CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
§ 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN
(a) "Human organ" means the human kidney, liver, heart,
lung, pancreas, eye, bone, skin, fetal tissue, or any other human
organ or tissue, but does not include hair or blood, blood
components (including plasma), blood derivatives, or blood
(b) A person commits an offense if he or she knowingly or
intentionally offers to buy, offers to sell, acquires, receives,
sells, or otherwise transfers any human organ for valuable
(c) It is an exception to the application of this section
that the valuable consideration is: (1) a fee paid to a physician
or to other medical personnel for services rendered in the usual
course of medical practice or a fee paid for hospital or other
clinical services; (2) reimbursement of legal or medical expenses
incurred for the benefit of the ultimate receiver of the organ; or
(3) reimbursement of expenses of travel, housing, and lost wages
incurred by the donor of a human organ in connection with the
donation of the organ.
(d) A violation of this section is a Class A misdemeanor.
Added by Acts 1985, 69th Leg., ch. 40, Sec. 1, eff. Aug. 26, 1985. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.