“Eyes Aren't for Sale: Texas Makes It a Felony to Sell Human Organs”
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.
Origins In Federal And State Law
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.
A Line Between Sellable And Protected Tissue
The legislature drew a careful line: you may donate hair or blood for compensation, but vital organs and tissues are off-limits for sale.
2025 Amendment Raises The Stakes
In 2025, the Texas Legislature updated § 48.02, elevating the offense to a state jail felony. The law mirrors similar bans in virtually every U.S. state. The law applies to both buyers and sellers — you cannot legally purchase a human eye in Texas any more than you can sell one.
Where the story gets it wrong
Some assume Texas' organ-sale ban only covers eyes, since that's the catchy detail. In reality, Texas Penal Code § 48.02 covers all major organs and tissues — including kidneys, livers, hearts, lungs, pancreases, bones, and skin — not just eyes.
It's often assumed only sellers face liability. In fact, the law applies to buyers as well as sellers — purchasing a human eye or organ in Texas is just as illegal as selling one.
The law is sometimes portrayed as a uniquely Texan oddity. It actually mirrors federal law (NOTA) and similar statutes in virtually every U.S. state. Some sources also claim the penalty is only a Class A misdemeanor — since the 2025 amendment, it is a state jail felony.
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.
- Current status
- Actively Enforced
- Enacted
- August 26, 1985
- Penalty
- State jail felony (as of Sept. 1, 2025): 180 days to 2 years confinement in a state jail facility, and/or a fine up to $10,000Fine: up to USD10,000Imprisonment: 2 years
- Jurisdiction
- State of Texas. Also reinforced at the federal level by the National Organ Transplant Act of 1984 (42 U.S.C. § 274e).