Tex.
Health & Safety Code Section 692A.009
Who May Make Anatomical Gift of Decedent’s Body or Part
(a)
Subject to Subsections (b) and (c) and unless barred by Section 692A.007 (Refusal to Make Anatomical Gift; Effect of Refusal) or Section 692A.008 (Preclusive Effect of Anatomical Gift, Amendment, or Revocation), an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:(1)
an agent of the decedent at the time of death who could have made an anatomical gift under Section 692A.004 (Persons Authorized to Make Anatomical Gift Before Donor’s Death)(2) immediately before the decedent’s death;(2)
the spouse of the decedent;(3)
adult children of the decedent;(4)
parents of the decedent;(5)
adult siblings of the decedent;(6)
adult grandchildren of the decedent;(7)
grandparents of the decedent;(8)
an adult who exhibited special care and concern for the decedent;(9)
the persons who were acting as the guardians of the person of the decedent at the time of death;(10)
the hospital administrator; and(11)
any other person having the authority to dispose of the decedent’s body.(b)
If there is more than one member of a class listed in Subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 692A.011 (Persons that May Receive Anatomical Gift; Purpose of Anatomical Gift) knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.(c)
A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under Subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
Source:
Section 692A.009 — Who May Make Anatomical Gift of Decedent's Body or Part, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.692A.htm#692A.009 (accessed Jun. 5, 2024).
