BILL ANALYSIS Senate Research Center S.B. 315 89R3701 RAL-D By: Kolkhorst Health & Human Services 3/7/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT DNA and genetic mapping have come a long way from the first X-ray crystallography photographs in 1951. Today, within hours, an individual's DNA can be shipped, tested, and unzipped. From disease predisposition to unknown biological relatives to ethnic heritage, everything about a person can be mapped and sold from a simple DNA sample. Under current statute, individual protections are limited. The growing interest in DNA-based products in the marketplace has increased concerns over whether a person has ownership over their DNA and genetic makeup. DNA testing and direct-to-consumer testing kits, such as 23andMe and AncestryDNA, have given private companies access to a person's genetic makeup with minimal oversight. There is limited privacy and protection against what is done with an individual's DNA once it is in the company's possession or outsourced to a third party. This new frontier of genetic information-sharing exacerbates worries over political and enforcement abuses, as the entities that purchase or share genetic information are rarely known to the consumer. There are additional ethical concerns regarding polygenic scores, also known as genetic risk scores, used to predict disease and intelligence. Experts remain wary of the connection between DNA testing and eugenics, discrimination, and social inequality. In 2023, 23andMe experienced a data breach affecting nearly seven million users who had provided DNA to the company. The company's entire board resigned, except for the CEO, and 40 percent of the company's employees were laid off. This raises serious concerns regarding what happens to a person's DNA once a company dissolves. Without this law in place, a person's DNA is merely sold off to the highest bidder. As proposed, S.B. 315 amends current law relating to a property right in DNA, provides injunctive relief and a civil penalty, and creates a criminal offense. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 1, Property Code, by adding Chapter 3, as follows: CHAPTER 3. PROPERTY RIGHT IN DNA Sec. 3.001. DEFINITIONS. Defines "DNA," "DNA sample," "genetic characteristic," "genetic test," and "RNA." Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Provides that, subject to Subsection (b), an individual has an exclusive property right in the individuals unique DNA. Prohibits a person, without the informed, written consent of the individual or the individual's legal guardian or authorized representative, from taking certain actions relating to DNA samples. (b) Provides that, notwithstanding Subsection (a), this chapter does not apply to a DNA sample collected for certain uses. Sec. 3.003. CIVIL PENALTY; INJUNCTION. (a) Provides that a person who violates Section 3.002 is liable to the state for a civil penalty not to exceed the amount of any profits that are attributable to the violation. Authorizes the amount of profits under this subsection to be established by showing the gross revenue attributable to the unauthorized use minus any expenses that the person who committed the unauthorized use may prove. (b) Requires that the amount of a civil penalty under this section, subject to Subsection (a), be based on certain factors. (c) Authorizes the attorney general, if it appears that a person has violated Section 3.002, to institute an action for a civil penalty, injunctive relief, or both. (d) Authorizes the attorney general to recover reasonable attorney's fees and expenses and court costs incurred in recovering a civil penalty or obtaining injunctive relief under this section. Sec. 3.004. CRIMINAL PENALTY. Provides that a person commits an offense if the person, with criminal negligence, violates Section 3.002. Provides that an offense under this section is a Class A misdemeanor. SECTION 2. Provides that Chapter 3, Property Code, as added by this Act, does not apply to the use or retention of a DNA sample collected or provided before the effective date of this Act. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 315
89R3701 RAL-D By: Kolkhorst
Health & Human Services
3/7/2025
As Filed
Senate Research Center
S.B. 315
89R3701 RAL-D
By: Kolkhorst
Health & Human Services
3/7/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
DNA and genetic mapping have come a long way from the first X-ray crystallography photographs in 1951. Today, within hours, an individual's DNA can be shipped, tested, and unzipped. From disease predisposition to unknown biological relatives to ethnic heritage, everything about a person can be mapped and sold from a simple DNA sample. Under current statute, individual protections are limited.
The growing interest in DNA-based products in the marketplace has increased concerns over whether a person has ownership over their DNA and genetic makeup. DNA testing and direct-to-consumer testing kits, such as 23andMe and AncestryDNA, have given private companies access to a person's genetic makeup with minimal oversight. There is limited privacy and protection against what is done with an individual's DNA once it is in the company's possession or outsourced to a third party.
This new frontier of genetic information-sharing exacerbates worries over political and enforcement abuses, as the entities that purchase or share genetic information are rarely known to the consumer. There are additional ethical concerns regarding polygenic scores, also known as genetic risk scores, used to predict disease and intelligence. Experts remain wary of the connection between DNA testing and eugenics, discrimination, and social inequality.
In 2023, 23andMe experienced a data breach affecting nearly seven million users who had provided DNA to the company. The company's entire board resigned, except for the CEO, and 40 percent of the company's employees were laid off. This raises serious concerns regarding what happens to a person's DNA once a company dissolves. Without this law in place, a person's DNA is merely sold off to the highest bidder.
As proposed, S.B. 315 amends current law relating to a property right in DNA, provides injunctive relief and a civil penalty, and creates a criminal offense.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 1, Property Code, by adding Chapter 3, as follows:
CHAPTER 3. PROPERTY RIGHT IN DNA
Sec. 3.001. DEFINITIONS. Defines "DNA," "DNA sample," "genetic characteristic," "genetic test," and "RNA."
Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Provides that, subject to Subsection (b), an individual has an exclusive property right in the individuals unique DNA. Prohibits a person, without the informed, written consent of the individual or the individual's legal guardian or authorized representative, from taking certain actions relating to DNA samples.
(b) Provides that, notwithstanding Subsection (a), this chapter does not apply to a DNA sample collected for certain uses.
Sec. 3.003. CIVIL PENALTY; INJUNCTION. (a) Provides that a person who violates Section 3.002 is liable to the state for a civil penalty not to exceed the amount of any profits that are attributable to the violation. Authorizes the amount of profits under this subsection to be established by showing the gross revenue attributable to the unauthorized use minus any expenses that the person who committed the unauthorized use may prove.
(b) Requires that the amount of a civil penalty under this section, subject to Subsection (a), be based on certain factors.
(c) Authorizes the attorney general, if it appears that a person has violated Section 3.002, to institute an action for a civil penalty, injunctive relief, or both.
(d) Authorizes the attorney general to recover reasonable attorney's fees and expenses and court costs incurred in recovering a civil penalty or obtaining injunctive relief under this section.
Sec. 3.004. CRIMINAL PENALTY. Provides that a person commits an offense if the person, with criminal negligence, violates Section 3.002. Provides that an offense under this section is a Class A misdemeanor.
SECTION 2. Provides that Chapter 3, Property Code, as added by this Act, does not apply to the use or retention of a DNA sample collected or provided before the effective date of this Act.
SECTION 3. Effective date: September 1, 2025.