CHAPTER 692.  TEXAS ANATOMICAL GIFT ACT

Sec. 692.001.  Short Title.

         This chapter may be cited as the Texas Anatomical Gift Act.

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

Sec. 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 is:

                      (A) affiliated with a university or hospital; or

                      (B) registered to operate as a nonprofit organization in
         this state for the primary purpose of organ or tissue
         procurement.

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

Amended by Acts 1997, 75th Leg., ch. 225, Sec. 2, eff. Sept. 1,
1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., ch. 291, Sec. 2, eff. Sept. 1,
1991.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.211, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 225, Sec. 3, eff. Sept. 1,
1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 692.005.  Persons Who May Become Donees.

         The following persons may be donees of gifts of bodies or
parts:

                       (1) a hospital or physician, to be used only for medical or
         dental education, research, therapy, transplantation, or the
         advancement of medical or dental science; 

                       (2) an accredited medical, chiropractic, or dental school,
         college, or university, to be used only for education,
         research, therapy, or the advancement of medical or dental
         science; 

                       (3) a bank or storage facility, to be used only for medical
         or dental education, research, therapy, transplantation, or the
         advancement of medical or dental science; 

                       (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; or

                       (6) the Anatomical Board of the State of Texas.

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

Sec. 692.006.  Designation of Donee or Physician.

         (a) A person may make a gift to a specified donee.  If the gift
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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., ch. 291, Sec. 3, eff. Sept. 1,
1991.

Sec. 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, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., ch. 291, Sec. 4, eff. Sept. 1,
1991.

Amended by Acts 1993, 73rd Leg., ch. 928, Sec. 2, eff. Aug. 30,
1993; Acts 1997, 75th Leg., ch. 165, Sec. 30.212, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 225, Sec. 30.212, eff. Sept. 1,
1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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 the person's own negligence.  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, Sec. 1, eff. Sept. 1, 1989