H.B. No. 5278 aims to enhance the licensing and regulation of services related to deceased individuals in Texas by introducing new definitions and requirements for organizations involved in handling 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 entities managing anatomical donations. The bill establishes a secure electronic database for tracking consent documentation and unique identifiers for each body or anatomical part, promoting transparency in the donation process. It also introduces a criminal offense for violations of these regulations, classifying them as state jail felonies, and mandates oversight by the Texas Funeral Service Commission, which has the authority to revoke licenses for non-compliance.

Additionally, the bill amends the Health and Safety Code to enhance the regulation of willed body programs and anatomical donation organizations, requiring the Texas Funeral Service Commission to authorize the distribution of donated bodies exclusively to licensed entities. It establishes a priority system for body distribution, focusing on the needs of medical schools, and introduces new standards for human body acquisition services to ensure safety and respectful treatment. The bill also limits civil actions against license holders, capping noneconomic damages at $250,000 per claimant, with exceptions for gross negligence or intentional misconduct. These provisions will take effect on September 1, 2025, and the commission is tasked with adopting necessary rules for implementation.

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 (Health and Safety Code 691, Occupations Code 651, Health and Safety Code 711)