considered the specified 
donee.  For any other gift that is not made to a specified donee, the 
attending physician may accept the gift as donee at the time of 
death or after death.
	(b)  If the gift is made to a specified donee who is not 
available at the time and place of death, the attending physician 
may accept the gift as donee at the time of death or after death 
unless the donor expressed an indication that the donor desired a 
different procedure.
	(c)  A physician who becomes a donee under Subsection (a) or 
(b) may not participate in the procedures for removing or 
transplanting a part.
	(d)  Notwithstanding Section 692.009, a donor may designate 
in the donor's will or document of gift the physician to perform the 
appropriate procedures.  If the donor does not designate the 
physician, or if the physician is not available, the donee or other 
person authorized to accept the gift may employ or authorize any 
physician to perform the appropriate procedures.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1999, 76th Leg., ch. 615, § 3, eff. June 18, 1999.


	§ 692.007. DELIVERY OF DOCUMENT.  (a) If a donor makes a 
gift to a specified donee, the donor may deliver the will or 
document, or an executed copy, to the donee to expedite the 
appropriate procedures immediately after death.  Delivery is not 
necessary to make the gift valid.
	(b)  The donor may deposit the will or other document, or an 
executed copy, in a hospital, registry office, or bank or storage 
facility that accepts the document for safekeeping or to facilitate 
the procedures after death.
	(c)  On or after the donor's death and on the request of an 
interested party, the person in possession of the document shall 
produce the document for examination.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.008. AMENDMENT OR REVOCATION OF GIFT.  (a) If the 
donor has delivered the will or other document, or executed copy, to 
a specified donee, the donor may amend or revoke the gift by:
		(1)  executing and delivering to the donee a signed 
statement;              
		(2)  making an oral statement in the presence of two 
persons that is communicated to the donee; 
		(3)  making a statement to an attending physician that 
is communicated to the donee;  or
		(4)  executing a signed document that is found on the 
donor or found in the donor's effects.
	(b)  If the donor has not delivered the document of gift to 
the donee, the donor may revoke the gift in a manner prescribed by 
Subsection (a) or by destroying, canceling, or mutilating the 
document and each executed copy of the document.
	(c)  If the donor made the gift by will, the donor may revoke 
or amend the gift in a manner prescribed by Subsection (a) or in a 
manner prescribed for the amendment or revocation of a will.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.009. DETERMINATION OF TIME OF DEATH.  The attending 
physician or, if none, the physician who certifies the death shall 
determine the time of death.  That physician may not participate in 
the procedures for removing or transplanting a part.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.010. ACCEPTANCE OR REJECTION OF GIFT.  (a) A donee 
may accept or reject a gift.
	(b)  If the donee or the donee's physician has actual notice 
of contrary indications by the decedent or has actual notice that a 
gift made under Section 692.004 is opposed by a member of the same 
or a higher priority class, the donee may not accept the gift.
	(c)  If a donee accepts a gift of an entire body, the 
decedent's surviving spouse or any other person authorized to give 
all or part of the body may authorize the body's embalming and have 
the use of the body for funeral services, subject to the terms of 
the gift.
	(d)  If a donee accepts a gift of a part, the donee shall 
cause the part to be removed from the body without unnecessary 
mutilation after death occurs and before the body is embalmed.  
After the part is removed, the surviving spouse, next of kin, or 
other person under obligation to dispose of the body has custody of 
the body.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.011. EXAMINATION FOR MEDICAL ACCEPTABILITY 
AUTHORIZED.  A gift of all or part of a body authorizes any 
examination necessary to assure medical acceptability of the gift 
for the intended purposes.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.012. DONEE'S RIGHTS SUPERIOR.  Except as prescribed 
by Section 692.015(a), a donee's rights that are created by a gift 
are superior to the rights of other persons.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.013. HOSPITAL PROTOCOL.  (a) Each hospital shall 
develop a protocol for identifying potential organ and tissue 
donors from among those persons who die in the hospital.  The 
hospital shall make its protocol available to the public during the 
hospital's normal business hours.
	(b)  The protocol must:                                                        
		(1)  provide that the hospital use appropriately 
trained persons from an organ or tissue procurement organization to 
make inquiries relating to donations;
		(2)  encourage sensitivity to families' beliefs and 
circumstances in all discussions relating to the donations;
		(3)  establish guidelines based on accepted medical 
standards for determining if a person is medically suitable to 
donate organs or tissues;  and
		(4)  provide for documentation of the inquiry and of 
its disposition in the decedent's medical records.
	(c)  The protocol must provide that an organ or tissue 
procurement organization is not required to make an inquiry under 
Section 692.014 if:
		(1)  the decedent is not medically suitable for 
donation based on the suitability guidelines established by the 
protocol;  or
		(2)  the hospital or organ or tissue procurement 
organization has actual notice of an objection to the donation made 
by:
			(A)  the decedent;                                                           
			(B)  the person authorized to make the donation 
under Section 692.004, according to the priority established by 
that section;  or
			(C)  an unavailable member of a higher priority 
class.                     
	(d)  An organ or tissue procurement organization that makes 
inquiries relating to donations shall develop a protocol for making 
those inquiries.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 291, § 3, eff. Sept. 1, 1991.


	§ 692.014. PROCEDURES.  (a) At or near the time of 
notification of death, if it is unclear whether the decedent is or 
is not a donor, the organ or tissue procurement organization or its 
designee shall ask the person authorized to make an anatomical gift 
on behalf of the decedent under Section 692.004, according to the 
priority established by that section, whether the decedent is or is 
not a donor.  The inquiry shall be made in accordance with the 
protocol established under Section 692.013 and with the procedures 
established under Subchapter Q, Chapter 521, Transportation Code. 
	(b)  If the decedent is a donor 18 years of age or older, the 
decedent's anatomical gift made under Section 692.003, including a 
gift made under Section 521.401, Transportation Code, shall be 
honored without obtaining the approval or consent of any other 
person.
	(c)  A copy of the decedent's donor card or a decedent's 
driver's license or personal identification certificate with an 
affirmative statement of gift issued prior to September 1, 1997, is 
conclusive evidence of the decedent's status as a donor and serves 
as consent for the organ, tissue, or eye removal.
	(d)  If the decedent is not a declared donor, the organ or 
tissue procurement organization or its designee shall inform the 
person of the option to donate the decedent's organs, tissues, and 
eyes according to the procedures established under this chapter and 
under Subchapter Q, Chapter 521, Transportation Code. 

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 291, § 4, eff. Sept. 1, 1991;  Acts 
1993, 73rd Leg., ch. 928, § 2, eff. Aug. 30, 1993;  Acts 1997, 
75th Leg., ch. 165, § 30.212, eff. Sept. 1, 1997;  Acts 1997, 
75th Leg., ch. 225, § 30.212, eff. Sept. 1, 1997.


	§ 692.0145. DISTRIBUTION OF VASCULAR ORGANS FOR 
TRANSPLANTATION.  (a) A qualified organ procurement organization 
that receives the gift of a vascular organ that is suitable for 
transplantation shall distribute the organ for transplantation to 
an individual on a waiting list to be transplanted at a transplant 
center in this state.
	(b)  The qualified organ procurement organization may 
transfer a vascular organ to an out-of-state organ procurement 
organization or a suitable out-of-state recipient for 
transplantation if:
		(1)  a suitable recipient in this state cannot be found 
in a reasonable amount of time;  or
		(2)  the transfer is made in accordance with a 
reciprocal agreement with an out-of-state organ procurement 
organization.

Added by Acts 1999, 76th Leg., ch. 615, § 4, eff. June 18, 1999.           


	§ 692.015. EFFECT OF OTHER LAWS.  (a) This chapter is 
subject to the laws of this state prescribing the powers and duties 
relating to autopsies.
	(b)  Sections 692.013 and 692.014 do not affect the laws 
relating to notification of the medical examiner or justice of the 
peace of each case of reportable death.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 692.016. LIMITATION OF 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 
action if the prerequisites for an anatomical gift are met under the 
laws applicable at the time and place the gift is made.
	(b)  A person who acts in good faith in accordance with 
Sections 692.013 and 692.014 is not liable as a result of the action 
except in the case of an act or omission of the person that is 
intentional, wilfully or wantonly negligent, or done with conscious 
indifference or reckless disregard. For purposes of this 
subsection, "good faith" in determining the appropriate person 
authorized to make a donation under Section 692.004 means making a 
reasonable effort to locate and contact the member or members of the 
highest priority class who are available at or near the time of 
death.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2001, 77th Leg., ch. 1388, § 1, eff. June 16, 2001.


	§ 692.017. CIVIL PENALTY.  (a) A person who removes 
corneal tissue from a decedent knowing that a gift authorizing the 
removal has not been made in accordance with Section 692.003 or 
692.004 is liable to the state for a civil penalty.
	(b)  A person authorized to accept a gift under Section 
692.005 or the agent or employee of a person authorized to accept a 
gift under Section 692.005 who accepts corneal tissue removed from 
a decedent knowing that a gift authorizing the removal has not been 
made in accordance with Section 692.003 or 692.004 is liable to the 
state for a civil penalty.
	(c)  A civil penalty under this section may not exceed $500 
for each violation.  In assessing a penalty under this section, the 
court shall consider the seriousness of the violation.
	(d)  The attorney general may sue to collect the penalty.                      

Added by Acts 2005, 79th Leg., ch. 1069, § 1, eff. Sept. 1, 2005.