Untitled Texas Attorney General Opinion ( 1974 )

July 31, 1974
The Honorable Elmo F. Parsons, Jr. Opinion No. H- 361
County Attorney
Falls County Re: Effect of Article 5923b,
Marlin, Texas 76661 V.T.C.S., the 18 year-old
bill, on Article 4447j, V. T.
c. s. ) having to do with
blood transfusions.
Dear Mr. Parsons:
You have’asked our opinion of the effect, if any, of Article 5923b,
V.T.C.S., (Acts 1973, 63rd Leg., ch. 626, p. 1723) upon Article 4447j,
V.T.C.S., enacted by the 62nd Legislature in 1971.
Article 4447j, in its entirety, provides:
Any person 18 years or older has the capacity to
donate his blood to the American Red Cross, a blood
bank operating under the supervision of a licensed
physician or a hospital licensed under the provisions
of the Texas Hospital Licensing Law provided, however,
that any such donee (sic) between the age of 18 and 21
shall receive no remuneration, or compensation for
blood so donated. (Emphasis added)
We must: assume that “donee” as wed in Article 4447j was intended
t.o mean “donor . ” See Attorney General Opinion M-1094 (1972).
This st~atute was enacted at a time when unmarried persons less:
than 21 years of age were considered minors and when there was serious
question as to the authorj.ty of anyone to perform any,sort of ,medical
p. 1696
The Honorable Elmo~F. Parsons, Jr. page 2 (H-361)
procedure upon a minor without the consent af a parentor some other
person authorized to give consent. See, for example, Article 4447h,
V. T. C.S. (Acts 1969, 61st Leg., ch. 742, p. 2138,, repealed by Sec. 3
of Acts 1973, 63rd Leg., ch. 543,. p. 1458.) And compare Sections
35.01, 35;.02 and 35.03, Texas Family Code, V. T. C. S. (Acts 1973,
63rd. Leg., ch. 543, p. 1411).
The apparent purpose of Article 4447j, supra, was to establish
that minors 18 to 21 were capable of consenting to the taking of their
blood, However,, to make ,certain that those falling in the stated age
group did not abuse their bodies, the last portion of the article was
added, prohibiting th,eir being compensated for their blood. Attorney
General Opinion M-1094 (1972).
Article 592313, supra, in its Section 2, .provides, in part:
. . . [A] person who is at least 18 years of age
has all the rights, privileges, and obligations of
a person who is 21 years of age. A law, rule, regu-
lation, or ordinance which extends a right, privilege,
or obligation to a person on the basis of a minimum
age of 21, 20 or 19 years shall be interpreted as
prescribing’s minimum age,of 18 years.
It is our opinion that Article 592313 do,es not affect Article 44473.
It does provide that, in.sofar as those over 21 are enti.tled to be compcnated
for blood donations, those 18, 19 and. 21 are entitled to the same priviicge.
See Attorney,General Opi,nion’s H-82, H-83, H-84 and.H-85 (1973).
SUMMARY
Despite the express language of Art. 4447j;
V.T.C.S., that blood~donors between 18 and 21
. -
The Honorable Elmo F. Parsons page 3 (H-361)
shall receive no compensation, under Art. 5923b.
V.T.C.S., those over 18 are entitled to the same
privileges as those over 21 and are entitled to
compensation.
Very truly yours~,
Attorney General of Texas
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1698