Sec. 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 or Section 692A.008, 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(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 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle B - Disposition of the Body
Chapter 692A - Revised Uniform Anatomical Gift Act
Section 692A.003. Applicability
Section 692A.004. Persons Authorized to Make Anatomical Gift Before Donor's Death
Section 692A.005. Manner of Making Anatomical Gift Before Donor's Death
Section 692A.006. Amending or Revoking Anatomical Gift Before Donor's Death
Section 692A.007. Refusal to Make Anatomical Gift; Effect of Refusal
Section 692A.008. Preclusive Effect of Anatomical Gift, Amendment, or Revocation
Section 692A.009. Who May Make Anatomical Gift of Decedent's Body or Part
Section 692A.010. Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part
Section 692A.011. Persons That May Receive Anatomical Gift; Purpose of Anatomical Gift
Section 692A.012. Search and Notification
Section 692A.013. Delivery of Document of Gift Not Required; Right to Examine
Section 692A.014. Rights and Duties of Procurement Organization and Others
Section 692A.015. Coordination of Procurement and Use; Hospital Procedures
Section 692A.016. Sale or Purchase of Parts Prohibited
Section 692A.017. Other Prohibited Acts
Section 692A.020. Glenda Dawson Donate Life-Texas Registry; Education Program
Section 692A.021. Effect of Anatomical Gift on Advance Directive
Section 692A.022. Uniformity of Application and Construction
Section 692A.023. Relation to Electronic Signatures in Global and National Commerce Act