Texas 2025 - 89th Regular

Texas House Bill HB1737 Compare Versions

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

Old	New	Differences
1	1	89R5368 JTZ-F
2	2	By: Jones of Dallas H.B. No. 1737
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to HIV and AIDS tests.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter D, Chapter 85, Health
12	12	and Safety Code, is amended to read as follows:
13	13	SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING
14	14	SECTION 2. Subchapter D, Chapter 85, Health and Safety
15	15	Code, is amended by adding Section 85.0815 to read as follows:
16	16	Sec. 85.0815. OPT-OUT HIV TESTING IN MEDICAL SCREENINGS FOR
17	17	SEXUALLY TRANSMITTED DISEASES. (a) A health care provider who
18	18	collects a sample of an individual's blood as part of a medical
19	19	screening for a sexually transmitted disease shall submit the
20	20	sample for an HIV diagnostic test, regardless of whether an HIV test
21	21	is part of a primary diagnosis, unless the individual opts out of
22	22	the HIV test.
23	23	(b) Before collecting a sample of an individual's blood as
24	24	part of a medical screening for a sexually transmitted disease, a
25	25	health care provider must obtain the individual's consent for an
26	26	HIV diagnostic test or inform the individual that an HIV test will
27	27	be performed unless the individual opts out of the HIV test.
28	28	(c) A health care provider who submits an individual's blood
29	29	for an HIV diagnostic test shall provide to each individual who
30	30	receives a positive test result information on available HIV health
31	31	services and referrals to community support programs.
32	32	(d) The executive commissioner shall adopt rules to
33	33	implement this section. In adopting rules, the executive
34	34	commissioner must consider the most recent recommendations of the
35	35	Centers for Disease Control and Prevention for HIV testing of
36	36	adults and adolescents.
37	37	SECTION 3. (a) The executive commissioner of the Health and
38	38	Human Services Commission shall adopt the rules required by Section
39	39	85.0815, Health and Safety Code, as added by this Act, not later
40	40	than January 1, 2026.
41	41	(b) Notwithstanding Section 85.0815, Health and Safety
42	42	Code, as added by this Act, a health care provider is not required
43	43	to comply with that section until January 1, 2026.
44	44	SECTION 4. (a) Notwithstanding any other section of this
45	45	Act, in a state fiscal year, the Health and Human Services
46	46	Commission is not required to implement a mandatory provision in
47	47	another section of this Act imposing a duty on the commission to
48	48	take an action unless money is specifically appropriated to the
49	49	commission for that fiscal year to carry out that duty. The
50	50	commission may implement the provision in that fiscal year to the
51	51	extent other funding is available to the commission for the
52	52	implementation.
53	53	(b) If, as authorized by Subsection (a) of this section, the
54	54	Health and Human Services Commission does not implement the
55	55	mandatory provision in a state fiscal year, the commission, in the
56	56	commission's legislative budget request for the next state fiscal
57	57	biennium, shall certify that fact to the Legislative Budget Board
58	58	and include a written estimate of the costs of implementing the
59	59	provision in each year of that next state fiscal biennium.
60	60	(c) This section expires and any duty suspended by
61	61	Subsection (a) of this section becomes mandatory on September 1,
62	62	2029.
63	63	SECTION 5. This Act takes effect September 1, 2025.