Texas 2015 - 84th Regular

Texas House Bill HB3582 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8962 LED-F
2	2	By: Turner of Collin H.B. No. 3582
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a property right in certain genetic information.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subtitle I, Title 2, Health and
10	10	Safety Code, is amended to read as follows:
11	11	SUBTITLE I. MEDICAL RECORDS AND GENETIC INFORMATION
12	12	SECTION 2. Subtitle I, Title 2, Health and Safety Code, is
13	13	amended by adding Chapter 183 to read as follows:
14	14	CHAPTER 183. PROPERTY RIGHT IN CERTAIN GENETIC INFORMATION
15	15	Sec. 183.001. DEFINITIONS. In this chapter:
16	16	(1) "DNA" means deoxyribonucleic acid.
17	17	(2) "Genetic characteristic" means a scientifically
18	18	or medically identifiable genetic or chromosomal variation,
19	19	composition, or alteration that predisposes an individual to a
20	20	disease, disorder, or syndrome.
21	21	(3) "Genetic information" means information that is:
22	22	(A) obtained from or based on a scientific or
23	23	medical determination of the presence or absence in an individual
24	24	of a genetic characteristic; or
25	25	(B) derived from the results of a genetic test
26	26	performed on an individual.
27	27	(4) "Genetic material" means blood or another
28	28	biological specimen collected to conduct a genetic test.
29	29	(5) "Genetic test" means a presymptomatic laboratory
30	30	test of an individual's genes, products, or chromosomes that:
31	31	(A) analyzes the individual's DNA, RNA,
32	32	proteins, or chromosomes; and
33	33	(B) is performed to identify a genetic
34	34	characteristic.
35	35	(6) "RNA" means ribonucleic acid.
36	36	Sec. 183.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to
37	37	Subsection (b), an individual has an exclusive property right in a
38	38	sample of genetic material provided by the individual and in the
39	39	genetic information obtained as a result of a genetic test
40	40	performed on the individual's sample. A person may not, without the
41	41	informed consent of the individual or the individual's legal
42	42	guardian or authorized representative:
43	43	(1) collect a sample of genetic material from an
44	44	individual;
45	45	(2) perform a genetic test on an individual's sample;
46	46	(3) retain an individual's sample or the genetic
47	47	information obtained as a result of a genetic test performed on the
48	48	individual's sample; or
49	49	(4) disclose the genetic information obtained as a
50	50	result of a genetic test performed on an individual's sample.
51	51	(b) Notwithstanding Subsection (a) and except as provided
52	52	by Section 183.003, this chapter does not apply to a sample of
53	53	genetic material collected for:
54	54	(1) the purpose of emergency medical treatment;
55	55	(2) law enforcement purposes, including the DNA
56	56	database under Subchapter G, Chapter 411, Government Code, the
57	57	identification of a perpetrator or the investigation of a crime, or
58	58	identification of a missing, unidentified, or deceased person;
59	59	(3) the purpose of establishing paternity as
60	60	authorized under a state or federal law; or
61	61	(4) the purpose of newborn screening, in accordance
62	62	with Chapter 33.
63	63	(c) A person who has obtained the informed consent of an
64	64	individual or the individual's legal guardian or authorized
65	65	representative as required by Subsection (a) may:
66	66	(1) disclose the individual's genetic information as
67	67	authorized by Chapter 546, Insurance Code, Chapter 21, Labor Code,
68	68	or Chapter 58, Occupations Code; and
69	69	(2) retain a sample of the individual's genetic
70	70	material as authorized by Chapter 546, Insurance Code, Chapter 21,
71	71	Labor Code, or Chapter 58, Occupations Code.
72	72	(d) A general authorization for the release of an
73	73	individual's medical records does not constitute the informed
74	74	consent required by Subsection (a). An individual may revoke or
75	75	amend consent given under Subsection (a) at any time.
76	76	Sec. 183.003. CONFIDENTIALITY. (a) A person who obtains
77	77	genetic information for a purpose listed under Section 183.002(b)
78	78	may not disclose the genetic information for any other purpose.
79	79	(b) A person who holds genetic information about an
80	80	individual may not disclose or be compelled to disclose, by
81	81	subpoena or otherwise, that information without the informed
82	82	consent of the individual as provided by Section 183.002.
83	83	(c) This section applies to a redisclosure of genetic
84	84	information by a secondary recipient of the information after
85	85	disclosure of the information by an initial recipient. A person may
86	86	not redisclose genetic information without the informed consent of
87	87	the individual under Section 183.002.
88	88	Sec. 183.004. LIABILITY FOR VIOLATION OF CHAPTER. (a) A
89	89	person who violates Section 183.002 with respect to a sample of an
90	90	individual's genetic material or genetic information obtained as a
91	91	result of a genetic test performed on the individual's sample is
92	92	liable to the individual for:
93	93	(1) the amount of the individual's actual damages
94	94	sustained as a result of the violation; and
95	95	(2) the amount of any profits that are attributable to
96	96	the violation.
97	97	(b) It is a defense to a civil action for damages under this
98	98	chapter that the defendant obtained the informed consent of the
99	99	individual or the individual's legal guardian or authorized
100	100	representative required by Section 183.002(a).
101	101	Sec. 183.005. DISCRIMINATORY USE OF GENETIC INFORMATION
102	102	PROHIBITED. A person who receives state or federal funding may not
103	103	discriminate or retaliate against an individual on the basis of the
104	104	refusal of the individual to give informed consent under this
105	105	chapter.
106	106	SECTION 3. Section 546.051(a), Insurance Code, is amended
107	107	to read as follows:
108	108	(a) A health benefit plan issuer that requests an applicant
109	109	for coverage under the plan to submit to a genetic test in
110	110	connection with the application for coverage for a purpose not
111	111	prohibited under Section 546.052 must:
112	112	(1) notify the applicant that the test is required;
113	113	(2) disclose to the applicant the proposed use of the
114	114	test results; and
115	115	(3) obtain the applicant's [written] informed consent
116	116	as provided by Chapter 183, Health and Safety Code, before the test
117	117	is administered.
118	118	SECTION 4. Subchapter H, Chapter 21, Labor Code, is amended
119	119	by adding Section 21.4015 to read as follows:
120	120	Sec. 21.4015. INFORMED CONSENT. An employer, labor
121	121	organization, or employment agency may not obtain an individual's
122	122	genetic information without the informed consent of the individual
123	123	as provided by Chapter 183, Health and Safety Code.
124	124	SECTION 5. Subchapter B, Chapter 58, Occupations Code, is
125	125	amended by adding Section 58.0515 to read as follows:
126	126	Sec. 58.0515. INFORMED CONSENT. A licensing authority may
127	127	not obtain an individual's genetic information without the informed
128	128	consent of the individual as provided by Chapter 183, Health and
129	129	Safety Code.
130	130	SECTION 6. Chapter 183, Health and Safety Code, as added by
131	131	this Act, applies only to a sample of genetic material collected or
132	132	provided on or after the effective date of this Act and genetic
133	133	information obtained as a result of a genetic test performed on that
134	134	sample. A sample of genetic material collected or provided before
135	135	the effective date of this Act and genetic information obtained as a
136	136	result of a genetic test performed on that sample are governed by
137	137	the law in effect immediately before that date, and that law is
138	138	continued in effect for that purpose.
139	139	SECTION 7. This Act takes effect September 1, 2015.