Section 692A.005 - Manner of Making Anatomical Gift Before Donor's Death(a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) as provided in Subsection (b) or (b-1). (b) A donor or other person authorized to make an anatomical gift under Section 692A.004 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person, or be acknowledged before a notary public; and (2) state that the record has been signed and witnessed or acknowledged as provided in Subdivision (1). (b-1) A donor or other person authorized to make an anatomical gift under Section 692A.004 may make a gift through an online registry. The online registration: (1) does not require the consent of another person or require a witness to sign at the donor's request or a notary public to acknowledge the gift; and (2) constitutes a legal document under this chapter that remains binding after the donor's death. (c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card on which an anatomical gift is indicated does not invalidate the gift.(d) An anatomical gift made by will takes effect on the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.Tex. Health and Safety Code § 692A.005
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 363,Sec. 1, eff. 9/1/2023.Added by Acts 2009, 81st Leg., R.S., Ch. 186, Sec. 1, eff. 9/1/2009.