Eyes Aren't for Sale: Texas Makes It a Felony to Sell Human Organs

The Short Answer

Under Texas Penal Code § 48.02, it is a state jail felony to sell, purchase, or transfer a human eye — or any human organ — for valuable consideration. The law covers kidneys, livers, hearts, lungs, pancreases, bones, skin, and eyes, but notably excludes hair and blood.

The Full Story

The Texas law banning the sale of human organs, including eyes, is part of a broader legal framework that emerged in the 1980s amid growing concern over organ trafficking and the exploitation of vulnerable people. At the federal level, Congress passed the National Organ Transplant Act (NOTA) in 1984, which made it a federal crime to sell human organs affecting interstate commerce. Texas followed with its own state-level statute, Texas Penal Code § 48.02, enacted in 1985 — just one year after NOTA — reinforcing the prohibition within state borders.

The law is rooted in a fundamental ethical concern: if organs can be bought and sold, markets tend to exploit the poor and desperate, who may feel compelled to sacrifice their own health for cash. A single transplantable eye (specifically its cornea) can restore sight to a person blinded by injury or disease — making it genuinely valuable on a black market. The legislature drew a careful line: you may donate hair or blood for compensation, but vital organs and tissues are off-limits for sale.

In 2025, the Texas Legislature updated § 48.02, elevating the offense to a state jail felony (previously it carried lighter penalties), signaling that lawmakers consider the prohibition more serious than ever. The law mirrors similar bans in virtually every U.S. state and aligns with the global medical consensus that organ allocation should be based on medical need, not wealth. Interestingly, the law applies to BOTH buyers and sellers — you cannot legally purchase a human eye in Texas any more than you can sell one.

Common Misconceptions

The law is often framed narrowly as 'it's illegal to sell your eye in Texas,' making it sound like a quirky local oddity. In reality: (1) it covers all major organs and tissues, not just eyes; (2) it applies to buyers as well as sellers; (3) it mirrors both federal law (NOTA) and similar laws in virtually every U.S. state, so it is not uniquely Texan; and (4) some sources incorrectly state the penalty is only a Class A misdemeanor — since the 2025 amendment, it is a state jail felony.

Actual Legal Text

Texas Penal Code § 48.02 defines 'human organ' as '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.' A person commits an offense if they knowingly or intentionally offer to buy, offer to sell, acquire, receive, sell, or otherwise transfer any human organ for valuable consideration. Exceptions exist for standard medical and physician fees, reimbursement of legal or medical expenses for the recipient, and reimbursement of a donor's travel, housing, and lost wages. The offense is classified as a state jail felony.