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A BILL TO BE ENTITLED
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AN ACT
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relating to publication of national organ transplant waiting list |
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information on the Department of State Health Services' Internet |
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website and donors included in the anatomical gift registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 692A.005(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A donor may make an anatomical gift: |
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(1) on inclusion in the Glenda Dawson Donate |
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Life-Texas Registry, as demonstrated by [authorizing] a statement |
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or symbol [indicating that the donor has made an anatomical gift to |
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be] imprinted on the donor's driver's license or personal |
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identification certificate in the manner described by Section |
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521.401, Transportation Code, indicating the donor is willing to |
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make an anatomical gift [card]; |
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(2) in a will; |
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(3) during a terminal illness or injury of the donor, |
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by any form of communication addressed to at least two adults, at |
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least one of whom is a disinterested witness; or |
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(4) as provided in Subsection (b). |
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SECTION 2. Section 692A.007(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An individual may refuse to make an anatomical gift of |
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the individual's body or part by: |
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(1) a record signed by: |
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(A) the individual; or |
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(B) subject to Subsection (b), another |
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individual acting at the direction of the individual if the |
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individual is physically unable to sign; |
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(2) the individual's will, whether or not the will is |
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admitted to probate or invalidated after the individual's death; |
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[or] |
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(3) any form of communication made by the individual |
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during the individual's terminal illness or injury addressed to at |
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least two adults, at least one of whom is a disinterested witness; |
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or |
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(4) for an individual 18 years of age or older, |
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submission of the individual's refusal with the individual's |
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application for an original, renewal, corrected, or duplicate |
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driver's license or personal identification certificate, in the |
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manner described by Section 521.401, Transportation Code. |
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SECTION 3. Chapter 692A, Health and Safety Code, is amended |
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by adding Section 692A.024 to read as follows: |
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Sec. 692A.024. INFORMATION ON NATIONAL WAITING LIST FOR |
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ORGAN TRANSPLANT. The department shall prepare and publish on the |
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department's Internet website information on the steps necessary to |
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be placed on the national waiting list for obtaining an organ |
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transplant. |
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SECTION 4. Section 502.189(b), Transportation Code, is |
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amended to read as follows: |
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(b) The department shall make available for distribution to |
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each office authorized to issue motor vehicle registrations Donate |
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Life brochures that provide basic donor information in English and |
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Spanish and a contact phone number and e-mail address. The |
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department shall ensure that the question provided in Section |
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521.401(c-1) [521.401(c)(1)(B)] and information on the donor |
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registry Internet website is included with registration renewal |
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notices. |
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SECTION 5. Sections 521.401(c), (c-1), and (e), |
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Transportation Code, are amended to read as follows: |
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(c) Donor registry information shall be provided to the |
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department and the Texas Department of Transportation by organ |
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procurement organizations, tissue banks, or eye banks, as those |
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terms are defined in Section 692A.002, Health and Safety Code, or by |
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the Glenda Dawson Donate Life-Texas Registry operated under Chapter |
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692A, Health and Safety Code. The department, with expert input and |
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support from the nonprofit organization administering the Glenda |
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Dawson Donate Life-Texas Registry, shall: |
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(1) provide to each applicant for the issuance of an |
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original, renewal, corrected, or duplicate driver's license or |
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personal identification certificate who applies in person, by mail, |
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over the Internet, or by other electronic means: |
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(A) if the applicant is younger than 18 years of |
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age, an [the] opportunity for the person to: |
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(i) include a statement or symbol imprinted |
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[to indicate] on the person's driver's license or personal |
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identification certificate indicating that the person is willing to |
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make an anatomical gift, in the event of death, in accordance with |
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Section 692A.005, Health and Safety Code; and |
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(ii) [(B) an opportunity for the person to] |
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consent to inclusion of the person's information in the statewide |
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Internet-based registry of organ, tissue, and eye donors and |
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release of the information to procurement organizations in the |
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manner provided by Subsection (c-1); and |
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(B) if the applicant is 18 years of age or older, |
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an opportunity for the person to: |
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(i) refuse inclusion of a statement or |
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symbol imprinted on the person's driver's license or personal |
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identification certificate indicating that the person is willing to |
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make an anatomical gift, in the event of death, in accordance with |
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Section 692A.005, Health and Safety Code; and |
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(ii) refuse to consent to inclusion of the |
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person's information in the statewide Internet-based registry of |
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organ, tissue, and eye donors and release of the information to |
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procurement organizations in the manner provided by Subsection |
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(c-1); and |
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(2) provide a means to distribute donor registry |
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information to interested individuals in each office authorized to |
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issue driver's licenses or personal identification certificates. |
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(c-1) The department shall: |
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(1) for each applicant younger than 18 years of age: |
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(A) specifically ask the [each] applicant only |
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the question, "Would you like to register as an organ donor?"; and |
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(B) [(2)] if the applicant responds |
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affirmatively to the question asked under Paragraph (A) |
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[Subdivision (1)], provide the person's name, date of birth, |
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driver's license number, most recent address, and other information |
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needed for identification purposes at the time of donation to the |
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nonprofit organization contracted to maintain the statewide donor |
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registry under Section 692A.020, Health and Safety Code, for |
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inclusion in the registry; and |
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(2) for each applicant who is 18 years of age or older: |
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(A) specifically ask the applicant the question, |
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"Would you like to refuse to join the organ donor registry?" and |
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state, "By answering 'no' to the previous question or not answering |
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the previous question, you consent to join the organ donor registry |
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and for your information to be included in the registry."; and |
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(B) if the applicant does not affirmatively |
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refuse to join the registry under Paragraph (A), provide for |
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inclusion in the registry the applicant's name, date of birth, |
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driver's license number, most recent address, and other information |
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needed for identification purposes at the time of donation to the |
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nonprofit organization contracted to maintain the statewide donor |
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registry under Section 692A.020, Health and Safety Code. |
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(e) The department shall distribute at all field offices |
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Donate Life brochures that provide basic donation information in |
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English and Spanish and include a contact phone number and e-mail |
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address. The department shall include the questions [question] |
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required under Subsection (c-1) [(c)(1)(B)] and information on the |
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donor registry Internet website in renewal notices. |
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SECTION 6. The changes in law made by this Act apply only to |
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a driver's license or personal identification certificate for which |
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an application is submitted on or after the effective date of this |
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Act. A driver's license or personal identification certificate for |
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which an application was submitted before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |