84R21159 SCL-F
By: Zerwas, et al. H.B. No. 3283
Substitute the following for H.B. No. 3283:
By: Pickett C.S.H.B. No. 3283
A BILL TO BE ENTITLED
AN ACT
relating to contributions and registrations for an anatomical gift
registry; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 502.405, Transportation
Code, is amended to read as follows:
Sec. 502.405. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY
[EDUCATION, AWARENESS, AND REGISTRY PROGRAM].
SECTION 2. Sections 502.405(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department shall provide to each county
assessor-collector the educational materials for prospective
donors provided under Section 502.189 [as required by the Donor
Education, Awareness, and Registry Program of Texas under Chapter
49, Health and Safety Code. The educational materials shall be
made available in each office authorized to accept applications for
registration of motor vehicles].
(b) When a person applies for the registration or renewal of
registration of a motor vehicle, the person may elect to contribute
$1 or more to the nonprofit organization administering the Glenda
Dawson Donate Life-Texas Registry established under Chapter 692A,
Health and Safety Code. 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. Money received under this subsection by the organization may
be used only for the purposes described by Section 692A.020(i),
Health and Safety Code [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 department 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 or more to the organization;
(2) provide an opportunity for a person to contribute
$1 or more to the organization during the registration renewal
process on the department's Internet website; and
(3) provide an opportunity to contribute $1 or more to
the organization in any registration renewal system that succeeds
the registration renewal system in place on September 1, 2015
[2013].
SECTION 3. Section 521.008(a), Transportation Code, as
added by Chapter 121 (S.B. 1815), Acts of the 83rd Legislature,
Regular Session, 2013, is amended to read as follows:
(a) When a person applies for an original or renewal
driver's license under this chapter, the person may contribute $1
or more to the nonprofit organization administering the Glenda
Dawson Donate Life-Texas Registry under Chapter 692A, Health and
Safety Code.
SECTION 4. Section 521.126, Transportation Code, is amended
by amending Subsections (b) and (i) and adding Subsection (n) to
read as follows:
(b) Except as provided by Subsections (d), (e), (e-1), (g),
(i), [and] (j), and (n), and Section 501.101, Business & Commerce
Code, a person commits an offense if the person:
(1) accesses or uses electronically readable
information derived from a driver's license, commercial driver's
license, or personal identification certificate; or
(2) compiles or maintains a database of electronically
readable information derived from driver's licenses, commercial
driver's licenses, or personal identification certificates.
(i) The prohibition provided by Subsection (b) does not
apply to a health care provider or hospital that accesses, uses,
compiles, or maintains a database of the information to provide
health care services to the individual who holds the driver's
license, commercial driver's license, or personal identification
certificate. If an individual objects to the collection of
information under this subsection, the health care provider or
hospital must use an alternative method to collect the individual's
information.
(n) The prohibition provided by Subsection (b) does not
apply to the nonprofit organization administering the Glenda Dawson
Donate Life-Texas Registry under Section 692A.020, Health and
Safety Code, or an organ procurement organization, tissue bank, or
eye bank, as those terms are defined by Section 692A.002, Health and
Safety Code, for the purpose of scanning the individual's
information on the individual's driver's license, commercial
driver's license, or personal identification certificate to
register the individual as an anatomical gift donor. Before
transmitting information scanned under this subsection, the
nonprofit organization, organ procurement organization, tissue
bank, or eye bank shall:
(1) notify the individual of the registry's purpose
and the purposes for which the information will be used;
(2) require the individual to verify the accuracy of
the information; and
(3) require the individual to affirm consent to make
an anatomical gift through the individual's use of the individual's
electronic signature.
SECTION 5. Section 521.422(c), Transportation Code, is
amended to read as follows:
(c) When a person applies 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 or more to the nonprofit organization
administering the Glenda Dawson Donate Life-Texas Registry
established under Chapter 692A, Health and Safety Code. 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 6. Section 522.021, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) When the department issues a license to which this
section applies, the department shall provide the person to whom
the license is issued with written information about the Glenda
Dawson Donate Life-Texas Registry operated under Chapter 692A,
Health and Safety Code.
SECTION 7. Chapter 522, Transportation Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. ANATOMICAL GIFTS
Sec. 522.151. DEFINITION. In this subchapter, "registry"
means the Glenda Dawson Donate Life-Texas Registry established
under Section 692A.020, Health and Safety Code.
Sec. 522.152. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY.
(a) When an individual applies for an original or renewal
commercial driver's license under this chapter, the individual may
contribute $1 or more to the nonprofit organization administering
the registry.
(b) The department shall:
(1) include space on each application for a new or
renewal commercial driver's license that allows an individual
applying for a new or renewal commercial driver's license to
indicate that the individual is voluntarily contributing $1 or more
to the organization; and
(2) provide an opportunity for the individual to
contribute $1 or more to the organization during the application
process for a new or renewal commercial 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 an amount, not to exceed
five percent of the money collected under this section, for the
reasonable expenses incurred by the department in administering
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.
Sec. 522.153. STATEMENT OF GIFT; PROVISION OF REGISTRY
INFORMATION. (a) An individual who wishes to be an organ, tissue,
or eye donor may execute a statement of gift.
(b) The statement of gift may be shown on a donor's
commercial driver's license or by a card designed to be carried by
the donor to evidence the donor's consent with respect to organ,
tissue, and eye donation. A donor card signed by the donor shall be
given effect as if executed under Section 692A.005, Health and
Safety Code.
(c) The donor registry or organ procurement organizations,
tissue banks, or eye banks, as those terms are defined by Section
692A.002, Health and Safety Code, shall provide donor registry
information to the department and the Texas Department of
Transportation. The department, with expert input and support
from the nonprofit organization administering the registry, shall:
(1) provide to each applicant for the issuance of an
original, renewal, corrected, or duplicate commercial driver's
license who applies in person, by mail, over the Internet, or by
other electronic means:
(A) the opportunity to indicate on the person's
commercial driver's license or personal identification certificate
that the person is willing to make an anatomical gift, in the event
of death, in accordance with Section 692A.005, Health and Safety
Code; and
(B) an opportunity for the individual to consent
to inclusion in the registry and release to procurement
organizations in the manner provided by Subsection (d); and
(2) provide a means to distribute registry information
to interested individuals in each office authorized to issue
commercial driver's licenses.
(d) The department shall:
(1) specifically ask each applicant only the question,
"Would you like to register as an organ donor?"; and
(2) if the applicant responds affirmatively to the
question asked under Subdivision (1), provide the individual's
name, date of birth, commercial driver's license number, most
recent address, and other information needed for identification
purposes at the time of donation to the nonprofit organization
contracted to maintain the registry for inclusion in the registry.
(e) An affirmative statement of gift on an individual's
commercial driver's license executed after August 31, 2015, shall
be conclusive evidence of a decedent's status as a donor and serve
as consent for organ, tissue, and eye removal.
(f) The department shall distribute at all field offices
Donate Life brochures that provide basic donation information in
English and Spanish and include a contact phone number and e-mail
address. The department shall include the question required under
Subsection (d)(1) and information on the donor registry Internet
website in renewal notices.
Sec. 522.154. REVOCATION OF STATEMENT OF GIFT. (a) To
revoke an affirmative statement of gift on an individual's
commercial driver's license, the individual must apply to the
department for an amendment to the license.
(b) The fee for an amendment is the same as the fee for a
duplicate license.
(c) To have an individual's name removed from the registry,
the individual must provide written notice to the nonprofit
organization selected under Chapter 692A, Health and Safety Code,
to maintain the registry directing the removal of the individual's
name from the registry. On receipt of a written notice under this
subsection, the organization shall promptly remove the
individual's name and information from the registry.
SECTION 8. Section 521.126(k), Transportation Code, is
repealed.
SECTION 9. This Act takes effect January 1, 2016.