Texas 2025 - 89th Regular

Texas House Bill HB50 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R18093 JTZ-F
2		-	By: Jones of Dallas, Oliverson, Rose, Campos, H.B. No. 50
3		-	Guillen, et al.
	2	+	By: Jones of Dallas H.B. No. 50
4	3
5	4
6	5
7	6
8	7		A BILL TO BE ENTITLED
9	8		AN ACT
10	9		relating to informed consent for certain screening tests.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Section 85.002, Health and Safety Code, is
13	12		amended by adding Subdivision (4-a) to read as follows:
14	13		(4-a) "Screening test" means a rapid analytical
15	14		laboratory or other procedure to determine the need for further
16	15		diagnostic evaluation relating to an infection described by
17	16		Subdivision (1) or (4).
18	17		SECTION 2. Subchapter D, Chapter 85, Health and Safety
19	18		Code, is amended by adding Section 85.0815 to read as follows:
20	19		Sec. 85.0815. OPT-OUT TESTING IN MEDICAL SCREENINGS FOR
21	20		SEXUALLY TRANSMITTED DISEASES. (a) A health care provider who
22	21		collects a sample of an individual's blood as part of a medical
23	22		screening for a sexually transmitted disease shall submit the
24	23		sample for a screening test, unless the individual opts out of the
25	24		screening test.
26	25		(b) Before collecting a sample of an individual's blood as
27	26		part of a medical screening for a sexually transmitted disease, a
28	27		health care provider must obtain the individual's consent for a
29	28		screening test and inform the individual that the screening test
30	29		will be performed unless the individual opts out of the screening
31	30		test.
32	31		(c) If an individual receives a positive test result for a
33	32		screening test conducted under Subsection (a), the health care
34	33		provider who submitted the individual's blood for the test must
35	34		provide information on available and applicable health care,
36	35		education, prevention, and social support services to the
37	36		individual.
38	37		(d) The executive commissioner shall adopt rules to
39	38		implement this section. In adopting rules, the executive
40	39		commissioner must consider the most recent recommendations of the
41	40		Centers for Disease Control and Prevention for testing of adults
42	41		and adolescents using a screening test.
43	42		SECTION 3. (a) The executive commissioner of the Health and
44	43		Human Services Commission shall adopt the rules required by Section
45	44		85.0815, Health and Safety Code, as added by this Act, not later
46	45		than January 1, 2026.
47	46		(b) Notwithstanding Section 85.0815, Health and Safety
48	47		Code, as added by this Act, a health care provider is not required
49	48		to comply with that section until January 1, 2026.
50	49		SECTION 4. (a) Notwithstanding any other section of this
51	50		Act, in a state fiscal year, the Health and Human Services
52	51		Commission is not required to implement a mandatory provision in
53	52		another section of this Act imposing a duty on the commission to
54	53		take an action unless money is specifically appropriated to the
55	54		commission for that fiscal year to carry out that duty. The
56	55		commission may implement the provision in that fiscal year to the
57	56		extent other funding is available to the commission for the
58	57		implementation.
59	58		(b) If, as authorized by Subsection (a) of this section, the
60	59		Health and Human Services Commission does not implement the
61	60		mandatory provision in a state fiscal year, the commission, in the
62	61		commission's legislative budget request for the next state fiscal
63	62		biennium, shall certify that fact to the Legislative Budget Board
64	63		and include a written estimate of the costs of implementing the
65	64		provision in each year of that next state fiscal biennium.
66	65		(c) This section expires and any duty suspended by
67	66		Subsection (a) of this section becomes mandatory on September 1,
68	67		2029.
69	68		SECTION 5. This Act takes effect September 1, 2025.