Texas 2023 - 88th Regular

Texas Senate Bill SB1014 Compare Versions

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1	1	88R9271 MPF-D
2	2	By: Hughes S.B. No. 1014
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.
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 that is derived
32	32	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, in person or
39	39	electronically, express consent, a person may not:
40	40	(1) obtain the individual's genetic material or
41	41	genetic information;
42	42	(2) perform any analysis or test of the individual
43	43	that requires the individual's genetic material;
44	44	(3) retain the individual's genetic material or
45	45	genetic information; or
46	46	(4) disclose, including through sale or donation, the
47	47	individual's genetic material or genetic information.
48	48	(b) For purposes of Subsection (a), an individual or the
49	49	individual's authorized representative provides, in person or
50	50	electronically, express consent if, after receiving a written
51	51	disclosure statement that clearly and prominently describes the
52	52	manner in which the individual's genetic material or genetic
53	53	information or the results of an analysis or test of the
54	54	individual's genetic material or genetic information will be
55	55	collected, used, retained, maintained, or disclosed, the
56	56	individual or representative takes an affirmative action
57	57	demonstrating an intentional decision to provide consent. The
58	58	disclosure statement must at a minimum:
59	59	(1) disclose the proposed use of the individual's
60	60	genetic material or genetic information;
61	61	(2) describe the individual's rights regarding the
62	62	collection, use, retention, maintenance, or disclosure of the
63	63	individual's genetic material or genetic information or the results
64	64	of an analysis or test of the individual's genetic material or
65	65	genetic information;
66	66	(3) describe the genetic analysis, genetic
67	67	collection, or other use for which the individual's genetic
68	68	material or genetic information is obtained; and
69	69	(4) describe the nature of the resulting genetic
70	70	material or genetic information, including a DNA profile, obtained
71	71	from the genetic analysis, genetic collection, or other use of
72	72	genetic material.
73	73	(c) The prohibitions under Subsection (a) do not apply to an
74	74	individual's genetic material or genetic information that is:
75	75	(1) disclosed to the individual or the individual's
76	76	authorized representative;
77	77	(2) obtained from the individual's treating physician
78	78	for use in the screening, diagnosis, or treatment of the individual
79	79	by a clinical laboratory that is certified by the Centers for
80	80	Medicare and Medicaid Services;
81	81	(3) disclosed as part of an authorized research
82	82	project under which the identity and genetic material of the
83	83	individual is de-identified in accordance with the Health Insurance
84	84	Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
85	85	et seq.) or 45 C.F.R. Part 46;
86	86	(4) obtained or otherwise necessary for use:
87	87	(A) for an authorized law enforcement purpose;
88	88	(B) to comply with a court order;
89	89	(C) under an administrative order to determine
90	90	the paternity of an individual or for another purpose;
91	91	(D) to identify a deceased individual;
92	92	(E) to conduct a newborn screening test under
93	93	Chapter 33;
94	94	(F) to provide emergency medical services;
95	95	(G) under a third-party service contract or other
96	96	obligation for the storage, retrieval, handling, or transmission of
97	97	the DNA or DNA record; or
98	98	(H) to comply with federal law; or
99	99	(5) made public by the individual.
100	100	(d) Subsection (c)(2) does not waive any requirement for a
101	101	physician to obtain informed consent from an individual before
102	102	extracting genetic material from the individual for the performance
103	103	of a genetic analysis or for another purpose.
104	104	(e) Subject to Subsection (f), the use of an individual's
105	105	genetic material or genetic information permitted under Subsection
106	106	(c) is restricted to only that permitted use and the material or
107	107	information must be destroyed or returned to the individual or the
108	108	individual's authorized representative immediately on completion
109	109	of the permitted use.
110	110	(f) A person who obtains an individual's genetic material to
111	111	perform a genetic analysis of the individual for a permitted use
112	112	under Subsection (c) shall, immediately on completion of the
113	113	genetic analysis, destroy the material and any genetic information
114	114	obtained from the analysis unless the retention of the material or
115	115	information is:
116	116	(1) necessary for a permitted use under Subsection
117	117	(c); or
118	118	(2) specifically authorized by the individual or the
119	119	individual's authorized representative.
120	120	(g) An individual or the individual's authorized
121	121	representative may, subject to other law, inspect, correct, or
122	122	obtain the individual's genetic material or genetic information.
123	123	Sec. 174.003. CRIMINAL PENALTY. (a) A person commits an
124	124	offense if the person violates this chapter.
125	125	(b) An offense under this section is a Class A misdemeanor
126	126	punishable by:
127	127	(1) for a first violation of this chapter, a fine of
128	128	not less than $3,000 and not more than $4,000; and
129	129	(2) for a second and each subsequent violation of this
130	130	chapter, a fine of not less than $4,000 and not more than $10,000.
131	131	(c) Each day a violation occurs or continues to occur
132	132	constitutes a separate offense under this section.
133	133	Sec. 174.004. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
134	134	attorney general may bring an action against a person who appears to
135	135	be in violation of this chapter or is threatening to violate this
136	136	chapter.
137	137	(b) In an injunction issued under this section, a court may
138	138	include reasonable requirements to prevent any further violations
139	139	of this chapter.
140	140	(c) In addition to the injunctive relief provided by
141	141	Subsection (a), the attorney general may institute an action for
142	142	civil penalties against a person for a violation of this chapter. A
143	143	civil penalty assessed under this section may not be less than
144	144	$4,000 or more than $10,000 for each violation. Each day a
145	145	violation occurs or continues to occur is a separate violation for
146	146	purposes of assessing a penalty under this subsection.
147	147	(d) The attorney general may recover reasonable expenses
148	148	incurred in bringing an action under this section, including court
149	149	costs, attorney's fees, investigative costs, witness fees, and
150	150	deposition expenses.
151	151	(e) The attorney general shall file an action under this
152	152	section in Travis County or in the county in which the violation
153	153	occurred.
154	154	(f) A civil penalty recovered in an action by the attorney
155	155	general under this section shall be deposited in the general
156	156	revenue fund.
157	157	Sec. 174.005. PRIVATE RIGHT OF ACTION. (a) An individual
158	158	whose genetic material or genetic information is obtained, used, or
159	159	disclosed in violation of this chapter may bring an action to enjoin
160	160	or restrain a person from committing any further violations of this
161	161	chapter and may seek damages in the action.
162	162	(b) A court may award a prevailing party in an action
163	163	brought under this section reasonable attorney's fees and costs
164	164	reasonably incurred with the action.
165	165	Sec. 174.006. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY.
166	166	Sovereign or governmental immunity, as applicable, of a
167	167	governmental entity to suit and from liability is waived to the
168	168	extent of liability created by this chapter.
169	169	SECTION 2. Chapter 174, Health and Safety Code, as added by
170	170	this Act, applies only to the use or disclosure of genetic material
171	171	or genetic information that occurs on or after the effective date of
172	172	this Act.
173	173	SECTION 3. This Act takes effect September 1, 2023.