Bill Text: TX SB2086 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to a property right in DNA; providing injunctive relief and a civil penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-17 - Referred to Business & Industry [SB2086 Detail]
Download: Texas-2023-SB2086-Engrossed.html
| By: Kolkhorst | S.B. No. 2086 | |
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| relating to a property right in DNA; providing injunctive relief | ||
| and a civil penalty; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 1, Property Code, is amended by adding | ||
| Chapter 3 to read as follows: | ||
| CHAPTER 3. PROPERTY RIGHT IN DNA | ||
| Sec. 3.001. DEFINITIONS. In this chapter: | ||
| (1) "DNA" means deoxyribonucleic acid. | ||
| (2) "DNA sample" means a blood sample or other | ||
| biological sample or specimen provided by an individual for the | ||
| purpose of conducting DNA analysis or storage. | ||
| (3) "Genetic characteristic" means a scientifically | ||
| or medically identifiable genetic or chromosomal variation, | ||
| composition, or alteration that predisposes an individual to a | ||
| disease, disorder, or syndrome. | ||
| (4) "Genetic test" means a presymptomatic laboratory | ||
| test of an individual's genes, products, or chromosomes that: | ||
| (A) analyzes the individual's DNA, RNA, | ||
| proteins, or chromosomes; and | ||
| (B) is performed to identify a genetic | ||
| characteristic. | ||
| (5) "RNA" means ribonucleic acid. | ||
| Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to | ||
| Subsection (b), an individual has an exclusive property right in | ||
| the individual's unique DNA. A person may not, without the | ||
| informed, written consent of the individual or the individual's | ||
| legal guardian or authorized representative: | ||
| (1) collect a DNA sample from an individual; | ||
| (2) perform a genetic test on an individual's DNA | ||
| sample; | ||
| (3) retain an individual's DNA sample; | ||
| (4) alter or modify an individual's DNA; | ||
| (5) sell or otherwise transfer to another person an | ||
| individual's DNA sample; or | ||
| (6) make available or allow to be made available to | ||
| another person an individual's DNA sample. | ||
| (b) Notwithstanding Subsection (a), this chapter does not | ||
| apply to a DNA sample collected for: | ||
| (1) the purpose of emergency medical treatment; | ||
| (2) the purpose of determining paternity; | ||
| (3) law enforcement purposes, including the | ||
| identification of a perpetrator, the investigation of a crime, or | ||
| the identification of a missing, unidentified, or deceased person; | ||
| or | ||
| (4) any other similar use under the laws of this state | ||
| or another jurisdiction. | ||
| Sec. 3.003. CIVIL PENALTY; INJUNCTION. (a) A person who | ||
| violates Section 3.002 is liable to the state for a civil penalty | ||
| not to exceed the amount of any profits that are attributable to the | ||
| violation. The amount of profits under this subsection may be | ||
| established by showing the gross revenue attributable to the | ||
| unauthorized use minus any expenses that the person who committed | ||
| the unauthorized use may prove. | ||
| (b) Subject to Subsection (a), the amount of a civil penalty | ||
| under this section shall be based on: | ||
| (1) the seriousness of the violation, including the | ||
| nature, circumstances, extent, and gravity of the violation; | ||
| (2) the economic harm caused by the violation; | ||
| (3) the history of previous violations; | ||
| (4) the amount necessary to deter a future violation; | ||
| (5) efforts to correct the violation; and | ||
| (6) any other matter that justice may require. | ||
| (c) If it appears that a person has violated Section 3.002, | ||
| the attorney general may institute an action for a civil penalty, | ||
| injunctive relief, or both. | ||
| (d) The attorney general may recover reasonable attorney's | ||
| fees and expenses and court costs incurred in recovering a civil | ||
| penalty or obtaining injunctive relief under this section. | ||
| Sec. 3.004. CRIMINAL PENALTY. A person commits an offense | ||
| if the person, with criminal negligence, violates Section 3.002. | ||
| An offense under this section is a Class A misdemeanor. | ||
| SECTION 2. Chapter 3, Property Code, as added by this Act, | ||
| does not apply to the use or retention of a DNA sample collected or | ||
| provided before the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
