2005 Texas Health & Safety Code CHAPTER 691. ANATOMICAL BOARD OF THE STATE OF TEXAS

HEALTH & SAFETY CODE

SUBTITLE B. DISPOSITION OF THE BODY

CHAPTER 691. ANATOMICAL BOARD OF THE STATE OF TEXAS

SUBCHAPTER A. ORGANIZATION OF ANATOMICAL BOARD OF THE STATE OF 
TEXAS


	§ 691.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Board" means the Anatomical Board of the State of 
Texas.              
		(2)  "Body" means a human corpse.                                             
		(3)  "Anatomical specimen" means a part of a human 
corpse.                  

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 1, eff. Sept. 1, 2003.


	§ 691.002. COMPOSITION OF BOARD.  (a) The Anatomical 
Board of the State of Texas is composed of one representative from 
each school or college of chiropractic, osteopathy, medicine, or 
dentistry incorporated in this state.
	(b)  On March 1 of each odd-numbered year, the chief 
executive officer of each institution described by Subsection (a) 
shall appoint as the institution's representative on the board one 
professor of surgery or of basic anatomical sciences who is 
associated with the institution.
	(c)  Appointments to the board shall be made without regard 
to the race, creed, sex, religion, or national origin of the 
appointees.

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


	§ 691.004. LOBBYIST RESTRICTIONS.  A person may not serve 
as a member of the board or act as the general counsel to the board 
if the person is required to register as a lobbyist under Chapter 
305, Government Code, because of the person's activities for 
compensation on behalf of a profession related to the operation of 
the board.

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


	§ 691.005. REMOVAL OF BOARD MEMBER.  (a) It is a ground 
for removal from the board if a member:
		(1)  does not have at the time of appointment the 
qualifications required by Section 691.002(a) for appointment to 
the board; 
		(2)  does not maintain during the service on the board 
the qualifications required by Section 691.002(a) for appointment 
to the board; 
		(3)  violates a prohibition established by Section 
691.004;                 
		(4)  cannot discharge the member's duties for a 
substantial portion of the term for which the member is appointed 
because of illness or disability;  or
		(5)  is absent from more than half of the regularly 
scheduled board meetings that the member is eligible to attend 
during any two calendar years, unless the absence is excused by a 
majority of the board members.
	(b)  The validity of an action of the board is not affected by 
the fact that it is taken when a ground for removal of a member of 
the board exists.
	(c)  If the secretary-treasurer of the board believes that a 
potential ground for removal exists, the secretary-treasurer shall 
notify the chairman of the board of that ground.  The chairman shall 
notify the chief executive officer of the institution represented 
by that member that a potential ground for removal exists.

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


	§ 691.006. REIMBURSEMENT.  A board member is not entitled 
to compensation but is entitled to reimbursement for actual travel 
expenses incurred in serving on the board.

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


	§ 691.007. MINUTES;  RECORDS.  (a) The board may adopt 
rules for its administration.
	(b)  The board shall keep complete minutes of its 
transactions.              
	(c)  The board shall keep identification records of each body 
donated to the board and of each body or anatomical specimen 
distributed by the board.
	(d)  A board member or a district or county attorney may at 
any time inspect minutes or records required under this section.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 2, eff. Sept. 1, 2003.


	§ 691.008. FEES;  REPORTS;  AUDITS.  (a) The board may set 
and collect reasonable and necessary fees for receiving and 
distributing bodies and anatomical specimens.
	(b)  The secretary-treasurer of the board may deposit fees 
collected under this section in local accounts outside the state 
treasury.
	(c)  The board shall file annually with the governor and the 
presiding officer of each house of the legislature a complete and 
detailed written report accounting for all funds received and 
disbursed by the board during the preceding year.  The form of the 
annual report and the reporting time are as provided by the General 
Appropriations Act.
	(d)  The financial transactions of the board are subject to 
audit by the state auditor in accordance with Chapter 321, 
Government Code.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 14, § 210, eff. Sept. 1, 1991;  Acts 
2003, 78th Leg., ch. 948, § 3, eff. Sept. 1, 2003.


	§ 691.009. INFORMATION TO MEMBERS AND EMPLOYEES.  The 
board shall provide to its members and employees, as often as 
necessary, information regarding their qualifications under this 
chapter and their responsibilities under applicable laws relating 
to standards of conduct for state officers or employees.

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


	§ 691.010. PUBLIC INFORMATION AND PARTICIPATION;  
COMPLAINTS.  (a) The board shall prepare information of public 
interest describing the functions of the board and the board's 
procedures by which complaints are filed with and resolved by the 
board.  The board shall make the information available to the public 
and appropriate state agencies.
	(b)  The board by rule shall establish methods by which 
service recipients can be notified of the name, mailing address, 
and telephone number of the board for the purpose of directing 
complaints to the board. The board may provide for that 
notification by including the information on each written contract 
relating to bodies willed or donated to an entity regulated by the 
board or authorized by the board to receive bodies.
	(c)  The board shall keep an information file about each 
complaint filed with the board relating to its functions. If a 
written complaint is filed with the board relating to a person or an 
entity regulated by the board, the board, at least as frequently as 
quarterly and until final disposition of the complaint, shall 
notify the parties to the complaint of the status of the complaint 
unless notice would jeopardize an undercover investigation.
	(d)  The board shall develop and implement policies that 
provide the public with a reasonable opportunity to appear before 
the board and to speak on any issue under the jurisdiction of the 
board.

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

SUBCHAPTER B. DONATION AND DISTRIBUTION OF BODIES AND ANATOMICAL 
SPECIMENS


	§ 691.021. DEFINITION.  In this subchapter, "political 
subdivision" means a municipality, county, or special district.

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


	§ 691.022. GENERAL DUTIES.  (a) The board shall 
distribute bodies and anatomical specimens to institutions 
authorized to receive them.
	(b)  The board shall adopt rules to ensure that each body and 
anatomical specimen in the custody of the board or an institution 
represented on the board is treated with respect.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 5, eff. Sept. 1, 2003.


	§ 691.023. DUTY TO DELIVER CERTAIN BODIES TO BOARD.  (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 board or the board'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 board or the board's representative; 
		(2)  deliver the body in accordance with the direction 
of the board;  and   
		(3)  allow the board, the board's representative, or a 
physician designated by the board who complies with this chapter to 
remove the body to be used for the advancement of medical science.
	(b)  If the board does not require a political subdivision or 
agency of the political subdivision to deliver a body under this 
section, the political subdivision shall pay all costs of 
preparation for burial, including costs of embalming.

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


	§ 691.024. 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 691.023 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 one of the family, and does not include:
		(1)  an ordinary acquaintance;                                                
		(2)  an officer, employee, or representative of the 
state, of a political subdivision, or of an institution 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;  or
		(4)  a patient, inmate, or ward of an institution with 
which the deceased was associated.
	(e)  A person covered by Subsection (d) may qualify as a bona 
fide friend if the friendship existed before the deceased entered 
the institution.

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


	§ 691.025. 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 due 
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.
	(c)  A body that is not claimed for burial within 48 hours 
after a relative receives notification shall be delivered as soon 
as possible to the board or the board's representative.
	(d)  A relative of the deceased may claim the body within 60 
days after the body has been delivered to an institution or other 
entity authorized to receive the body.  The body shall be released 
without charge.

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


	§ 691.026. BODY OF TRAVELER.  If an unclaimed body is the 
body of a traveler who died suddenly, the board shall direct the 
institution receiving the body to retain the body for six months for 
purposes of identification.

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


	§ 691.027. AUTOPSY.  Only the board may grant permission 
to perform an autopsy on an unclaimed body.  The board may grant 
permission after receiving a specific request for an autopsy that 
shows sufficient evidence of medical urgency.

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


	§ 691.028. DONATION OF BODY BY WRITTEN INSTRUMENT.  (a) 
An adult living in this state who is of sound mind may donate his 
body by will or other written instrument to the board, a medical or 
dental school, or another donee authorized by the board, to be used 
for the advancement of medical science.
	(b)  To be effective, the donor must sign the will or other 
written instrument and it must be witnessed by two adults.  The 
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 the donor's intent.
	(c)  Appointment of an administrator or executor or 
acquisition of a court order is not necessary before the body may be 
delivered under this chapter.
	(d)  A donor may revoke a donation made under this section by 
executing a written instrument in a manner similar to the original 
donation.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 6, eff. Sept. 1, 2003.


	§ 691.029. AUTHORITY TO ACCEPT BODIES FROM OUTSIDE THE 
STATE.  The board may receive a body transported to the board from 
outside this state.

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


	§ 691.030. BOARD'S AUTHORITY TO DISTRIBUTE BODIES AND 
ANATOMICAL SPECIMENS.  (a) The board or the board's representative 
shall distribute bodies donated to it and may redistribute bodies 
donated to medical or dental schools or other donees authorized by 
the board to schools and colleges of chiropractic, osteopathy, 
medicine, or dentistry incorporated in this state, to physicians, 
and to other persons as provided by this section.
	(b)  In making the distribution, the board shall give 
priority to the schools and colleges that need bodies for lectures 
and demonstrations.
	(c)  If the board has remaining bodies, the board or the 
board's representative shall distribute or redistribute those 
bodies to the schools and colleges proportionately and equitably 
according to the number of students in each school or college 
receiving instruction or demonstration in normal or morbid anatomy 
and operative surgery.  The dean of each school or college shall 
certify that number to the board when required by the board.
	(d)  The board may transport a body or anatomical specimen to 
an authorized recipient in another state if the board determines 
that the supply of bodies or anatomical specimens in this state 
exceeds the need for bodies or anatomical specimens in this state 
and if:
		(1)  the deceased donated his body in compliance with 
Section 691.028 and at the time of the donation authorized the board 
to transport the body outside this state;  or
		(2)  the body was donated in compliance with Chapter 
692 (Texas Anatomical Gift Act) and the person authorized to make 
the donation under Section 692.004 authorized the board to 
transport the body outside this state.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 7, eff. Sept. 1, 2003.


	§ 691.031. TRANSPORTATION OF BODIES;  RECORDS.  (a) The 
board shall adopt rules to ensure that each body or anatomical 
specimen received or distributed by the board is properly 
transported.
	(b)  The board may employ a public carrier to transport 
bodies or anatomical specimens received or distributed by the 
board.
	(c)  Each body or anatomical specimen shall be carefully 
deposited and transported with the least possible public display.
	(d)  A person or institution who sends a body or anatomical 
specimen under this chapter shall keep on permanent file a 
description of the body or anatomical specimen that includes the 
deceased's name, if known, color, sex, age, place and supposed 
cause of death, and any other information available for 
identification of the body or anatomical specimen, such as the 
existence of scars or deformities.
	(e)  The sender shall mail or otherwise safely convey to the 
person or institution to whom the body is sent a copy of the 
description required by Subsection (d).  The person or institution 
receiving the body or anatomical specimen shall immediately and 
safely transmit to the sender a receipt containing the full terms of 
the description furnished by the sender.
	(f)  The sender and receiver of each body or anatomical 
specimen shall file the records required under this section in 
accordance with board rules so that the board or a district or 
county attorney may inspect the records at any time.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 8, eff. Sept. 1, 2003.


	§ 691.032. COSTS OF DISTRIBUTION.  A person or 
institution receiving a body or anatomical specimen under this 
chapter shall pay in a manner specified by the board, 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.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 9, eff. Sept. 1, 2003.


	§ 691.033. USE OF BODIES AND ANATOMICAL SPECIMENS.  (a) 
To further medical science, a school, college, or person designated 
by the board may dissect, operate on, examine, and experiment on a 
body or anatomical specimen distributed under this chapter.
	(b)  A school, college, or person shall keep a permanent 
record of each body or anatomical specimen received from the board 
or the board's representative.  The record must be sufficient to 
identify the body or anatomical specimen and may be inspected by the 
board or the board's representative.
	(c)  A law relating to the prevention of mutilation of a body 
does not apply to a dissection, operation, examination, or 
experiment performed under this section.
	(d)  To aid prosecutions under Section 42.08, Penal Code, the 
board shall adopt rules that clearly state the activities that are 
authorized by the board in relation to the dissection of a body.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1995, 74th Leg., ch. 76, § 14.42, eff. Sept. 1, 1995;  
Acts 2003, 78th Leg., ch. 948, § 10, eff. Sept. 1, 2003.


	§ 691.034. REGULATION OF PERSONS AND INSTITUTIONS USING 
BODIES AND ANATOMICAL SPECIMENS.  (a) The board shall inspect and 
may approve institutions for the receipt and use of bodies and 
anatomical specimens under this chapter.
	(b)  The board may investigate a person or institution if the 
board has reason to believe that the person or institution has 
improperly used a body or anatomical specimen.
	(c)  The board may suspend or revoke a person's or 
institution's authorization to receive and dissect bodies or 
anatomical specimens if the board determines that the person or 
institution has improperly used a body or anatomical specimen.
	(d)  A person or institution is entitled to a hearing before 
the board or a hearing examiner appointed by the board before the 
board may revoke the person's or institution's authorization to 
receive and dissect bodies or anatomical specimens.  The board 
shall make all final decisions to suspend or revoke an 
authorization.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2003, 78th Leg., ch. 948, § 11, eff. Sept. 1, 2003.


	§ 691.035. CRIMINAL PENALTY.  (a) A person commits an 
offense if the person has a duty imposed under this chapter and 
refuses, neglects, or omits to perform the duty as required by this 
chapter.
	(b)  An offense under this section is punishable by a fine of 
not less than $100 or more than $500.

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