Texas House Bill HB2110

Texas 2011 - 82nd Regular

• Introduced: 3/3/11
• Refer: 3/8/11

Caption

Relating to a property right in certain DNA samples; providing penalties.

Impact

If enacted, HB2110 will significantly affect how DNA samples are managed under Texas law. The introduction of property rights over DNA samples means that unauthorized collection or testing could result in civil penalties based on the profits derived from the violation. The penalties are intended to deter violations and provide a framework for legal recourse in case of misuse, thus promoting accountability among entities handling such sensitive information. This bill is particularly relevant in light of ongoing debates surrounding genetic privacy and ethical considerations in genetic research and law enforcement.

Summary

House Bill 2110 establishes a clear property right over DNA samples provided by individuals, ensuring that any collection, testing, or retention of these samples cannot occur without the informed, written consent of the individual or their authorized representative. This legislation aims to protect personal genetic information and enhance individual autonomy over one's DNA. It outlines the definitions of DNA and related terms, defining an individual's rights and the legal implications associated with the misuse of DNA samples.

Sentiment

The general sentiment around HB2110 leans towards positive support from privacy advocates who view the legislation as a necessary safeguard against the unregulated use of personal DNA data. Many stakeholders believe that the bill will empower individuals by granting them rights over their own biological materials. However, there are concerns from certain law enforcement and medical sectors about the implications this could have on investigations and medical procedures where rapid access to DNA is crucial. The bill presents a balancing act between individual rights and the operational needs of various institutions.

Contention

Notable points of contention include the exemptions outlined in the bill, particularly the provisions for DNA samples collected for emergency medical treatment or law enforcement purposes. Critics argue that these exemptions may undermine the bill's intent to protect individual rights if not carefully regulated. There are also concerns about potential conflicts with existing laws and operational protocols that rely on the immediate availability of DNA samples for identification and public safety purposes. Thus, while aimed at strengthening individual rights, the bill's practical implementation will require careful consideration of public interest and safety.