Texas Health and Safety Code 691.028 – Donation of Body by Written Instrument
(a) An adult living in this state who is of sound mind may donate the adult’s body by will or other written instrument to the commission, a willed body program of a medical or dental school, a non-transplant anatomical donation organization, or another donee authorized by the commission to be used for the advancement of medical or forensic science.
(b) To be effective, the donor must provide informed consent by signing 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:
(1) the donor’s intent; and
(2) the donor’s acknowledgment that the donor was informed about:
(A) the consequences of the donation before providing consent;
(B) the use the donee plans for the donated body parts; and
(C) if applicable, any body part and the condition in which the body part will be returned to the person designated by the donor.
Terms Used In Texas Health and Safety Code 691.028
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Executor: A male person named in a will to carry out the decedent
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b-1) For purposes of Subsection (b), the donor must be informed in writing about the information described by Subsection (b)(2) in a clear manner on a single piece of paper that is 8-1/2 by 11 inches with 14-point type. The commission by rule shall design and adopt a form that complies with this subsection that willed body programs and non-transplant anatomical donation organizations must use.
(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.