Texas 2023 - 88th Regular

Texas House Bill HB4136 Compare Versions

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Version 2 (New)

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1	1	88R12232 MCF-F
2	2	By: Guerra H.B. No. 4136
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. Chapter 692A, Health and Safety Code, is amended
27	27	by adding Section 692A.024 to read as follows:
28	28	Sec. 692A.024. INFORMATION ON NATIONAL WAITING LIST FOR
29	29	ORGAN TRANSPLANT. The department shall prepare and publish on the
30	30	department's Internet website information on the steps necessary to
31	31	be placed on the national waiting list for obtaining an organ
32	32	transplant.
33	33	SECTION 3. Section 502.189(b), Transportation Code, is
34	34	amended to read as follows:
35	35	(b) The department shall make available for distribution to
36	36	each office authorized to issue motor vehicle registrations Donate
37	37	Life brochures that provide basic donor information in English and
38	38	Spanish and a contact phone number and e-mail address. The
39	39	department shall ensure that the question provided in Section
40	40	521.401(c-1) [521.401(c)(1)(B)] and information on the donor
41	41	registry Internet website is included with registration renewal
42	42	notices.
43	43	SECTION 4. Sections 521.401(c), (c-1), and (e),
44	44	Transportation Code, are amended to read as follows:
45	45	(c) Donor registry information shall be provided to the
46	46	department and the Texas Department of Transportation by organ
47	47	procurement organizations, tissue banks, or eye banks, as those
48	48	terms are defined in Section 692A.002, Health and Safety Code, or by
49	49	the Glenda Dawson Donate Life-Texas Registry operated under Chapter
50	50	692A, Health and Safety Code. The department, with expert input and
51	51	support from the nonprofit organization administering the Glenda
52	52	Dawson Donate Life-Texas Registry, shall:
53	53	(1) provide to each applicant for the issuance of an
54	54	original, renewal, corrected, or duplicate driver's license or
55	55	personal identification certificate who applies in person, by mail,
56	56	over the Internet, or by other electronic means, an opportunity for
57	57	the person to:
58	58	(A) include a statement or symbol imprinted [the
59	59	opportunity to indicate] on the person's driver's license or
60	60	personal identification certificate indicating that the person is
61	61	willing to make an anatomical gift, in the event of death, in
62	62	accordance with Section 692A.005, Health and Safety Code; and
63	63	(B) [an opportunity for the person to] consent to
64	64	inclusion of the person's information in the statewide
65	65	Internet-based registry of organ, tissue, and eye donors and
66	66	release of the information to procurement organizations in the
67	67	manner provided by Subsection (c-1); and
68	68	(2) provide a means to distribute donor registry
69	69	information to interested individuals in each office authorized to
70	70	issue driver's licenses or personal identification certificates.
71	71	(c-1) The department shall:
72	72	(1) specifically ask each applicant only the question,
73	73	"Ninety percent of Texans believe in organ donation; would you like
74	74	to join the organ donor registry?" ["Would you like to register as
75	75	an organ donor?"]; and
76	76	(2) if the applicant responds affirmatively to the
77	77	question asked under Subdivision (1), provide the person's name,
78	78	date of birth, driver's license number, most recent address, and
79	79	other information needed for identification purposes at the time of
80	80	donation to the nonprofit organization contracted to maintain the
81	81	statewide donor registry under Section 692A.020, Health and Safety
82	82	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 5. The changes in law made by this Act apply only to
90	90	a driver's license or personal identification certificate for which
91	91	an application is submitted on or after the effective date of this
92	92	Act. A driver's license or personal identification certificate for
93	93	which an application was submitted before the effective date of
94	94	this Act is governed by the law as it existed immediately before the
95	95	effective date of this Act, and that law is continued in effect for
96	96	that purpose.
97	97	SECTION 6. This Act takes effect September 1, 2023.