83R12751 AJZ-F
By: Zerwas, Ratliff H.B. No. 519
Substitute the following for H.B. No. 519:
By: Harper-Brown C.S.H.B. No. 519
A BILL TO BE ENTITLED
AN ACT
relating to voluntary donations to the Glenda Dawson Donate
Life-Texas Registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 692A.020(a), (c), (d), (e), (f), (g),
(i), (k), (m), (n), (o), and (p), Health and Safety Code, are
amended to read as follows:
(a) A [The department shall contract with a] nonprofit
organization designated by the department shall [to] maintain and
administer a statewide donor registry, to be known as the Glenda
Dawson Donate Life-Texas Registry.
(c) The [department shall require the] nonprofit
organization shall [with which the department has contracted to
administer the statewide donor registry to] establish and maintain
a statewide Internet-based registry of organ, tissue, and eye
donors.
(d) The Department of Public Safety at least monthly shall
electronically transfer to the nonprofit organization
administering the registry [under contract with the department] the
name, date of birth, driver's license number, most recent address,
and any other relevant information in the possession of the
Department of Public Safety for any person who indicates on the
person's driver's license application under Section 521.401,
Transportation Code, that the person would like to make an
anatomical gift.
(e) The [contract between the department and the] nonprofit
organization administering the registry shall [must require the
organization to]:
(1) make information obtained from the Department of
Public Safety under Subsection (d) available to procurement
organizations;
(2) allow potential donors to submit information in
writing directly to the organization for inclusion in the
Internet-based registry;
(3) maintain the Internet-based registry in a manner
that allows procurement organizations to immediately access organ,
tissue, and eye donation information 24 hours a day, seven days a
week through electronic and telephonic methods; and
(4) protect the confidentiality and privacy of the
individuals providing information to the Internet-based registry,
regardless of the manner in which the information is provided.
(f) Except as otherwise provided by Subsection (e)(3) or
this subsection, the Department of Public Safety, the nonprofit
organization administering [under contract to administer] the
registry, or a procurement organization may not sell, rent, or
otherwise share any information provided to the Internet-based
registry. A procurement organization may share any information
provided to the registry with an organ procurement organization or
a health care provider or facility providing medical care to a
potential donor as necessary to properly identify an individual at
the time of donation.
(g) The Department of Public Safety, the nonprofit
organization administering [under contract with the department to
administer] the registry, or the procurement organizations may not
use any demographic or specific data provided to the Internet-based
registry for any fund-raising activities. Data may only be
transmitted from the selected organization to procurement
organizations through electronic and telephonic methods using
secure, encrypted technology to preserve the integrity of the data
and the privacy of the individuals providing information.
(i) The Glenda Dawson Donate Life-Texas Registry fund is
created as a trust fund outside the state treasury to be held by the
comptroller and administered by the department as trustee on behalf
of the statewide donor registry maintained for the benefit of the
citizens of this state. The fund is composed of money deposited to
the credit of the fund [The Department of Public Safety shall remit
to the comptroller the money collected] under Sections 502.405(b),
521.008, 521.421(g), and 521.422(c), Transportation Code, as
provided by those subsections. Money in the fund [A county
assessor-collector shall remit to the comptroller any money
collected under Section 502.1745, Transportation Code, as provided
by that section. Money remitted to the comptroller in accordance
with those sections that is appropriated to the department] shall
be disbursed at least monthly, without appropriation, to the
nonprofit organization administering the registry [under this
section under the terms of the contract between the department and
the organization] to pay the costs of:
(1) maintaining, operating, and updating the
Internet-based registry and establishing procedures for an
individual to be added to the registry;
(2) designing and distributing educational materials
for prospective donors as required under this section; and
(3) providing education under this chapter.
(k) To the extent funds are available and as part of the
donor registry program, [the department may allocate funds to] the
nonprofit organization administering the registry may [pursuant to
the contract to] educate residents about anatomical gifts. The
education provided under this section shall include information
about:
(1) the laws governing anatomical gifts, including
Subchapter Q, Chapter 521, Transportation Code, Chapter 693, and
this chapter;
(2) the procedures for becoming an organ, eye, or
tissue donor or donee; and
(3) the benefits of organ, eye, or tissue donation.
(m) The [department may require the] nonprofit organization
administering the registry may [to]:
(1) implement a training program for all appropriate
Department of Public Safety and Texas Department of Transportation
employees on the benefits of organ, tissue, and eye donation and the
procedures for individuals to be added to the Internet-based
registry; and
(2) conduct the training described by Subdivision (1)
on an ongoing basis for new employees.
(n) The [department may require the] nonprofit organization
administering the registry may [to] develop a program to educate
health care providers and attorneys in this state about anatomical
gifts.
(o) The [department shall require the] nonprofit
organization administering the registry shall [to] encourage:
(1) attorneys to provide organ donation information to
clients seeking advice for end-of-life decisions;
(2) medical and nursing schools in this state to
include mandatory organ donation education in the schools'
curricula; and
(3) medical schools in this state to require a
physician in a neurology or neurosurgery residency program to
complete an advanced course in organ donation education.
(p) The nonprofit organization administering the registry
may not [:
[(1) charge any fee for costs related to the operation
and maintenance of the registry, except as agreed in the contract
with the department; or
[(2)] use the registry to solicit voluntary donations
of money from a registrant.
SECTION 2. Section 502.405(b), Transportation Code, as
redesignated from Section 502.1745(b), Transportation Code, by
Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
Session, 2011, is reenacted to incorporate amendments to Section
502.1745(b), Transportation Code, made by Chapters 554 (H.B. 2904)
and 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
Session, 2011, and amended to read as follows:
(b) When a person applies for the registration or renewal of
registration of a motor vehicle, the person may elect to contribute
[A person may elect to pay an additional fee of] $1 to the nonprofit
organization administering [for the registration or renewal of
registration of a motor vehicle to pay the costs of] the Glenda
Dawson Donate Life-Texas Registry established under Chapter 692A,
Health and Safety Code. The county assessor-collector shall remit
any contribution paid under this subsection to the comptroller for
deposit to the credit of the Glenda Dawson Donate Life-Texas
Registry fund created under Section 692A.020, Health and Safety
Code. Before sending the money to the comptroller, the county
assessor-collector may deduct money equal to the amount of
reasonable expenses for administering this subsection, not to
exceed five percent of the money collected under this subsection.
Money received under this subsection by the organization may be
used only to manage the organization's registry, provide donor
education, and promote donor awareness. The organization shall
submit an annual report to the legislature and the comptroller that
includes the total dollar amount of money received by the
organization under this subsection. If a person makes a
contribution under this section and does not pay the full amount of
the registration fee, the county assessor-collector may credit all
or a portion of the contribution to the person's registration fee.
The department shall:
(1) include space on each motor vehicle registration
renewal notice, on the page that states the total fee for
registration renewal, that allows a person renewing a registration
to voluntarily contribute $1 to the organization; and
(2) provide an opportunity for a person to contribute
$1 to the organization during the registration renewal process on
the department's Internet website. [Notwithstanding any other
provision of this chapter, all fees collected under this subsection
shall be remitted to the comptroller, who shall maintain the
identity of the source of the fees.]
SECTION 3. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.008 to read as follows:
Sec. 521.008. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY.
(a) When a person applies for an original or renewal driver's
license under this chapter, the person may contribute $1 to the
nonprofit organization administering the Glenda Dawson Donate
Life-Texas Registry under Chapter 692A, Health and Safety Code.
(b) The department shall:
(1) include space on each application for a new or
renewal driver's license that allows a person applying for a new or
renewal driver's license to indicate that the person is voluntarily
contributing $1 to the organization; and
(2) provide an opportunity for the person to
contribute $1 to the organization during the application process
for a new or renewal driver's license on the department's Internet
website.
(c) The department shall remit any contribution made under
this section to the comptroller for deposit to the credit of the
Glenda Dawson Donate Life-Texas Registry fund created under Section
692A.020, Health and Safety Code. Before sending the money to the
comptroller, the department may deduct money equal to the amount of
reasonable expenses for administering this section, not to exceed
five percent of the money collected under this section.
(d) The organization shall submit an annual report to the
director of the department that includes the total dollar amount of
contributions received by the organization under this section.
SECTION 4. Section 521.422(c), Transportation Code, is
amended to read as follows:
(c) When a person applies [The department shall collect an
additional fee of $1] for the issuance or renewal of a personal
identification card, including a duplicate personal identification
card or a personal identification card issued or renewed over the
Internet or by other electronic means, the person may elect to
contribute $1 to the nonprofit organization administering [to pay
the costs of] the Glenda Dawson Donate Life-Texas Registry
established under Chapter 692A, Health and Safety Code[, if the
person applying for or renewing a personal identification card opts
to pay the additional fee. The department shall remit fees
collected under this subsection to the comptroller, who shall
maintain the identity of the source of the fees. Subject to
appropriation, the department may retain three percent of the money
collected under this subsection to cover the costs in administering
this subsection]. The department shall remit any contribution paid
under this subsection to the comptroller for deposit to the credit
of the Glenda Dawson Donate Life-Texas Registry fund created under
Section 692A.020, Health and Safety Code. Before sending the money
to the comptroller, the department may deduct money equal to the
amount of reasonable expenses for administering this subsection,
not to exceed five percent of the money collected under this
subsection. The organization shall submit an annual report to the
director of the department that includes the total dollar amount of
money received by the organization under this subsection.
SECTION 5. Sections 692A.020(j) and (l), Health and Safety
Code, are repealed.
SECTION 6. Section 521.008, Transportation Code, as added
by this Act, applies only to a driver's license issued or renewed on
or after January 1, 2014.
SECTION 7. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.