Sec. 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS. (a) 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.
(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 consideration.
(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) An offense under this section is a state jail felony.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 16, eff. September 1, 2017.
Acts 2025, 89th Leg., R.S., Ch. 971 (S.B. 456), Sec. 1, eff. September 1, 2025.
Notes of Decisions
Planned Parenthood of Grt TX v. Courtney Ph, 981 F.3d 347 (5th Cir. 2020).
“§ 289g-2(a); Tex. Penal Code Ann. § 48.02 (a)-(b). On the video, Farrell asserted that even though PPGC was “already set up” to do the fetal-tissue procurement, PPGC needed to “work out, you know, something in terms of covering additional costs for additional .”
Planned Parenthood v. Phillips, 24 F.4th 442 (5th Cir. 2022).
“§ 289g-2; Tex. Penal Code Ann. § 48.02 . 3 Case: 18-30699 Document: 00516174802 Page: 4 Date Filed: 01/20/2022 No.”
Joel Navarro v. State, 469 S.W.3d 687 (Tex. App. 2015).
“” See Tex. Penal Code § 48.02(a). Because the Legislature described plasma as a “blood component,” and juxtaposed that term with “blood” itself, we must conclude that plasma is a only subset of blood, and that the two terms are not congruent.”
Planned Parenthood v. Phillips, 5 F.4th 568 (5th Cir. 2021).
“§ 289g-2; Tex. Penal Code Ann. § 48.02 . 3 Case: 18-30699 Document: 00515940047 Page: 4 Date Filed: 07/15/2021 No.”
In Re B.D.S.D., 289 S.W.3d 889 (Tex. App. 2009).
“See Tex. Penal Code Ann. § 48.02 (a) (providing that a "person" commits the offense of prostitution); see also In re B.”
In re B.W, 274 S.W.3d 179 (Tex. App. 2008).
“08(a)(1); Tex. Penal Code Ann. § 48.02 (a). We further hold that the trial court’s adjudication of appellant for engaging in delinquent conduct by committing the offense of prostitution did not lead to an absurd result, violate due process of law, or offend public policy.”
Planned Parenthood of Grt TX v. Courtney Ph (5th Cir. 2020).
“§ 289g-2(a); Tex. Penal Code Ann. § 48.02 (a)-(b). On the video, Farrell asserted that even though PPGC was “already set up” to do the fetal-tissue procurement, PPGC needed to “work out, you know, something in terms of covering additional costs for additional .”
Planned Parenthood of Grt TX v. Courtney Ph (5th Cir. 2020).
“§ 289g-2(a); Tex. Penal Code Ann. § 48.02 (a)-(b). On the video, Farrell asserted that even though PPGC was “already set up” to do the fetal-tissue procurement, PPGC needed to “work out, you know, something in terms of covering additional costs for additional .”
— Tex. Penal Code § 48.02(a) — 3 cases
Joel Navarro v. State, 469 S.W.3d 687 (Tex. App. 2015).
“” See Tex. Penal Code § 48.02(a). Because the Legislature described plasma as a “blood component,” and juxtaposed that term with “blood” itself, we must conclude that plasma is a only subset of blood, and that the two terms are not congruent.”
— Tex. Penal Code § 48.02(b) — 2 cases
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