More than 8,000 Texans are on organ donor waiting lists, State donation and transplantation laws can mean the difference between life and death.
The Texas Anatomical Gift Act has been extensively amended since its original enactment. HB 2027 updates the outdated sections of our organ donation statute, and brings it into conformity with federal laws. Texas now joins 35 other states that have adopted this uniform anatomical gift act.
- Bolsters the rule that a donor’s autonomous decision regarding the making of an anatomical gift is honored and not subject to change by others.
- Clarifies the ability of others to make donations in absence of first person consent.
- Clarifies “reasonably available” in order to facilitate time sensitive donations
- Conforms existing law with federal regulations and policies by clarifying who may receive a given anatomical gift for a specific purpose.
- Criminalizes the intentional falsification of a document of gift or refusal when done to obtain financial gain.
- Traces standard probate language with regard to choice of law in interpreting and executing anatomical gifts, which is important in today’s mobile society.
- Does NOT change law passed in 1995 that requires the Medical Examiner to come to surgery and view the organs for transplant along with the transplant surgeon to determine whether or not they can be used for transplant or must be kept for forensic evidence.
HB2027 will go into effect September 1, 2009.
Thank you, Governor Perry