By: Kerwin H.B. No. 2991
A BILL TO BE ENTITLED
AN ACT
relating to the donation of blood by persons younger than 18 years
of age; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.013(a), Health and Safety Code, is
amended to read as follows:
(a) A person who is injured by a violation of Section
162.006, 162.007, 162.010, [or] 162.011, or 162.015 may bring a
civil action for damages. In addition, any person may bring an
action to restrain such a violation or threatened violation.
SECTION 2. Section 162.015, Health and Safety Code, is
amended to read as follows:
Sec. 162.015. DONATION OF BLOOD BY PERSONS YOUNGER THAN 18
YEARS OF AGE. (a) A person 17 years of age may donate the person's
blood or blood components if the person's parent, managing
conservator, or legal guardian who is legally authorized to consent
to the person's medical care provides written informed consent to
the donation.
(b) The executive commissioner by rule shall prescribe the
form for the informed consent required under Subsection (a). The
form must include information regarding the risks and potential
health effects of donating blood or blood components, including
risks and health effects specific to persons younger than 18 years
of age.
(c) [A person who is 17 years of age may consent to the
donation of the person's blood or blood components.] A person
younger than 18 years of age may not:
(1) provide more than one donation of blood or blood
components within 24 hours;
(2) provide more than two donations of blood or blood
components within a calendar year;
(3) donate blood or blood components if the person's
hemoglobin level is less than 13 grams per deciliter; or
(4) receive any compensation from a blood bank for a
donation of the person's blood or blood components.
(d) A person may not sell blood or blood components donated
by a person younger than 18 years of age for profit or to a person
located outside of the United States.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as required by Section
162.015, Health and Safety Code, as amended by this Act.
SECTION 4. This Act takes effect September 1, 2025.