HB5278 - Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

  2025S0241-1 03/13/25     By: Bell of Kaufman H.B. No. 5278     A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of persons who provide   services in relation to the deceased; creating a criminal offense   and increasing the punishment for an existing criminal offense;   expanding the application of a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 691.001, Health and Safety Code, is   amended to read as follows:          Sec. 691.001.  DEFINITIONS. In this chapter:                (1)  "Advisory committee" means the State Anatomical   Advisory Committee.                (1-a)   "Advancement of medical or forensic science"   means activities conducted within accredited medical, dental, or   forensic science programs aimed at training individuals under the   supervision of professionals licensed in their respective fields in   educational environments where knowledge, skills, and competencies   are imparted in accordance with accrediting standards, and research   projects. Such research projects must be designed to expand   knowledge within the fields and require formal approval by a   recognized institutional review board or an equivalent ethical   oversight body.                 (1-b) "Authorized recipient" means a person or   facility located in this state that in accordance with state law and   the rules adopted under this chapter obtains a whole body, body   segment, part, or non-transplant anatomical part from a human body   acquisition service or the commission [ "Anatomical facility" means   a facility in this state inspected and approved by the commission   under Section 691.034 that does not operate as a willed body program   or a non-transplant anatomical donation organization ].                (2)  "Body" means the intact corporeal remains of a   human [ corpse ].                 (2-a) "Body segment" means a portion of a whole body   detached for purposes of study, evaluation, education, or research   and composed of contiguous mixed tissues with relationships altered   only at the segment boundaries.                (3)  "Anatomical specimen" means a part of a human   corpse used for an educational or research purpose .                (4)  "Commission" means the Texas Funeral Service   Commission.                 (4-a) "Human body acquisition service" means a person   or facility that solicits, retrieves, performs donor selection on,   preserves, transports, allocates, distributes, acquires,   processes, stores, or arranges storage for whole bodies, body   segments, parts, or non-transplant anatomical parts, solely for   educational or research purposes.                (5)  "Non-transplant anatomical donation organization"   means a person or facility required to be licensed that solicits,   retrieves, performs donor selection on, preserves, transports,   allocates, distributes, acquires, processes, stores, or arranges   storage for whole bodies, body segments, parts, or non-transplant   anatomical parts, solely for educational or research purposes   [ accredited to engage in the recovery, receipt, screening, testing,   processing, storage, or distribution of tissue or human remains for   any purpose other than transplantation into a living individual in   this state ].                (6)  "Willed body program" means a program operated at   an institution of higher education in this state that is required to   be licensed by the commission and allows a living individual to   donate the individual's body or anatomical specimen for educational   or research purposes.          SECTION 2.  Section 691.002(b), Health and Safety Code, is   amended to read as follows:          (b)  The advisory committee is composed of seven members   appointed by the commission [ as follows:                [ (1)     two members who represent institutions of higher   education that operate willed body programs;                [ (2)     two members who represent non-transplant   anatomical donation organizations;                [ (3)     two members who represent anatomical facilities;   and                [ (4)  one public member ].          SECTION 3.  Subchapter A, Chapter 691, Health and Safety   Code, is amended by adding Sections 691.003 and 691.004 to read as   follows:           Sec.   691.003.     RECORDS. In addition to the records required   to be maintained by the commission under Sections 691.011 and   691.031, the commission shall maintain a secure electronic   database, accessible to persons designated by the person giving   informed consent under Section 691.0235, that contains the informed   consent documentation provided to the commission by the anatomical   facility, non-transplant anatomical donation organization, willed   body program, and authorized recipient, along with a unique   identifier for every whole body, body segment, part, or   non-transplant anatomical part tied to the donor. Each human body   acquisition service facility, non-transplant anatomical donation   organization, willed body program, and authorized recipient shall   tag each whole body, body segment, part, or non-transplant   anatomical part with the unique identifier prior to transfer to the   authorized recipient, who shall update the database with the   current location of the whole body, body segment, part, or   non-transplant anatomical part until final disposition.           Sec.   691.004.     ENFORCEMENT AND CRIMINAL PENALTY. (a) Each   human body acquisition service facility, non-transplant anatomical   donation organization, willed body program, and authorized   recipient is subject to regulation, including investigations and   enforcement, under this chapter.           (b)     The commission, or the commission's executive director,   may, on sufficient cause as determined by the commission,   immediately revoke authorization for any human body acquisition   service or authorized recipient to operate in this state to ensure   compliance with this chapter or commission rule.           (c)     A person who knowingly violates this chapter commits an   offense.           (d)  An offense under this section is a state jail felony.          SECTION 4.  Sections 691.010(b) and (c), Health and Safety   Code, are amended to read as follows:          (b)  The commission by rule shall establish methods by which   service recipients can be notified of the name, mailing address,   and telephone number of the commission for the purpose of directing   complaints to the commission. The commission may provide for that   notification by including the information on each written contract   relating to bodies willed or donated to an entity licensed or   regulated by the commission or otherwise authorized by the   commission to receive bodies.          (c)  The commission shall keep an information file about each   complaint filed with the commission relating to its functions under   this chapter. If a written complaint is filed with the commission   relating to a person licensed or [ or an entity ] regulated 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.          SECTION 5.  Section 691.011, Health and Safety Code, is   amended to read as follows:          Sec. 691.011.  RECORDS. The commission shall keep   identification records [ of each body donated to the commission and ]   of each body or anatomical specimen for which [ distributed by ] the   commission authorizes distribution .          SECTION 6.  Section 691.012, Health and Safety Code, is   amended to read as follows:          Sec. 691.012.  FEES.  [ (a) ]  The commission 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 receipt and distribution of   [ receiving and distributing ] bodies and anatomical specimens;                (2)  conducting inspections and other verification   activities authorized under Section 691.034; and                (3)   licensing [ registering ] willed body programs ,   authorized recipients, anatomical facilities, and non-transplant   anatomical donation organizations.          [ (b)     A non-transplant anatomical donation organization is   exempt from a fee described by Subsection (a)(1). ]          SECTION 7.  Section 691.022, Health and Safety Code, is   amended to read as follows:          Sec. 691.022.  GENERAL DUTIES.  (a)  The commission shall   authorize the distribution of [ distribute ] bodies and anatomical   specimens to persons authorized to receive a body or specimen under   this chapter or Chapter 692A .  [ This subsection does not apply to a   body or specimen donated to a registered non-transplant anatomical   donation organization. ]          (b)  The commission shall adopt rules to :                 (1)     prohibit a licensed human body acquisition   service, authorized recipient, willed body program, or   non-transplant anatomical donation organization from accepting any   donation of a body or anatomical specimen, including a direct   donation, unless the commission authorizes the facility to receive   the donation; and                 (2)   ensure that each body and anatomical specimen is   treated with respect while in the custody of the [ commission or ]   person authorized to receive the body or specimen.          (c)  The commission shall adopt rules, establish procedures,   and prescribe forms necessary to administer and enforce this   chapter, including rules establishing licensing [ registration ] and   inspection requirements and procedures.  The commission may issue   a reprimand, assess an administrative penalty, impose other   penalties, or revoke, suspend, or probate a license [ registration   or other authorization ] for a violation of this chapter or a   commission rule adopted under this chapter, including a violation   related to an inspection conducted under Section 691.034, in the   manner provided by Chapter 651, Occupations Code.          SECTION 8.  The heading to Section 691.023, Health and   Safety Code, is amended to read as follows:          Sec. 691.023.  DUTY REGARDING [ TO DELIVER ] CERTAIN BODIES   [ TO COMMISSION ].          SECTION 9.  Section 691.023(a), Health and Safety Code, is   amended to read as follows:          (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 commission or the commission'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 commission or the commission's representative; and                (2)  deliver the body in accordance with the direction   of the commission[ ; and      &#xA0 [Text truncated for display. 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