CHAPTER 691. ANATOMICAL BOARD OF THE STATE OF TEXAS
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
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
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 2, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 210, eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 948, Sec. 3, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. DONATION AND DISTRIBUTION OF BODIES AND ANATOMICAL
SPECIMENS
Sec. 691.021. DEFINITION. In this subchapter, "political
subdivision" means a municipality, county, or special district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 5, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 6, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 692A and the
person authorized to make the donation under Section 692A.009
authorized the board to transport the body outside this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 7, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
186, Sec. 3, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 8, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 9, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.42, eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 948, Sec. 10, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 948, Sec. 11, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.