Bill Text: TX SB1014 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to restrictions on the use and disclosure of certain genetic material and genetic information; providing a civil penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to Health & Human Services [SB1014 Detail]
Download: Texas-2023-SB1014-Introduced.html
88R9271 MPF-D | ||
By: Hughes | S.B. No. 1014 |
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relating to restrictions on the use and disclosure of certain | ||
genetic material and genetic information; providing a civil | ||
penalty; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 174 to read as follows: | ||
CHAPTER 174. RESTRICTIONS ON USE AND DISCLOSURE OF CERTAIN GENETIC | ||
MATERIAL AND GENETIC INFORMATION | ||
Sec. 174.001. DEFINITIONS. In this chapter: | ||
(1) "Authorized representative" means an individual | ||
who is authorized under state or federal law to make health care | ||
decisions on behalf of another individual. | ||
(2) "DNA" means deoxyribonucleic acid. | ||
(3) "Genetic analysis" means a test of an individual's | ||
genetic material to determine the presence or absence of genetic | ||
characteristics in an individual. | ||
(4) "Genetic characteristic" means a scientifically | ||
or medically identifiable genetic or chromosomal variation, | ||
composition, or alteration that: | ||
(A) is scientifically or medically believed to | ||
predispose an individual to a disease, disorder, or syndrome; or | ||
(B) is used to identify an individual or blood | ||
relative. | ||
(5) "Genetic information" means information related | ||
to the genetic characteristics of an individual that is derived | ||
from the results of a genetic analysis. | ||
(6) "Genetic material" means an individual's DNA, gene | ||
products, or chromosomes. | ||
Sec. 174.002. USE AND DISCLOSURE OF GENETIC MATERIAL OR | ||
GENETIC INFORMATION PROHIBITED; EXCEPTIONS. (a) Subject to other | ||
law other than Subsection (c) and unless an individual or the | ||
individual's authorized representative provides, in person or | ||
electronically, express consent, a person may not: | ||
(1) obtain the individual's genetic material or | ||
genetic information; | ||
(2) perform any analysis or test of the individual | ||
that requires the individual's genetic material; | ||
(3) retain the individual's genetic material or | ||
genetic information; or | ||
(4) disclose, including through sale or donation, the | ||
individual's genetic material or genetic information. | ||
(b) For purposes of Subsection (a), an individual or the | ||
individual's authorized representative provides, in person or | ||
electronically, express consent if, after receiving a written | ||
disclosure statement that clearly and prominently describes the | ||
manner in which the individual's genetic material or genetic | ||
information or the results of an analysis or test of the | ||
individual's genetic material or genetic information will be | ||
collected, used, retained, maintained, or disclosed, the | ||
individual or representative takes an affirmative action | ||
demonstrating an intentional decision to provide consent. The | ||
disclosure statement must at a minimum: | ||
(1) disclose the proposed use of the individual's | ||
genetic material or genetic information; | ||
(2) describe the individual's rights regarding the | ||
collection, use, retention, maintenance, or disclosure of the | ||
individual's genetic material or genetic information or the results | ||
of an analysis or test of the individual's genetic material or | ||
genetic information; | ||
(3) describe the genetic analysis, genetic | ||
collection, or other use for which the individual's genetic | ||
material or genetic information is obtained; and | ||
(4) describe the nature of the resulting genetic | ||
material or genetic information, including a DNA profile, obtained | ||
from the genetic analysis, genetic collection, or other use of | ||
genetic material. | ||
(c) The prohibitions under Subsection (a) do not apply to an | ||
individual's genetic material or genetic information that is: | ||
(1) disclosed to the individual or the individual's | ||
authorized representative; | ||
(2) obtained from the individual's treating physician | ||
for use in the screening, diagnosis, or treatment of the individual | ||
by a clinical laboratory that is certified by the Centers for | ||
Medicare and Medicaid Services; | ||
(3) disclosed as part of an authorized research | ||
project under which the identity and genetic material of the | ||
individual is de-identified in accordance with the Health Insurance | ||
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d | ||
et seq.) or 45 C.F.R. Part 46; | ||
(4) obtained or otherwise necessary for use: | ||
(A) for an authorized law enforcement purpose; | ||
(B) to comply with a court order; | ||
(C) under an administrative order to determine | ||
the paternity of an individual or for another purpose; | ||
(D) to identify a deceased individual; | ||
(E) to conduct a newborn screening test under | ||
Chapter 33; | ||
(F) to provide emergency medical services; | ||
(G) under a third-party service contract or other | ||
obligation for the storage, retrieval, handling, or transmission of | ||
the DNA or DNA record; or | ||
(H) to comply with federal law; or | ||
(5) made public by the individual. | ||
(d) Subsection (c)(2) does not waive any requirement for a | ||
physician to obtain informed consent from an individual before | ||
extracting genetic material from the individual for the performance | ||
of a genetic analysis or for another purpose. | ||
(e) Subject to Subsection (f), the use of an individual's | ||
genetic material or genetic information permitted under Subsection | ||
(c) is restricted to only that permitted use and the material or | ||
information must be destroyed or returned to the individual or the | ||
individual's authorized representative immediately on completion | ||
of the permitted use. | ||
(f) A person who obtains an individual's genetic material to | ||
perform a genetic analysis of the individual for a permitted use | ||
under Subsection (c) shall, immediately on completion of the | ||
genetic analysis, destroy the material and any genetic information | ||
obtained from the analysis unless the retention of the material or | ||
information is: | ||
(1) necessary for a permitted use under Subsection | ||
(c); or | ||
(2) specifically authorized by the individual or the | ||
individual's authorized representative. | ||
(g) An individual or the individual's authorized | ||
representative may, subject to other law, inspect, correct, or | ||
obtain the individual's genetic material or genetic information. | ||
Sec. 174.003. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person violates this chapter. | ||
(b) An offense under this section is a Class A misdemeanor | ||
punishable by: | ||
(1) for a first violation of this chapter, a fine of | ||
not less than $3,000 and not more than $4,000; and | ||
(2) for a second and each subsequent violation of this | ||
chapter, a fine of not less than $4,000 and not more than $10,000. | ||
(c) Each day a violation occurs or continues to occur | ||
constitutes a separate offense under this section. | ||
Sec. 174.004. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The | ||
attorney general may bring an action against a person who appears to | ||
be in violation of this chapter or is threatening to violate this | ||
chapter. | ||
(b) In an injunction issued under this section, a court may | ||
include reasonable requirements to prevent any further violations | ||
of this chapter. | ||
(c) In addition to the injunctive relief provided by | ||
Subsection (a), the attorney general may institute an action for | ||
civil penalties against a person for a violation of this chapter. A | ||
civil penalty assessed under this section may not be less than | ||
$4,000 or more than $10,000 for each violation. Each day a | ||
violation occurs or continues to occur is a separate violation for | ||
purposes of assessing a penalty under this subsection. | ||
(d) The attorney general may recover reasonable expenses | ||
incurred in bringing an action under this section, including court | ||
costs, attorney's fees, investigative costs, witness fees, and | ||
deposition expenses. | ||
(e) The attorney general shall file an action under this | ||
section in Travis County or in the county in which the violation | ||
occurred. | ||
(f) A civil penalty recovered in an action by the attorney | ||
general under this section shall be deposited in the general | ||
revenue fund. | ||
Sec. 174.005. PRIVATE RIGHT OF ACTION. (a) An individual | ||
whose genetic material or genetic information is obtained, used, or | ||
disclosed in violation of this chapter may bring an action to enjoin | ||
or restrain a person from committing any further violations of this | ||
chapter and may seek damages in the action. | ||
(b) A court may award a prevailing party in an action | ||
brought under this section reasonable attorney's fees and costs | ||
reasonably incurred with the action. | ||
Sec. 174.006. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY. | ||
Sovereign or governmental immunity, as applicable, of a | ||
governmental entity to suit and from liability is waived to the | ||
extent of liability created by this chapter. | ||
SECTION 2. Chapter 174, Health and Safety Code, as added by | ||
this Act, applies only to the use or disclosure of genetic material | ||
or genetic information that occurs on or after the effective date of | ||
this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |