Texas 2021 - 87th Regular

Texas House Bill HB3701 Compare Versions

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

Old	New	Differences
1	1	87R2868 MCF-F
2	2	By: Guerra H.B. No. 3701
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to publication of national organ transplant waiting list
8	8	information on the Department of State Health Services' Internet
9	9	website and donors included in the anatomical gift registry.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 692A.005(a), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(a) A donor may make an anatomical gift:
14	14	(1) on inclusion in the Glenda Dawson Donate
15	15	Life-Texas Registry, as demonstrated by [authorizing] a statement
16	16	or symbol [indicating that the donor has made an anatomical gift to
17	17	be] imprinted on the donor's driver's license or personal
18	18	identification certificate in the manner described by Section
19	19	521.401, Transportation Code, indicating the donor is willing to
20	20	make an anatomical gift [card];
21	21	(2) in a will;
22	22	(3) during a terminal illness or injury of the donor,
23	23	by any form of communication addressed to at least two adults, at
24	24	least one of whom is a disinterested witness; or
25	25	(4) as provided in Subsection (b).
26	26	SECTION 2. Section 692A.007(a), Health and Safety Code, is
27	27	amended to read as follows:
28	28	(a) An individual may refuse to make an anatomical gift of
29	29	the individual's body or part by:
30	30	(1) a record signed by:
31	31	(A) the individual; or
32	32	(B) subject to Subsection (b), another
33	33	individual acting at the direction of the individual if the
34	34	individual is physically unable to sign;
35	35	(2) the individual's will, whether or not the will is
36	36	admitted to probate or invalidated after the individual's death;
37	37	[or]
38	38	(3) any form of communication made by the individual
39	39	during the individual's terminal illness or injury addressed to at
40	40	least two adults, at least one of whom is a disinterested witness;
41	41	or
42	42	(4) for an individual 18 years of age or older,
43	43	submission of the individual's refusal with the individual's
44	44	application for an original, renewal, corrected, or duplicate
45	45	driver's license or personal identification certificate, in the
46	46	manner described by Section 521.401, Transportation Code.
47	47	SECTION 3. Chapter 692A, Health and Safety Code, is amended
48	48	by adding Section 692A.024 to read as follows:
49	49	Sec. 692A.024. INFORMATION ON NATIONAL WAITING LIST FOR
50	50	ORGAN TRANSPLANT. The department shall prepare and publish on the
51	51	department's Internet website information on the steps necessary to
52	52	be placed on the national waiting list for obtaining an organ
53	53	transplant.
54	54	SECTION 4. Section 502.189(b), Transportation Code, is
55	55	amended to read as follows:
56	56	(b) The department shall make available for distribution to
57	57	each office authorized to issue motor vehicle registrations Donate
58	58	Life brochures that provide basic donor information in English and
59	59	Spanish and a contact phone number and e-mail address. The
60	60	department shall ensure that the question provided in Section
61	61	521.401(c-1) [521.401(c)(1)(B)] and information on the donor
62	62	registry Internet website is included with registration renewal
63	63	notices.
64	64	SECTION 5. Sections 521.401(c), (c-1), and (e),
65	65	Transportation Code, are amended to read as follows:
66	66	(c) Donor registry information shall be provided to the
67	67	department and the Texas Department of Transportation by organ
68	68	procurement organizations, tissue banks, or eye banks, as those
69	69	terms are defined in Section 692A.002, Health and Safety Code, or by
70	70	the Glenda Dawson Donate Life-Texas Registry operated under Chapter
71	71	692A, Health and Safety Code. The department, with expert input and
72	72	support from the nonprofit organization administering the Glenda
73	73	Dawson Donate Life-Texas Registry, shall:
74	74	(1) provide to each applicant for the issuance of an
75	75	original, renewal, corrected, or duplicate driver's license or
76	76	personal identification certificate who applies in person, by mail,
77	77	over the Internet, or by other electronic means:
78	78	(A) if the applicant is younger than 18 years of
79	79	age, an [the] opportunity for the person to:
80	80	(i) include a statement or symbol imprinted
81	81	[to indicate] on the person's driver's license or personal
82	82	identification certificate indicating that the person is willing to
83	83	make an anatomical gift, in the event of death, in accordance with
84	84	Section 692A.005, Health and Safety Code; and
85	85	(ii) [(B) an opportunity for the person to]
86	86	consent to inclusion of the person's information in the statewide
87	87	Internet-based registry of organ, tissue, and eye donors and
88	88	release of the information to procurement organizations in the
89	89	manner provided by Subsection (c-1); and
90	90	(B) if the applicant is 18 years of age or older,
91	91	an opportunity for the person to:
92	92	(i) refuse inclusion of a statement or
93	93	symbol imprinted on the person's driver's license or personal
94	94	identification certificate indicating that the person is willing to
95	95	make an anatomical gift, in the event of death, in accordance with
96	96	Section 692A.005, Health and Safety Code; and
97	97	(ii) refuse to consent to inclusion of the
98	98	person's information in the statewide Internet-based registry of
99	99	organ, tissue, and eye donors and release of the information to
100	100	procurement organizations in the manner provided by Subsection
101	101	(c-1); and
102	102	(2) provide a means to distribute donor registry
103	103	information to interested individuals in each office authorized to
104	104	issue driver's licenses or personal identification certificates.
105	105	(c-1) The department shall:
106	106	(1) for each applicant younger than 18 years of age:
107	107	(A) specifically ask the [each] applicant only
108	108	the question, "Would you like to register as an organ donor?"; and
109	109	(B) [(2)] if the applicant responds
110	110	affirmatively to the question asked under Paragraph (A)
111	111	[Subdivision (1)], provide the person's name, date of birth,
112	112	driver's license number, most recent address, and other information
113	113	needed for identification purposes at the time of donation to the
114	114	nonprofit organization contracted to maintain the statewide donor
115	115	registry under Section 692A.020, Health and Safety Code, for
116	116	inclusion in the registry; and
117	117	(2) for each applicant who is 18 years of age or older:
118	118	(A) specifically ask the applicant the question,
119	119	"Would you like to refuse to join the organ donor registry?" and
120	120	state, "By answering 'no' to the previous question or not answering
121	121	the previous question, you consent to join the organ donor registry
122	122	and for your information to be included in the registry."; and
123	123	(B) if the applicant does not affirmatively
124	124	refuse to join the registry under Paragraph (A), provide for
125	125	inclusion in the registry the applicant's name, date of birth,
126	126	driver's license number, most recent address, and other information
127	127	needed for identification purposes at the time of donation to the
128	128	nonprofit organization contracted to maintain the statewide donor
129	129	registry under Section 692A.020, Health and Safety Code.
130	130	(e) The department shall distribute at all field offices
131	131	Donate Life brochures that provide basic donation information in
132	132	English and Spanish and include a contact phone number and e-mail
133	133	address. The department shall include the questions [question]
134	134	required under Subsection (c-1) [(c)(1)(B)] and information on the
135	135	donor registry Internet website in renewal notices.
136	136	SECTION 6. The changes in law made by this Act apply only to
137	137	a driver's license or personal identification certificate for which
138	138	an application is submitted on or after the effective date of this
139	139	Act. A driver's license or personal identification certificate for
140	140	which an application was submitted before the effective date of
141	141	this Act is governed by the law as it existed immediately before the
142	142	effective date of this Act, and that law is continued in effect for
143	143	that purpose.
144	144	SECTION 7. This Act takes effect September 1, 2021.