Bill Text: TX SB962 | 2021-2022 | 87th Legislature | Engrossed
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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2021-05-17 - Referred to Public Health [SB962 Detail]
Download: Texas-2021-SB962-Engrossed.html
| By: Hughes | S.B. No. 962 | |
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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 a genetic analysis of the individual or | ||
| any other 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 a genetic analysis or other analysis | ||
| or test of the individual 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 a genetic analysis or other analysis or test of the individual; | ||
| (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 is a | ||
| separate violation for purposes of assessing a penalty 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, 2021. | ||
