Texas 2025 - 89th Regular

Texas Senate Bill SB315 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst, Sparks S.B. No. 315
2		-
3		-
	1	+	By: Kolkhorst S.B. No. 315
	2	+	(In the Senate - Filed November 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; March 19, 2025, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; March 19, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to a property right in DNA; providing injunctive relief
9	12		and a civil penalty; creating a criminal offense.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Title 1, Property Code, is amended by adding
12	15		Chapter 3 to read as follows:
13	16		CHAPTER 3. PROPERTY RIGHT IN DNA
14	17		Sec. 3.001. DEFINITIONS. In this chapter:
15	18		(1) "DNA" means deoxyribonucleic acid.
16	19		(2) "DNA sample" means a blood sample or other
17	20		biological sample or specimen provided by an individual for the
18	21		purpose of conducting DNA analysis or storage.
19	22		(3) "Genetic characteristic" means a scientifically
20	23		or medically identifiable genetic or chromosomal variation,
21	24		composition, or alteration that predisposes an individual to a
22	25		disease, disorder, or syndrome.
23	26		(4) "Genetic test" means a presymptomatic laboratory
24	27		test of an individual's genes, products, or chromosomes that:
25	28		(A) analyzes the individual's DNA, RNA,
26	29		proteins, or chromosomes; and
27	30		(B) is performed to identify a genetic
28	31		characteristic.
29	32		(5) "RNA" means ribonucleic acid.
30	33		Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to
31		-	~~Subsections~~ (b~~) and (c~~), an individual has an exclusive property
32		-	~~right in~~ the individual's unique DNA. A person may not, without the
	34	+	Subsection (b), an individual has an exclusive property right in
	35	+	the individual's unique DNA. A person may not, without the
33	36		informed, written consent of the individual or the individual's
34	37		legal guardian or authorized representative:
35	38		(1) collect a DNA sample from an individual;
36	39		(2) perform a genetic test on an individual's DNA
37	40		sample;
38	41		(3) retain an individual's DNA sample;
39	42		(4) alter or modify an individual's DNA;
40	43		(5) sell or otherwise transfer to another person an
41	44		individual's DNA sample; or
42	45		(6) make available or allow to be made available to
43	46		another person an individual's DNA sample.
44	47		(b) Notwithstanding Subsection (a), this chapter does not
45	48		apply to a DNA sample collected for:
46	49		(1) the purpose of emergency medical treatment;
47	50		(2) the purpose of determining paternity;
48	51		(3) law enforcement purposes, including the
49	52		identification of a perpetrator, the investigation of a crime, or
50	53		the identification of a missing, unidentified, or deceased person;
51	54		or
52	55		(4) any other similar use under the laws of this state
53	56		or another jurisdiction.
54		-	(c) Notwithstanding Subsection (a), a research entity that
55		-	obtains an individual's informed, written consent in accordance
56		-	with the requirements of 45 C.F.R. Section 46.116(b):
57		-	(1) may collect and use a DNA sample from the
58		-	individual for a purpose disclosed to the individual in a written
59		-	disclosure provided to the individual during the informed consent
60		-	process; and
61		-	(2) may not use a DNA sample collected from the
62		-	individual for a purpose other than a purpose disclosed to the
63		-	individual in a written disclosure provided to the individual
64		-	during the informed consent process.
65	57		Sec. 3.003. CIVIL PENALTY; INJUNCTION. (a) A person who
66	58		violates Section 3.002 is liable to the state for a civil penalty
67	59		not to exceed the amount of any profits that are attributable to the
68	60		violation. The amount of profits under this subsection may be
69	61		established by showing the gross revenue attributable to the
70	62		unauthorized use minus any expenses that the person who committed
71	63		the unauthorized use may prove.
72	64		(b) Subject to Subsection (a), the amount of a civil penalty
73	65		under this section shall be based on:
74	66		(1) the seriousness of the violation, including the
75	67		nature, circumstances, extent, and gravity of the violation;
76	68		(2) the economic harm caused by the violation;
77	69		(3) the history of previous violations;
78	70		(4) the amount necessary to deter a future violation;
79	71		(5) efforts to correct the violation; and
80	72		(6) any other matter that justice may require.
81	73		(c) If it appears that a person has violated Section 3.002,
82	74		the attorney general may institute an action for a civil penalty,
83	75		injunctive relief, or both.
84	76		(d) The attorney general may recover reasonable attorney's
85	77		fees and expenses and court costs incurred in recovering a civil
86	78		penalty or obtaining injunctive relief under this section.
87	79		Sec. 3.004. CRIMINAL PENALTY. A person commits an offense
88	80		if the person, with criminal negligence, violates Section 3.002.
89	81		An offense under this section is a Class A misdemeanor.
90	82		SECTION 2. Chapter 3, Property Code, as added by this Act,
91	83		does not apply to the use or retention of a DNA sample collected or
92	84		provided before the effective date of this Act.
93	85		SECTION 3. This Act takes effect September 1, 2025.
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