Texas 2021 - 87th Regular

Texas House Bill HB4441 Compare Versions

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

Old	New	Differences
1	1	87R9469 JG-D
2	2	By: Sanford H.B. No. 4441
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the use and disclosure of certain
8	8	genetic material and genetic information; providing a civil
9	9	penalty; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
12	12	amended by adding Chapter 174 to read as follows:
13	13	CHAPTER 174. RESTRICTIONS ON USE AND DISCLOSURE OF CERTAIN GENETIC
14	14	MATERIAL AND GENETIC INFORMATION
15	15	Sec. 174.001. DEFINITIONS. In this chapter:
16	16	(1) "Authorized representative" means an individual
17	17	who is authorized under state or federal law to make health care
18	18	decisions on behalf of another individual.
19	19	(2) "DNA" means deoxyribonucleic acid.
20	20	(3) "Genetic analysis" means a test of an individual's
21	21	genetic material to determine the presence or absence of genetic
22	22	characteristics in an individual or family.
23	23	(4) "Genetic characteristic" means a scientifically
24	24	or medically identifiable genetic or chromosomal variation,
25	25	composition, or alteration that:
26	26	(A) is scientifically or medically believed to
27	27	predispose an individual to a disease, disorder, or syndrome; or
28	28	(B) is used to identify an individual or blood
29	29	relative.
30	30	(5) "Genetic information" means information related
31	31	to the genetic characteristics of an individual or the individual's
32	32	family that is derived from the results of a genetic analysis.
33	33	(6) "Genetic material" means an individual's DNA, gene
34	34	products, or chromosomes.
35	35	Sec. 174.002. USE AND DISCLOSURE OF GENETIC MATERIAL OR
36	36	GENETIC INFORMATION PROHIBITED; EXCEPTIONS. (a) Subject to other
37	37	law other than Subsection (c) and unless an individual or the
38	38	individual's authorized representative provides informed consent,
39	39	a person may not:
40	40	(1) obtain the individual's genetic material or
41	41	genetic information;
42	42	(2) perform a genetic analysis of the individual;
43	43	(3) retain the individual's genetic material or
44	44	genetic information; or
45	45	(4) disclose, including through sale or donation, the
46	46	individual's genetic material or genetic information.
47	47	(b) For purposes of Subsection (a), an individual or the
48	48	individual's authorized representative provides informed consent
49	49	by signing a consent form that:
50	50	(1) discloses the proposed use of the individual's
51	51	genetic material or genetic information;
52	52	(2) describes the individual's rights under this
53	53	chapter;
54	54	(3) describes the genetic analysis, genetic
55	55	collection, or other use for which the individual's genetic
56	56	material or genetic information is obtained; and
57	57	(4) describes the nature of the resulting genetic
58	58	material or genetic information, including a DNA profile, obtained
59	59	from the genetic analysis, genetic collection, or other use of
60	60	genetic material.
61	61	(c) The prohibitions under Subsection (a) do not apply to an
62	62	individual's genetic material or genetic information that is:
63	63	(1) disclosed to the individual or the individual's
64	64	authorized representative;
65	65	(2) obtained for use by a clinical laboratory from the
66	66	individual's treating physician in the diagnosis or treatment of
67	67	the individual;
68	68	(3) disclosed as part of an authorized research
69	69	project under which the identity and genetic material of the
70	70	individual is kept anonymous; or
71	71	(4) obtained or otherwise necessary for use:
72	72	(A) for an authorized law enforcement purpose;
73	73	(B) to comply with a court order;
74	74	(C) under an administrative order to determine
75	75	the paternity of an individual or for another purpose;
76	76	(D) to identify a deceased individual;
77	77	(E) to conduct a newborn screening test under
78	78	Chapter 33;
79	79	(F) to provide emergency medical services; or
80	80	(G) under a third-party service contract or other
81	81	obligation for the storage, retrieval, handling, or transmission of
82	82	the DNA or DNA record.
83	83	(d) Subsection (c)(2) does not waive any requirement for a
84	84	physician to obtain informed consent from an individual before
85	85	extracting genetic material from the individual for the performance
86	86	of a genetic analysis or for another purpose.
87	87	(e) Subject to Subsection (f), the use of an individual's
88	88	genetic material or genetic information permitted under Subsection
89	89	(c) is restricted to only that permitted use and the material or
90	90	information must be destroyed or returned to the individual or the
91	91	individual's authorized representative immediately on completion
92	92	of the permitted use.
93	93	(f) A person who obtains an individual's genetic material to
94	94	perform a genetic analysis of the individual for a permitted use
95	95	under Subsection (c) shall, immediately on completion of the
96	96	genetic analysis, destroy the material and any genetic information
97	97	obtained from the analysis unless the retention of the material or
98	98	information is:
99	99	(1) necessary for a permitted use under Subsection
100	100	(c); or
101	101	(2) specifically authorized by the individual or the
102	102	individual's authorized representative.
103	103	(g) An individual or the individual's authorized
104	104	representative may, subject to other law, inspect, correct, or
105	105	obtain the individual's genetic material or genetic information.
106	106	Sec. 174.003. CRIMINAL PENALTY. (a) A person commits an
107	107	offense if the person violates this chapter.
108	108	(b) An offense under this section is a Class A misdemeanor
109	109	punishable by:
110	110	(1) for a first violation of this chapter, a fine of
111	111	not less than $3,000 and not more than $4,000; and
112	112	(2) for a second and each subsequent violation of this
113	113	chapter, a fine of not less than $4,000 and not more than $10,000.
114	114	(c) Each day a violation occurs or continues to occur is a
115	115	separate violation for purposes of assessing a penalty under this
116	116	section.
117	117	Sec. 174.004. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
118	118	attorney general may bring an action against a person who appears to
119	119	be in violation of this chapter or is threatening to violate this
120	120	chapter.
121	121	(b) In an injunction issued under this section, a court may
122	122	include reasonable requirements to prevent any further violations
123	123	of this chapter.
124	124	(c) In addition to the injunctive relief provided by
125	125	Subsection (a), the attorney general may institute an action for
126	126	civil penalties against a person for a violation of this chapter. A
127	127	civil penalty assessed under this section may not be less than
128	128	$4,000 or more than $10,000 for each violation. Each day a
129	129	violation occurs or continues to occur is a separate violation for
130	130	purposes of assessing a penalty under this subsection.
131	131	(d) The attorney general may recover reasonable expenses
132	132	incurred in bringing an action under this section, including court
133	133	costs, attorney's fees, investigative costs, witness fees, and
134	134	deposition expenses.
135	135	(e) The attorney general shall file an action under this
136	136	section in Travis County or in the county in which the violation
137	137	occurred.
138	138	(f) A civil penalty recovered in an action by the attorney
139	139	general under this section shall be deposited in the general
140	140	revenue fund.
141	141	Sec. 174.005. PRIVATE RIGHT OF ACTION. (a) An individual
142	142	whose genetic material or genetic information is obtained, used, or
143	143	disclosed in violation of this chapter may bring an action to enjoin
144	144	or restrain a person from committing any further violations of this
145	145	chapter and may seek damages in the action.
146	146	(b) A court may award a prevailing party in an action
147	147	brought under this section reasonable attorney's fees and costs
148	148	reasonably incurred with the action.
149	149	Sec. 174.006. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.
150	150	Sovereign or governmental immunity, as applicable, of a
151	151	governmental entity to suit and from liability is waived to the
152	152	extent of liability created by this chapter.
153	153	SECTION 2. Chapter 174, Health and Safety Code, as added by
154	154	this Act, applies only to the use or disclosure of genetic material
155	155	or genetic information that occurs on or after the effective date of
156	156	this Act.
157	157	SECTION 3. This Act takes effect September 1, 2021.