Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002

Prohibition on the Sale and Purchase of Human Organs

Prohibition of the Purchase and Sale of Human Organs

Chapter 48 of the Texas Penal Code defines offenses relating to conduct affecting public health.

“Prohibition of the Purchase and Sale of Human Organs”, as per § 48.02 of the Texas Penal Code, occurs when a person knowingly or intentionally offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human organ for valuable consideration.

In this section, "human organ" means the human kidney, liver, heart, lung, pancreas, eye, bone, skin, or any other human organ or tissue, but does not include hair or blood, blood components (including plasma), blood derivatives, or blood reagents.  The term does not include human fetal tissue as defined by Section 48.03.

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.

A violation of this section is a Class A misdemeanor.

Severity of Crime

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement