Bill Text: TX HB3701 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to publication of national organ transplant waiting list information on the Department of State Health Services' Internet website and donors included in the anatomical gift registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-12 - Committee report sent to Calendars [HB3701 Detail]
Download: Texas-2021-HB3701-Introduced.html
87R2868 MCF-F | ||
By: Guerra | H.B. No. 3701 |
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relating to publication of national organ transplant waiting list | ||
information on the Department of State Health Services' Internet | ||
website and donors included in the anatomical gift registry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 692A.005(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A donor may make an anatomical gift: | ||
(1) on inclusion in the Glenda Dawson Donate | ||
Life-Texas Registry, as demonstrated by [ |
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or symbol [ |
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identification certificate in the manner described by Section | ||
521.401, Transportation Code, indicating the donor is willing to | ||
make an anatomical gift [ |
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(2) in a will; | ||
(3) during a terminal illness or injury of the donor, | ||
by any form of communication addressed to at least two adults, at | ||
least one of whom is a disinterested witness; or | ||
(4) as provided in Subsection (b). | ||
SECTION 2. Section 692A.007(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) An individual may refuse to make an anatomical gift of | ||
the individual's body or part by: | ||
(1) a record signed by: | ||
(A) the individual; or | ||
(B) subject to Subsection (b), another | ||
individual acting at the direction of the individual if the | ||
individual is physically unable to sign; | ||
(2) the individual's will, whether or not the will is | ||
admitted to probate or invalidated after the individual's death; | ||
[ |
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(3) any form of communication made by the individual | ||
during the individual's terminal illness or injury addressed to at | ||
least two adults, at least one of whom is a disinterested witness; | ||
or | ||
(4) for an individual 18 years of age or older, | ||
submission of the individual's refusal with the individual's | ||
application for an original, renewal, corrected, or duplicate | ||
driver's license or personal identification certificate, in the | ||
manner described by Section 521.401, Transportation Code. | ||
SECTION 3. Chapter 692A, Health and Safety Code, is amended | ||
by adding Section 692A.024 to read as follows: | ||
Sec. 692A.024. INFORMATION ON NATIONAL WAITING LIST FOR | ||
ORGAN TRANSPLANT. The department shall prepare and publish on the | ||
department's Internet website information on the steps necessary to | ||
be placed on the national waiting list for obtaining an organ | ||
transplant. | ||
SECTION 4. Section 502.189(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department shall make available for distribution to | ||
each office authorized to issue motor vehicle registrations Donate | ||
Life brochures that provide basic donor information in English and | ||
Spanish and a contact phone number and e-mail address. The | ||
department shall ensure that the question provided in Section | ||
521.401(c-1) [ |
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registry Internet website is included with registration renewal | ||
notices. | ||
SECTION 5. Sections 521.401(c), (c-1), and (e), | ||
Transportation Code, are amended to read as follows: | ||
(c) Donor registry information shall be provided to the | ||
department and the Texas Department of Transportation by organ | ||
procurement organizations, tissue banks, or eye banks, as those | ||
terms are defined in Section 692A.002, Health and Safety Code, or by | ||
the Glenda Dawson Donate Life-Texas Registry operated under Chapter | ||
692A, Health and Safety Code. The department, with expert input and | ||
support from the nonprofit organization administering the Glenda | ||
Dawson Donate Life-Texas Registry, shall: | ||
(1) provide to each applicant for the issuance of an | ||
original, renewal, corrected, or duplicate driver's license or | ||
personal identification certificate who applies in person, by mail, | ||
over the Internet, or by other electronic means: | ||
(A) if the applicant is younger than 18 years of | ||
age, an [ |
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(i) include a statement or symbol imprinted | ||
[ |
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identification certificate indicating that the person is willing to | ||
make an anatomical gift, in the event of death, in accordance with | ||
Section 692A.005, Health and Safety Code; and | ||
(ii) [ |
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consent to inclusion of the person's information in the statewide | ||
Internet-based registry of organ, tissue, and eye donors and | ||
release of the information to procurement organizations in the | ||
manner provided by Subsection (c-1); and | ||
(B) if the applicant is 18 years of age or older, | ||
an opportunity for the person to: | ||
(i) refuse inclusion of a statement or | ||
symbol imprinted on the person's driver's license or personal | ||
identification certificate indicating that the person is willing to | ||
make an anatomical gift, in the event of death, in accordance with | ||
Section 692A.005, Health and Safety Code; and | ||
(ii) refuse to consent to inclusion of the | ||
person's information in the statewide Internet-based registry of | ||
organ, tissue, and eye donors and release of the information to | ||
procurement organizations in the manner provided by Subsection | ||
(c-1); and | ||
(2) provide a means to distribute donor registry | ||
information to interested individuals in each office authorized to | ||
issue driver's licenses or personal identification certificates. | ||
(c-1) The department shall: | ||
(1) for each applicant younger than 18 years of age: | ||
(A) specifically ask the [ |
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the question, "Would you like to register as an organ donor?"; and | ||
(B) [ |
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affirmatively to the question asked under Paragraph (A) | ||
[ |
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driver's license number, most recent address, and other information | ||
needed for identification purposes at the time of donation to the | ||
nonprofit organization contracted to maintain the statewide donor | ||
registry under Section 692A.020, Health and Safety Code, for | ||
inclusion in the registry; and | ||
(2) for each applicant who is 18 years of age or older: | ||
(A) specifically ask the applicant the question, | ||
"Would you like to refuse to join the organ donor registry?" and | ||
state, "By answering 'no' to the previous question or not answering | ||
the previous question, you consent to join the organ donor registry | ||
and for your information to be included in the registry."; and | ||
(B) if the applicant does not affirmatively | ||
refuse to join the registry under Paragraph (A), provide for | ||
inclusion in the registry the applicant's name, date of birth, | ||
driver's license number, most recent address, and other information | ||
needed for identification purposes at the time of donation to the | ||
nonprofit organization contracted to maintain the statewide donor | ||
registry under Section 692A.020, Health and Safety Code. | ||
(e) The department shall distribute at all field offices | ||
Donate Life brochures that provide basic donation information in | ||
English and Spanish and include a contact phone number and e-mail | ||
address. The department shall include the questions [ |
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required under Subsection (c-1) [ |
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donor registry Internet website in renewal notices. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
a driver's license or personal identification certificate for which | ||
an application is submitted on or after the effective date of this | ||
Act. A driver's license or personal identification certificate for | ||
which an application was submitted before the effective date of | ||
this Act is governed by the law as it existed immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 7. This Act takes effect September 1, 2021. |