Texas 2017 - 85th Regular

Texas House Bill HB1938 Compare Versions

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

Old	New	Differences
1	1	85R7950 AJZ-F
2	2	By: Villalba H.B. No. 1938
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain registrations for the anatomical gift registry.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 502.189(b), Transportation Code, is
10	10	amended to read as follows:
11	11	(b) The department shall make available for distribution to
12	12	each office authorized to issue motor vehicle registrations Donate
13	13	Life brochures that provide basic donor information in English and
14	14	Spanish and a contact phone number and e-mail address. The
15	15	department shall ensure that the question provided in Section
16	16	521.401(c-1) [521.401(c)(1)(B)] and information on the donor
17	17	registry Internet website is included with registration renewal
18	18	notices.
19	19	SECTION 2. Sections 521.401(c), (c-1), and (e),
20	20	Transportation Code, are amended to read as follows:
21	21	(c) Donor registry information shall be provided to the
22	22	department and the Texas Department of Transportation by organ
23	23	procurement organizations, tissue banks, or eye banks, as those
24	24	terms are defined in Section 692A.002, Health and Safety Code, or by
25	25	the Glenda Dawson Donate Life-Texas Registry operated under Chapter
26	26	692A, Health and Safety Code. The department, with expert input and
27	27	support from the nonprofit organization administering the Glenda
28	28	Dawson Donate Life-Texas Registry, shall:
29	29	(1) provide to each applicant for the issuance of an
30	30	original, renewal, corrected, or duplicate driver's license or
31	31	personal identification certificate who applies in person, by mail,
32	32	over the Internet, or by other electronic means:
33	33	(A) if the applicant is younger than 18 years of
34	34	age:
35	35	(i) the opportunity to indicate on the
36	36	person's driver's license or personal identification certificate
37	37	that the person is willing to make an anatomical gift, in the event
38	38	of death, in accordance with Section 692A.005, Health and Safety
39	39	Code; and
40	40	(ii) [(B)] an opportunity for the person to
41	41	consent to inclusion in the statewide Internet-based registry of
42	42	organ, tissue, and eye donors and release to procurement
43	43	organizations in the manner provided by Subsection (c-1); and
44	44	(B) if the applicant is 18 years of age or older:
45	45	(i) the opportunity to refuse to indicate
46	46	on the person's driver's license or personal identification
47	47	certificate that the person is willing to make an anatomical gift,
48	48	in the event of death, in accordance with Section 692A.005, Health
49	49	and Safety Code; and
50	50	(ii) an opportunity for the person to
51	51	refuse to consent to inclusion in the statewide Internet-based
52	52	registry of organ, tissue, and eye donors and release to
53	53	procurement organizations in the manner provided by Subsection
54	54	(c-1); and
55	55	(2) provide a means to distribute donor registry
56	56	information to interested individuals in each office authorized to
57	57	issue driver's licenses or personal identification certificates.
58	58	(c-1) The department shall:
59	59	(1) for an applicant younger than 18 years of age:
60	60	(A) specifically ask each applicant only the
61	61	question, "Would you like to register as an organ donor?"; and
62	62	(B) [(2)] if the applicant responds
63	63	affirmatively to the question asked under Paragraph (A)
64	64	[Subdivision (1)], provide the person's name, date of birth,
65	65	driver's license number, most recent address, and other information
66	66	needed for identification purposes at the time of donation to the
67	67	nonprofit organization contracted to maintain the statewide donor
68	68	registry under Section 692A.020, Health and Safety Code, for
69	69	inclusion in the registry; and
70	70	(2) for an applicant who is 18 years of age or older:
71	71	(A) specifically ask each applicant the
72	72	question, "Would you like to refuse to join the organ donor
73	73	registry?" and state, "If you answer 'no' to the previous question
74	74	or do not answer the previous question, you consent to join the
75	75	organ donor registry by performing either of those actions."; and
76	76	(B) if the applicant does not affirmatively
77	77	refuse to be included in the registry under Paragraph (A), provide
78	78	the person's name, date of birth, driver's license number, most
79	79	recent address, and other information needed for identification
80	80	purposes at the time of donation to the nonprofit organization
81	81	contracted to maintain the statewide donor registry under Section
82	82	692A.020, Health and Safety Code, for inclusion in the registry.
83	83	(e) The department shall distribute at all field offices
84	84	Donate Life brochures that provide basic donation information in
85	85	English and Spanish and include a contact phone number and e-mail
86	86	address. The department shall include the question required under
87	87	Subsection (c-1) [(c)(1)(B)] and information on the donor registry
88	88	Internet website in renewal notices.
89	89	SECTION 3. Section 692A.005(a), Health and Safety Code, is
90	90	amended to read as follows:
91	91	(a) A donor may make an anatomical gift:
92	92	(1) on inclusion in the Glenda Dawson Donate
93	93	Life-Texas Registry, as demonstrated by [authorizing] a statement
94	94	or symbol indicating that the donor has made an anatomical gift [to
95	95	be] imprinted on the donor's driver's license or identification
96	96	card in the manner described by Section 521.401, Transportation
97	97	Code;
98	98	(2) in a will;
99	99	(3) during a terminal illness or injury of the donor,
100	100	by any form of communication addressed to at least two adults, at
101	101	least one of whom is a disinterested witness; or
102	102	(4) as provided in Subsection (b).
103	103	SECTION 4. Section 692A.007(a), Health and Safety Code, is
104	104	amended to read as follows:
105	105	(a) An individual may refuse to make an anatomical gift of
106	106	the individual's body or part by:
107	107	(1) a record signed by:
108	108	(A) the individual; or
109	109	(B) subject to Subsection (b), another
110	110	individual acting at the direction of the individual if the
111	111	individual is physically unable to sign;
112	112	(2) the individual's will, whether or not the will is
113	113	admitted to probate or invalidated after the individual's death;
114	114	[or]
115	115	(3) any form of communication made by the individual
116	116	during the individual's terminal illness or injury addressed to at
117	117	least two adults, at least one of whom is a disinterested witness;
118	118	or
119	119	(4) the individual's application for an original,
120	120	renewal, corrected, or duplicate driver's license or personal
121	121	identification certificate, in the manner described by Section
122	122	521.401, Transportation Code, if the individual is 18 years of age
123	123	or older.
124	124	SECTION 5. The changes in law made by this Act apply only to
125	125	a driver's license or personal identification certificate for which
126	126	an application is submitted on or after the effective date of this
127	127	Act. A driver's license or personal identification certificate for
128	128	which an application was submitted before the effective date of
129	129	this Act is governed by the law as it existed immediately before the
130	130	effective date of this Act, and that law is continued in effect for
131	131	that purpose.
132	132	SECTION 6. This Act takes effect September 1, 2017.