2 | 4 | | |
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3 | 5 | | |
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4 | 6 | | A BILL TO BE ENTITLED |
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5 | 7 | | AN ACT |
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6 | 8 | | relating to the donation of blood by persons younger than 18 years |
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7 | 9 | | of age; authorizing a civil penalty. |
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8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 11 | | SECTION 1. Section 162.013(a), Health and Safety Code, is |
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10 | 12 | | amended to read as follows: |
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11 | 13 | | (a) A person who is injured by a violation of Section |
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12 | 14 | | 162.006, 162.007, 162.010, [or] 162.011, or 162.015 may bring a |
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13 | 15 | | civil action for damages. In addition, any person may bring an |
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14 | 16 | | action to restrain such a violation or threatened violation. |
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15 | 17 | | SECTION 2. Section 162.015, Health and Safety Code, is |
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16 | 18 | | amended to read as follows: |
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17 | 19 | | Sec. 162.015. DONATION OF BLOOD BY PERSONS YOUNGER THAN 18 |
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18 | 20 | | YEARS OF AGE. (a) A person 17 years of age may donate the person's |
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19 | 21 | | blood or blood components if the person's parent, managing |
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20 | 22 | | conservator, or legal guardian who is legally authorized to consent |
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21 | 23 | | to the person's medical care provides written informed consent to |
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22 | 24 | | the donation. |
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23 | 25 | | (b) The executive commissioner by rule shall prescribe the |
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24 | 26 | | form for the informed consent required under Subsection (a). The |
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25 | 27 | | form must include information regarding the risks and potential |
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26 | 28 | | health effects of donating blood or blood components, including |
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27 | 29 | | risks and health effects specific to persons younger than 18 years |
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28 | 30 | | of age. |
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29 | 31 | | (c) [A person who is 17 years of age may consent to the |
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30 | 32 | | donation of the person's blood or blood components.] A person |
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31 | 33 | | younger than 18 years of age may not: |
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32 | 34 | | (1) provide more than one donation of blood or blood |
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33 | 35 | | components within 24 hours; |
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34 | 36 | | (2) provide more than two donations of blood or blood |
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35 | 37 | | components within a calendar year; |
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36 | 38 | | (3) donate blood or blood components if the person's |
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37 | 39 | | hemoglobin level is less than 13 grams per deciliter; or |
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38 | 40 | | (4) receive any compensation from a blood bank for a |
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39 | 41 | | donation of the person's blood or blood components. |
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40 | 42 | | (d) A person may not sell blood or blood components donated |
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41 | 43 | | by a person younger than 18 years of age for profit or to a person |
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42 | 44 | | located outside of the United States. |
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43 | 45 | | SECTION 3. As soon as practicable after the effective date |
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44 | 46 | | of this Act, the executive commissioner of the Health and Human |
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45 | 47 | | Services Commission shall adopt rules as required by Section |
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46 | 48 | | 162.015, Health and Safety Code, as amended by this Act. |
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47 | 49 | | SECTION 4. This Act takes effect September 1, 2025. |
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