82R9672 TJS-D
By: Kolkhorst H.B. No. 2110
A BILL TO BE ENTITLED
AN ACT
relating to a property right in certain DNA samples; providing
penalties.
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 CERTAIN DNA SAMPLES
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) "Property right" means the property right created
by this chapter.
(6) "RNA" means ribonucleic acid.
Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to
Subsection (b), an individual has an exclusive property right in a
DNA sample provided by the individual. 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; or
(3) retain an individual's DNA sample.
(b) Notwithstanding Subsection (a), this chapter does not
apply to:
(1) a DNA sample collected for the purpose of
emergency medical treatment;
(2) a DNA sample collected for law enforcement
purposes, including the identification of a perpetrator and the
investigation of a crime, or identification of a missing,
unidentified, or deceased person; or
(3) any other similar use of a DNA sample 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,
applies only to a DNA sample collected or provided on or after the
effective date of this Act. A DNA sample collected or provided
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.