H.B. No. 5278 seeks to enhance the licensing and regulation of services related to deceased individuals in Texas by introducing new definitions and requirements for entities involved in the handling of human remains. Key insertions include definitions for "advancement of medical or forensic science," "authorized recipient," and "human body acquisition service," which clarify the roles of organizations that acquire human bodies for educational and research purposes. The bill mandates the creation of a secure electronic database to track informed consent documentation and unique identifiers for each body or anatomical part, promoting transparency and accountability. It also establishes a new criminal offense for regulatory violations, classifying them as state jail felonies, and expands the Texas Funeral Service Commission's authority to revoke licenses and enforce compliance.

Additionally, the bill amends the Health and Safety Code to enhance oversight of willed body programs and anatomical donation organizations, requiring the commission to authorize the distribution of donated bodies exclusively to licensed entities, with a priority system favoring medical schools. It introduces new standards for human body acquisition services, including safety and respectful treatment of bodies, and outlines responsibilities for returning anatomical specimens. The bill also amends the Occupations Code to establish minimum requirements for funeral establishments handling anatomical gifts, limits civil actions against license holders, caps noneconomic damages at $250,000 per claimant, and grants immunity to license holders relying on representations made by authorized individuals regarding the deceased. The new provisions will take effect on September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 691.001, Health and Safety Code 691.002, Health and Safety Code 691.010, Health and Safety Code 691.011, Health and Safety Code 691.012, Health and Safety Code 691.022, Health and Safety Code 691.023, Health and Safety Code 691.025, Health and Safety Code 691.028, Health and Safety Code 691.030, Health and Safety Code 691.031, Health and Safety Code 691.033, Health and Safety Code 691.034, Health and Safety Code 691.035, Health and Safety Code 711.002, Health and Safety Code 711.008, Occupations Code 651.202 (Occupations Code 651, Health and Safety Code 711, Health and Safety Code 691)