Texas 2019 - 86th Regular

Texas House Bill HB609 Compare Versions

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

Old	New	Differences
1	1	86R4955 SRA-F
2	2	By: Thierry H.B. No. 609
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 include a statement
36	36	or symbol imprinted [indicate] on the person's driver's license or
37	37	personal identification certificate indicating that the person is
38	38	willing to make an anatomical gift, in the event of death, in
39	39	accordance with Section 692A.005, Health and Safety Code; and
40	40	(ii) [(B)] an opportunity for the person to
41	41	consent to inclusion of the person's information in the statewide
42	42	Internet-based registry of organ, tissue, and eye donors and
43	43	release of the information to procurement organizations in the
44	44	manner provided by Subsection (c-1); and
45	45	(B) if the applicant is 18 years of age or older:
46	46	(i) the opportunity to refuse inclusion of
47	47	a statement or symbol imprinted on the person's driver's license or
48	48	personal identification certificate indicating that the person is
49	49	willing to make an anatomical gift, in the event of death, in
50	50	accordance with Section 692A.005, Health and Safety Code; and
51	51	(ii) an opportunity for the person to
52	52	refuse consent for inclusion of the person's information in the
53	53	statewide Internet-based registry of organ, tissue, and eye donors
54	54	and for release of the information to procurement organizations in
55	55	the manner provided by Subsection (c-1); and
56	56	(2) provide a means to distribute donor registry
57	57	information to interested individuals in each office authorized to
58	58	issue driver's licenses or personal identification certificates.
59	59	(c-1) The department shall:
60	60	(1) for each applicant younger than 18 years of age:
61	61	(A) specifically ask the [each] applicant only
62	62	the question, "Would you like to register as an organ donor?"; and
63	63	(B) [(2)] if the applicant responds
64	64	affirmatively to the question asked under Paragraph (A)
65	65	[Subdivision (1)], provide the person's name, date of birth,
66	66	driver's license number, most recent address, and other information
67	67	needed for identification purposes at the time of donation to the
68	68	nonprofit organization contracted to maintain the statewide donor
69	69	registry under Section 692A.020, Health and Safety Code, for
70	70	inclusion in the registry; and
71	71	(2) for each applicant who is 18 years of age or older:
72	72	(A) specifically ask the applicant the question,
73	73	"Would you like to refuse inclusion in the organ donor registry?"
74	74	and provide the following statement in highlighted, capital
75	75	letters, "BY EITHER ANSWERING 'NO' TO THE PREVIOUS QUESTION OR NOT
76	76	ANSWERING THE PREVIOUS QUESTION, YOU CONSENT FOR YOUR INFORMATION
77	77	TO BE INCLUDED IN THE ORGAN DONOR REGISTRY."; and
78	78	(B) if the applicant does not under Paragraph (A)
79	79	affirmatively refuse inclusion of the person's information in the
80	80	registry, provide to the nonprofit organization contracted to
81	81	maintain the statewide donor registry under Section 692A.020,
82	82	Health and Safety Code, for inclusion in the registry the person's
83	83	name, date of birth, driver's license number, most recent address,
84	84	and other information needed for identification purposes at the
85	85	time of donation.
86	86	(e) The department shall distribute at all field offices
87	87	Donate Life brochures that provide basic donation information in
88	88	English and Spanish and include a contact phone number and e-mail
89	89	address. The department shall include the questions [question]
90	90	required under Subsection (c-1) [(c)(1)(B)] and information on the
91	91	donor registry Internet website in renewal notices.
92	92	SECTION 3. Section 692A.005(a), Health and Safety Code, is
93	93	amended to read as follows:
94	94	(a) A donor may make an anatomical gift:
95	95	(1) on inclusion in the Glenda Dawson Donate
96	96	Life-Texas Registry, as demonstrated by [authorizing] a statement
97	97	or symbol indicating that the donor has made an anatomical gift [to
98	98	be] imprinted on the donor's driver's license or identification
99	99	card in the manner described by Section 521.401, Transportation
100	100	Code;
101	101	(2) in a will;
102	102	(3) during a terminal illness or injury of the donor,
103	103	by any form of communication addressed to at least two adults, at
104	104	least one of whom is a disinterested witness; or
105	105	(4) as provided in Subsection (b).
106	106	SECTION 4. Section 692A.007(a), Health and Safety Code, is
107	107	amended to read as follows:
108	108	(a) An individual may refuse to make an anatomical gift of
109	109	the individual's body or part by:
110	110	(1) a record signed by:
111	111	(A) the individual; or
112	112	(B) subject to Subsection (b), another
113	113	individual acting at the direction of the individual if the
114	114	individual is physically unable to sign;
115	115	(2) the individual's will, whether or not the will is
116	116	admitted to probate or invalidated after the individual's death;
117	117	[or]
118	118	(3) any form of communication made by the individual
119	119	during the individual's terminal illness or injury addressed to at
120	120	least two adults, at least one of whom is a disinterested witness;
121	121	or
122	122	(4) for an individual 18 years of age or older,
123	123	submission of the individual's refusal with the individual's
124	124	application for an original, renewal, corrected, or duplicate
125	125	driver's license or personal identification certificate, in the
126	126	manner described by Section 521.401, Transportation Code.
127	127	SECTION 5. The changes in law made by this Act apply only to
128	128	a driver's license or personal identification certificate for which
129	129	an application is submitted on or after the effective date of this
130	130	Act. A driver's license or personal identification certificate for
131	131	which an application was submitted before the effective date of
132	132	this Act is governed by the law as it existed immediately before the
133	133	effective date of this Act, and that law is continued in effect for
134	134	that purpose.
135	135	SECTION 6. This Act takes effect September 1, 2019.