Legal Question in Wills and Trusts in Texas

Re: Privacy Regarding Death

Texas Health & Safety Code Section 692.003:

� 692.003. MANNER OF EXECUTING GIFT OF OWN BODY. (a) A person who has testamentary capacity under the Texas Probate Code may give all or part of the person's body for a purpose specified by Section 692.005. In addition, a person younger than 18 years of age who does not have testamentary capacity may make a gift on the person's driver's license or personal identification card, but that

gift is not effective without the approval or consent of the person's parents or legal guardian if the person is younger than 18 years of age at the time of death.

(b) A person may make a gift under this section by will or by use of a document other than a will.

(c) A gift made by will is effective on the death of the testator without the necessity of probate. If the will is not probated or if the will is declared invalid for testamentary purposes, the gift is valid to the extent to which it has been acted on in good faith.

(d) A gift made by a document other than a will is effective on the death of the donor. The document may be a card designed to be carried by the donor. To be effective, the document must be signed by the donor in the presence of two witnesses. If the donor cannot sign the document, a person may sign the document for the donor at

the donor's direction and in the presence of the donor and two witnesses. The witnesses to the signing of a document under this subsection must sign the document in the presence of the donor.

Delivery of the document during the donor's lifetime is not necessary to make the gift valid.

(e) A gift made under this section by a person 18 years of age or older, including a gift made under Section 521.401, Transportation Code, shall be honored without obtaining the approval or consent of any other person.

Acts 1989, 71st Leg., ch. 678, � 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 291, � 2, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 165, � 30.211, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 225, � 3, eff. Sept. 1, 1997.