Texas Health and Safety Code 692A.007 – Refusal to Make Anatomical Gift; Effect of Refusal
(a) An individual may refuse to make an anatomical gift of the individual’s body or part by:
(1) a record signed by:
(A) the individual; or
(B) subject to Subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(3) any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to Subsection (a)(1)(B) 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 individual, 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).
Terms Used In Texas Health and Safety Code 692A.007
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Probate: Proving a will
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in Subsection (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to Section 692A.005 that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in Section 692A.008(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.