Texas 2015 - 84th Regular

Texas House Bill HB3283 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Zerwas, et al. (Senate Sponsor - Zaffirini) H.B. No. 3283
2		-	(In the Senate - Received from the House April 27, 2015;
3		-	May 18, 2015, read first time and referred to Committee on
4		-	Transportation; May 21, 2015, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 21, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3283
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to contributions and registrations for an anatomical gift
12	6		registry; authorizing a fee.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. The heading to Section 502.405, Transportation
15	9		Code, is amended to read as follows:
16	10		Sec. 502.405. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY
17	11		[EDUCATION, AWARENESS, AND REGISTRY PROGRAM].
18	12		SECTION 2. Sections 502.405(a) and (b), Transportation
19	13		Code, are amended to read as follows:
20	14		(a) The department shall provide to each county
21	15		assessor-collector the educational materials for prospective
22	16		donors provided under Section 502.189 [as required by the Donor
23	17		Education, Awareness, and Registry Program of Texas under Chapter
24	18		49, Health and Safety Code. The educational materials shall be
25	19		made available in each office authorized to accept applications for
26	20		registration of motor vehicles].
27	21		(b) When a person applies for the registration or renewal of
28	22		registration of a motor vehicle, the person may elect to contribute
29	23		$1 or more to the nonprofit organization administering the Glenda
30	24		Dawson Donate Life-Texas Registry established under Chapter 692A,
31	25		Health and Safety Code. The department shall remit any
32	26		contribution paid under this subsection to the comptroller for
33	27		deposit to the credit of the Glenda Dawson Donate Life-Texas
34	28		Registry fund created under Section 692A.020, Health and Safety
35	29		Code. Money received under this subsection by the organization may
36	30		be used only for the purposes described by Section 692A.020(i),
37	31		Health and Safety Code [to manage the organization's registry,
38	32		provide donor education, and promote donor awareness]. The
39	33		organization shall submit an annual report to the legislature and
40	34		the comptroller that includes the total dollar amount of money
41	35		received by the organization under this subsection. If a person
42	36		makes a contribution under this section and does not pay the full
43	37		amount of the registration fee, the department may credit all or a
44	38		portion of the contribution to the person's registration fee. The
45	39		department shall:
46	40		(1) include space on each motor vehicle registration
47	41		renewal notice, on the page that states the total fee for
48	42		registration renewal, that allows a person renewing a registration
49	43		to voluntarily contribute $1 or more to the organization;
50	44		(2) provide an opportunity for a person to contribute
51	45		$1 or more to the organization during the registration renewal
52	46		process on the department's Internet website; and
53	47		(3) provide an opportunity to contribute $1 or more to
54	48		the organization in any registration renewal system that succeeds
55	49		the registration renewal system in place on September 1, 2015
56	50		[2013].
57	51		SECTION 3. Section 521.008(a), Transportation Code, as
58	52		added by Chapter 121 (S.B. 1815), Acts of the 83rd Legislature,
59	53		Regular Session, 2013, is amended to read as follows:
60	54		(a) When a person applies for an original or renewal
61	55		driver's license under this chapter, the person may contribute $1
62	56		or more to the nonprofit organization administering the Glenda
63	57		Dawson Donate Life-Texas Registry under Chapter 692A, Health and
64	58		Safety Code.
65	59		SECTION 4. Section 521.126, Transportation Code, is amended
66	60		by amending Subsections (b) and (i) and adding Subsection (n) to
67	61		read as follows:
68	62		(b) Except as provided by Subsections (d), (e), (e-1), (g),
69	63		(i), [and] (j), and (n), and Section 501.101, Business & Commerce
70	64		Code, a person commits an offense if the person:
71	65		(1) accesses or uses electronically readable
72	66		information derived from a driver's license, commercial driver's
73	67		license, or personal identification certificate; or
74	68		(2) compiles or maintains a database of electronically
75	69		readable information derived from driver's licenses, commercial
76	70		driver's licenses, or personal identification certificates.
77	71		(i) The prohibition provided by Subsection (b) does not
78	72		apply to a health care provider or hospital that accesses, uses,
79	73		compiles, or maintains a database of the information to provide
80	74		health care services to the individual who holds the driver's
81	75		license, commercial driver's license, or personal identification
82	76		certificate. If an individual objects to the collection of
83	77		information under this subsection, the health care provider or
84	78		hospital must use an alternative method to collect the individual's
85	79		information.
86	80		(n) The prohibition provided by Subsection (b) does not
87	81		apply to the nonprofit organization administering the Glenda Dawson
88	82		Donate Life-Texas Registry under Section 692A.020, Health and
89	83		Safety Code, or an organ procurement organization, tissue bank, or
90	84		eye bank, as those terms are defined by Section 692A.002, Health and
91	85		Safety Code, for the purpose of scanning the individual's
92	86		information on the individual's driver's license, commercial
93	87		driver's license, or personal identification certificate to
94	88		register the individual as an anatomical gift donor. Before
95	89		transmitting information scanned under this subsection, the
96	90		nonprofit organization, organ procurement organization, tissue
97	91		bank, or eye bank shall:
98	92		(1) notify the individual of the registry's purpose
99	93		and the purposes for which the information will be used;
100	94		(2) require the individual to verify the accuracy of
101	95		the information; and
102	96		(3) require the individual to affirm consent to make
103	97		an anatomical gift through the individual's use of the individual's
104	98		electronic signature.
105	99		SECTION 5. Section 521.422(c), Transportation Code, is
106	100		amended to read as follows:
107	101		(c) When a person applies for the issuance or renewal of a
108	102		personal identification card, including a duplicate personal
109	103		identification card or a personal identification card issued or
110	104		renewed over the Internet or by other electronic means, the person
111	105		may elect to contribute $1 or more to the nonprofit organization
112	106		administering the Glenda Dawson Donate Life-Texas Registry
113	107		established under Chapter 692A, Health and Safety Code. The
114	108		department shall remit any contribution paid under this subsection
115	109		to the comptroller for deposit to the credit of the Glenda Dawson
116	110		Donate Life-Texas Registry fund created under Section 692A.020,
117	111		Health and Safety Code. Before sending the money to the
118	112		comptroller, the department may deduct money equal to the amount of
119	113		reasonable expenses for administering this subsection, not to
120	114		exceed five percent of the money collected under this
121	115		subsection. The organization shall submit an annual report to the
122	116		director of the department that includes the total dollar amount of
123	117		money received by the organization under this subsection.
124	118		SECTION 6. Section 522.021, Transportation Code, is amended
125	119		by adding Subsection (e) to read as follows:
126	120		(e) When the department issues a license to which this
127	121		section applies, the department shall provide the person to whom
128	122		the license is issued with written information about the Glenda
129	123		Dawson Donate Life-Texas Registry operated under Chapter 692A,
130	124		Health and Safety Code.
131	125		SECTION 7. Chapter 522, Transportation Code, is amended by
132	126		adding Subchapter J to read as follows:
133	127		SUBCHAPTER J. ANATOMICAL GIFTS
134	128		Sec. 522.151. DEFINITION. In this subchapter, "registry"
135	129		means the Glenda Dawson Donate Life-Texas Registry established
136	130		under Section 692A.020, Health and Safety Code.
137	131		Sec. 522.152. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY.
138	132		(a) When an individual applies for an original or renewal
139	133		commercial driver's license under this chapter, the individual may
140	134		contribute $1 or more to the nonprofit organization administering
141	135		the registry.
142	136		(b) The department shall:
143	137		(1) include space on each application for a new or
144	138		renewal commercial driver's license that allows an individual
145	139		applying for a new or renewal commercial driver's license to
146	140		indicate that the individual is voluntarily contributing $1 or more
147	141		to the organization; and
148	142		(2) provide an opportunity for the individual to
149	143		contribute $1 or more to the organization during the application
150	144		process for a new or renewal commercial driver's license on the
151	145		department's Internet website.
152	146		(c) The department shall remit any contribution made under
153	147		this section to the comptroller for deposit to the credit of the
154	148		Glenda Dawson Donate Life-Texas Registry fund created under Section
155	149		692A.020, Health and Safety Code. Before sending the money to the
156	150		comptroller, the department may deduct an amount, not to exceed
157	151		five percent of the money collected under this section, for the
158	152		reasonable expenses incurred by the department in administering
159	153		this section.
160	154		(d) The organization shall submit an annual report to the
161	155		director of the department that includes the total dollar amount of
162	156		contributions received by the organization under this section.
163	157		Sec. 522.153. STATEMENT OF GIFT; PROVISION OF REGISTRY
164	158		INFORMATION. (a) An individual who wishes to be an organ, tissue,
165	159		or eye donor may execute a statement of gift.
166	160		(b) The statement of gift may be shown on a donor's
167	161		commercial driver's license or by a card designed to be carried by
168	162		the donor to evidence the donor's consent with respect to organ,
169	163		tissue, and eye donation. A donor card signed by the donor shall be
170	164		given effect as if executed under Section 692A.005, Health and
171	165		Safety Code.
172	166		(c) The donor registry or organ procurement organizations,
173	167		tissue banks, or eye banks, as those terms are defined by Section
174	168		692A.002, Health and Safety Code, shall provide donor registry
175	169		information to the department and the Texas Department of
176	170		Transportation. The department, with expert input and support
177	171		from the nonprofit organization administering the registry, shall:
178	172		(1) provide to each applicant for the issuance of an
179	173		original, renewal, corrected, or duplicate commercial driver's
180	174		license who applies in person, by mail, over the Internet, or by
181	175		other electronic means:
182	176		(A) the opportunity to indicate on the person's
183	177		commercial driver's license or personal identification certificate
184	178		that the person is willing to make an anatomical gift, in the event
185	179		of death, in accordance with Section 692A.005, Health and Safety
186	180		Code; and
187	181		(B) an opportunity for the individual to consent
188	182		to inclusion in the registry and release to procurement
189	183		organizations in the manner provided by Subsection (d); and
190	184		(2) provide a means to distribute registry information
191	185		to interested individuals in each office authorized to issue
192	186		commercial driver's licenses.
193	187		(d) The department shall:
194	188		(1) specifically ask each applicant only the question,
195	189		"Would you like to register as an organ donor?"; and
196	190		(2) if the applicant responds affirmatively to the
197	191		question asked under Subdivision (1), provide the individual's
198	192		name, date of birth, commercial driver's license number, most
199	193		recent address, and other information needed for identification
200	194		purposes at the time of donation to the nonprofit organization
201	195		contracted to maintain the registry for inclusion in the registry.
202	196		(e) An affirmative statement of gift on an individual's
203	197		commercial driver's license executed after August 31, 2015, shall
204	198		be conclusive evidence of a decedent's status as a donor and serve
205	199		as consent for organ, tissue, and eye removal.
206	200		(f) The department shall distribute at all field offices
207	201		Donate Life brochures that provide basic donation information in
208	202		English and Spanish and include a contact phone number and e-mail
209	203		address. The department shall include the question required under
210	204		Subsection (d)(1) and information on the donor registry Internet
211	205		website in renewal notices.
212	206		Sec. 522.154. REVOCATION OF STATEMENT OF GIFT. (a) To
213	207		revoke an affirmative statement of gift on an individual's
214	208		commercial driver's license, the individual must apply to the
215	209		department for an amendment to the license.
216	210		(b) The fee for an amendment is the same as the fee for a
217	211		duplicate license.
218	212		(c) To have an individual's name removed from the registry,
219	213		the individual must provide written notice to the nonprofit
220	214		organization selected under Chapter 692A, Health and Safety Code,
221	215		to maintain the registry directing the removal of the individual's
222	216		name from the registry. On receipt of a written notice under this
223	217		subsection, the organization shall promptly remove the
224	218		individual's name and information from the registry.
225	219		SECTION 8. Section 521.126(k), Transportation Code, is
226	220		repealed.
227	221		SECTION 9. This Act takes effect January 1, 2016.
228		-	* * * * *
	222	+	______________________________ ______________________________
	223	+	President of the Senate Speaker of the House
	224	+	I certify that H.B. No. 3283 was passed by the House on April
	225	+	23, 2015, by the following vote: Yeas 137, Nays 2, 2 present, not
	226	+	voting.
	227	+	______________________________
	228	+	Chief Clerk of the House
	229	+	I certify that H.B. No. 3283 was passed by the Senate on May
	230	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	231	+	______________________________
	232	+	Secretary of the Senate
	233	+	APPROVED: _____________________
	234	+	Date
	235	+	_____________________
	236	+	Governor