Texas 2025 - 89th Regular

Texas House Bill HB130 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R23006 SRA-D
1	2		By: Bonnen, Orr, et al. H.B. No. 130
	3	+	Substitute the following for H.B. No. 130:
	4	+	By: Hefner C.S.H.B. No. 130
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6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to genetic information security for residents of this
9	12		state; providing a civil penalty; providing a private cause of
10	13		action.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
13	16		amended by adding Chapter 174 to read as follows:
14	17		CHAPTER 174. SECURITY OF GENETIC INFORMATION
15	18		Sec. 174.001. SHORT TITLE. This chapter may be cited as the
16	19		Texas Genomic Act of 2025.
17	20		Sec. 174.002. DEFINITIONS. In this chapter:
18	21		(1) "Company" means a sole proprietorship,
19	22		organization, association, corporation, partnership, joint
20	23		venture, limited partnership, limited liability partnership, or
21	24		limited liability company that exists to make a profit. The term
22	25		includes a wholly owned subsidiary, majority-owned subsidiary,
23	26		parent company, or affiliate of those entities or business
24	27		associations.
25	28		(2) "Domicile" means the country in which:
26	29		(A) a company or nonprofit organization is
27	30		formed, incorporated, or registered and headquartered;
28	31		(B) a company's or nonprofit organization's
29	32		affairs are primarily conducted; or
30	33		(C) the majority of the company's ownership
31	34		shares are held.
32	35		(3) "Foreign adversary" has the meaning assigned by 15
33	36		C.F.R. Section 791.4(a).
34	37		(4) "Genome sequencer" means any device or platform
35	38		used to conduct genome sequencing, resequencing, or isolation or
36	39		other genome research.
37	40		(5) "Genome sequencing" means any method used to
38	41		determine the identity and order of nucleotide bases in the human
39	42		genome.
40	43		(6) "Human genome" means the set of DNA found in human
41	44		cells.
42	45		(7) "Medical facility" means a facility licensed or
43	46		registered by a state or federal agency to provide health care
44	47		services that receives any state funding, including pass-through
45	48		federal money provided to a state agency for grant awards.
46	49		(8) "Software" means computer programs and related
47	50		equipment used for genome sequencing or the operation, control,
48	51		analysis, research, or other functions of genome sequencers.
49	52		Sec. 174.003. APPLICABILITY. This chapter applies to a
50	53		medical facility, research facility, company, or nonprofit
51	54		organization that conducts research on or testing of genome
52	55		sequencing or the human genome in this state.
53	56		Sec. 174.004. PURPOSE AND LEGISLATIVE POLICY. (a) The
54	57		purpose of this chapter is to ensure that a medical facility,
55	58		research facility, company, or nonprofit organization subject to
56		-	this chapter ~~does not provide~~ a foreign adversary ~~access to the~~
57		-	genetic information of residents of this state.
	59	+	this chapter and acting on behalf of a foreign adversary does not
	60	+	gain access to the genetic information of residents of this state.
58	61		(b) The policy of this state is to:
59	62		(1) oppose the collection and analysis of genomic
60	63		information by a foreign adversary or for use by a foreign
61	64		adversary; and
62	65		(2) support sanctions the United States Department of
63	66		Commerce or the United States Department of Defense imposes on a
64	67		medical facility, research facility, company, or nonprofit
65	68		organization engaged in the collection and analysis of genomic
66	69		information for use by a foreign adversary.
67	70		Sec. 174.005. PROHIBITED USE OF CERTAIN GENOME SEQUENCERS
68	71		AND GENOME SEQUENCING TECHNOLOGIES. A medical facility, research
69	72		facility, company, or nonprofit organization subject to this
70	73		chapter may not use a genome sequencer or software produced by or on
71	74		behalf of:
72	75		(1) a foreign adversary;
73	76		(2) a state-owned enterprise of a foreign adversary;
74	77		(3) a company or nonprofit organization domiciled
75	78		within the borders of a country that is a foreign adversary; or
76	79		(4) an owned or controlled subsidiary or affiliate of
77	80		a company or nonprofit organization domiciled within the borders of
78	81		a country that is a foreign adversary.
79	82		Sec. 174.006. REQUIREMENTS FOR GENOMIC INFORMATION
80	83		STORAGE. (a) A medical facility, research facility, company, or
81		-	nonprofit organization subject to this chapter ~~may not~~ store ~~any~~
82		-	genome sequencing data of ~~a resident~~ of this state at a location
83		-	~~within~~ the ~~borders of a country that is a foreign adversary~~.
	84	+	nonprofit organization subject to this chapter shall store all
	85	+	genome sequencing data of residents of this state only at a location
	86	+	in the United States.
84	87		(b) A medical facility, research facility, company, or
85	88		nonprofit organization subject to this chapter that stores genome
86	89		sequencing data of residents of this state, including storage of
87	90		genome sequencing data through a contract with a third-party data
88	91		storage company, shall ensure the security of the genome sequencing
89	92		data using reasonable encryption methods, restriction on access,
90	93		and other cybersecurity best practices.
91	94		(c) A medical facility, research facility, company, or
92	95		nonprofit organization subject to this chapter shall ensure genome
93	96		sequencing data of residents of this state, other than open data, is
94	97		inaccessible to any person located within the borders of a country
95	98		that is a foreign adversary.
96	99		Sec. 174.007. REQUIRED ANNUAL CERTIFICATION OF COMPLIANCE.
97	100		(a) Not later than December 31 of each year, a medical facility,
98	101		research facility, company, or nonprofit organization subject to
99	102		this chapter shall certify to the attorney general that the
100	103		facility, company, or organization is in compliance with this
101	104		chapter.
102	105		(b) An attorney representing a medical facility, research
103	106		facility, company, or nonprofit organization subject to this
104	107		chapter shall submit the certification required under Subsection
105	108		(a).
106	109		Sec. 174.008. INVESTIGATIVE AUTHORITY OF ATTORNEY GENERAL.
107	110		(a) The attorney general may investigate an allegation of a
108	111		violation of this chapter.
109	112		(b) Any person may notify the attorney general of a
110	113		violation or potential violation of this chapter.
111	114		Sec. 174.009. CIVIL PENALTY. (a) A medical facility,
112	115		research facility, company, or nonprofit organization that
113	116		violates this chapter is liable to this state for a civil penalty of
114	117		$10,000 for each violation.
115	118		(b) The attorney general may bring an action to recover the
116	119		civil penalty imposed under this section.
117	120		(c) An action under this section may be brought in a
118	121		district court in:
119	122		(1) Travis County; or
120	123		(2) a county in which any part of the violation occurs.
121	124		(d) The attorney general shall deposit a civil penalty
122	125		collected under this section in the state treasury to the credit of
123	126		the general revenue fund.
124	127		(e) The attorney general may recover reasonable expenses
125	128		incurred in obtaining a civil penalty under this section, including
126	129		court costs, reasonable attorney's fees, investigative costs,
127	130		witness fees, and deposition expenses.
128	131		Sec. 174.010. PRIVATE CAUSE OF ACTION. (a) A resident of
129	132		this state who is a patient or research subject of a medical
130	133		facility, research facility, company, or nonprofit organization
131	134		subject to this chapter and who is harmed by the storage or use of
132	135		the patient's or subject's genome sequencing data in violation of
133	136		this chapter may bring an action against the facility, company, or
134	137		organization that violated this chapter and is entitled to obtain:
135	138		(1) the greater of:
136	139		(A) actual damages; or
137	140		(B) statutory damages in an amount not to exceed
138	141		$5,000 for each violation; and
139	142		(2) court costs and reasonable attorney's fees.
140	143		(b) An action under this section may be brought in the
141	144		county in which the plaintiff resides.
142	145		(c) Sections 41.003 and 41.004, Civil Practice and Remedies
143	146		Code, do not apply to an action brought under this section.
144	147		SECTION 2. The change in law made by this Act applies only
145	148		to a cause of action that accrues on or after the effective date of
146	149		this Act. A cause of action that accrues before the effective date
147	150		of this Act is governed by the law in effect on the date the cause of
148	151		action accrued, and the former law is continued in effect for that
149	152		purpose.
150	153		SECTION 3. This Act takes effect September 1, 2025.