87R9469 JG-D
By: Sanford H.B. No. 4441
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the use and disclosure of certain
genetic material and genetic information; providing a civil
penalty; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 174 to read as follows:
CHAPTER 174. RESTRICTIONS ON USE AND DISCLOSURE OF CERTAIN GENETIC
MATERIAL AND GENETIC INFORMATION
Sec. 174.001. DEFINITIONS. In this chapter:
(1) "Authorized representative" means an individual
who is authorized under state or federal law to make health care
decisions on behalf of another individual.
(2) "DNA" means deoxyribonucleic acid.
(3) "Genetic analysis" means a test of an individual's
genetic material to determine the presence or absence of genetic
characteristics in an individual or family.
(4) "Genetic characteristic" means a scientifically
or medically identifiable genetic or chromosomal variation,
composition, or alteration that:
(A) is scientifically or medically believed to
predispose an individual to a disease, disorder, or syndrome; or
(B) is used to identify an individual or blood
relative.
(5) "Genetic information" means information related
to the genetic characteristics of an individual or the individual's
family that is derived from the results of a genetic analysis.
(6) "Genetic material" means an individual's DNA, gene
products, or chromosomes.
Sec. 174.002. USE AND DISCLOSURE OF GENETIC MATERIAL OR
GENETIC INFORMATION PROHIBITED; EXCEPTIONS. (a) Subject to other
law other than Subsection (c) and unless an individual or the
individual's authorized representative provides informed consent,
a person may not:
(1) obtain the individual's genetic material or
genetic information;
(2) perform a genetic analysis of the individual;
(3) retain the individual's genetic material or
genetic information; or
(4) disclose, including through sale or donation, the
individual's genetic material or genetic information.
(b) For purposes of Subsection (a), an individual or the
individual's authorized representative provides informed consent
by signing a consent form that:
(1) discloses the proposed use of the individual's
genetic material or genetic information;
(2) describes the individual's rights under this
chapter;
(3) describes the genetic analysis, genetic
collection, or other use for which the individual's genetic
material or genetic information is obtained; and
(4) describes the nature of the resulting genetic
material or genetic information, including a DNA profile, obtained
from the genetic analysis, genetic collection, or other use of
genetic material.
(c) The prohibitions under Subsection (a) do not apply to an
individual's genetic material or genetic information that is:
(1) disclosed to the individual or the individual's
authorized representative;
(2) obtained for use by a clinical laboratory from the
individual's treating physician in the diagnosis or treatment of
the individual;
(3) disclosed as part of an authorized research
project under which the identity and genetic material of the
individual is kept anonymous; or
(4) obtained or otherwise necessary for use:
(A) for an authorized law enforcement purpose;
(B) to comply with a court order;
(C) under an administrative order to determine
the paternity of an individual or for another purpose;
(D) to identify a deceased individual;
(E) to conduct a newborn screening test under
Chapter 33;
(F) to provide emergency medical services; or
(G) under a third-party service contract or other
obligation for the storage, retrieval, handling, or transmission of
the DNA or DNA record.
(d) Subsection (c)(2) does not waive any requirement for a
physician to obtain informed consent from an individual before
extracting genetic material from the individual for the performance
of a genetic analysis or for another purpose.
(e) Subject to Subsection (f), the use of an individual's
genetic material or genetic information permitted under Subsection
(c) is restricted to only that permitted use and the material or
information must be destroyed or returned to the individual or the
individual's authorized representative immediately on completion
of the permitted use.
(f) A person who obtains an individual's genetic material to
perform a genetic analysis of the individual for a permitted use
under Subsection (c) shall, immediately on completion of the
genetic analysis, destroy the material and any genetic information
obtained from the analysis unless the retention of the material or
information is:
(1) necessary for a permitted use under Subsection
(c); or
(2) specifically authorized by the individual or the
individual's authorized representative.
(g) An individual or the individual's authorized
representative may, subject to other law, inspect, correct, or
obtain the individual's genetic material or genetic information.
Sec. 174.003. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is a Class A misdemeanor
punishable by:
(1) for a first violation of this chapter, a fine of
not less than $3,000 and not more than $4,000; and
(2) for a second and each subsequent violation of this
chapter, a fine of not less than $4,000 and not more than $10,000.
(c) Each day a violation occurs or continues to occur is a
separate violation for purposes of assessing a penalty under this
section.
Sec. 174.004. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
attorney general may bring an action against a person who appears to
be in violation of this chapter or is threatening to violate this
chapter.
(b) In an injunction issued under this section, a court may
include reasonable requirements to prevent any further violations
of this chapter.
(c) In addition to the injunctive relief provided by
Subsection (a), the attorney general may institute an action for
civil penalties against a person for a violation of this chapter. A
civil penalty assessed under this section may not be less than
$4,000 or more than $10,000 for each violation. Each day a
violation occurs or continues to occur is a separate violation for
purposes of assessing a penalty under this subsection.
(d) The attorney general may recover reasonable expenses
incurred in bringing an action under this section, including court
costs, attorney's fees, investigative costs, witness fees, and
deposition expenses.
(e) The attorney general shall file an action under this
section in Travis County or in the county in which the violation
occurred.
(f) A civil penalty recovered in an action by the attorney
general under this section shall be deposited in the general
revenue fund.
Sec. 174.005. PRIVATE RIGHT OF ACTION. (a) An individual
whose genetic material or genetic information is obtained, used, or
disclosed in violation of this chapter may bring an action to enjoin
or restrain a person from committing any further violations of this
chapter and may seek damages in the action.
(b) A court may award a prevailing party in an action
brought under this section reasonable attorney's fees and costs
reasonably incurred with the action.
Sec. 174.006. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.
Sovereign or governmental immunity, as applicable, of a
governmental entity to suit and from liability is waived to the
extent of liability created by this chapter.
SECTION 2. Chapter 174, Health and Safety Code, as added by
this Act, applies only to the use or disclosure of genetic material
or genetic information that occurs on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2021.