HBA-JRA H.B. 3830 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3830
By: McCall
Public Health
4/26/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 3830 prohibits a person from removing sperm from a decedent for
reproductive purposes unless the decedent's spouse requests the removal and
the decedent had, before death, given written consent to the removal of
sperm after death.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 693, Health and Safety Code, by adding
Subchapter D, as follows: 

SUBCHAPTER D.  REMOVAL OF SPERM

Sec. 693.051.  REMOVAL OF SPERM FOR REPRODUCTIVE PURPOSES.  Prohibits a
person from removing sperm from a decedent for reproductive purposes unless
the removal is performed at the request of the decedent's spouse and the
decedent had, before death, given written consent to the removal of sperm
after death. 

SECTION 2.  Amends the heading of Chapter 693, Health and Safety Code, to
read as follows: 

CHAPTER 693.  REMOVAL OF BODY PARTS, BODY TISSUE, CORNEAL
TISSUE, AND OTHER MATERIAL

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.