88R12232 MCF-F
 
  By: Guerra H.B. No. 4136
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to publication of national organ transplant waiting list
  information on the Department of State Health Services' Internet
  website and donors included in the anatomical gift registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 692A.005(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A donor may make an anatomical gift:
               (1)  on inclusion in the Glenda Dawson Donate
  Life-Texas Registry, as demonstrated by [authorizing] a statement
  or symbol [indicating that the donor has made an anatomical gift to
  be] imprinted on the donor's driver's license or personal
  identification certificate in the manner described by Section
  521.401, Transportation Code, indicating the donor is willing to
  make an anatomical gift [card];
               (2)  in a will;
               (3)  during a terminal illness or injury of the donor,
  by any form of communication addressed to at least two adults, at
  least one of whom is a disinterested witness; or
               (4)  as provided in Subsection (b).
         SECTION 2.  Chapter 692A, Health and Safety Code, is amended
  by adding Section 692A.024 to read as follows:
         Sec. 692A.024.  INFORMATION ON NATIONAL WAITING LIST FOR
  ORGAN TRANSPLANT. The department shall prepare and publish on the
  department's Internet website information on the steps necessary to
  be placed on the national waiting list for obtaining an organ
  transplant.
         SECTION 3.  Section 502.189(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall make available for distribution to
  each office authorized to issue motor vehicle registrations Donate
  Life brochures that provide basic donor information in English and
  Spanish and a contact phone number and e-mail address. The
  department shall ensure that the question provided in Section
  521.401(c-1) [521.401(c)(1)(B)] and information on the donor
  registry Internet website is included with registration renewal
  notices.
         SECTION 4.  Sections 521.401(c), (c-1), and (e),
  Transportation Code, are amended to read as follows:
         (c)  Donor registry information shall be provided to the
  department and the Texas Department of Transportation by organ
  procurement organizations, tissue banks, or eye banks, as those
  terms are defined in Section 692A.002, Health and Safety Code, or by
  the Glenda Dawson Donate Life-Texas Registry operated under Chapter
  692A, Health and Safety Code. The department, with expert input and
  support from the nonprofit organization administering the Glenda
  Dawson Donate Life-Texas Registry, shall:
               (1)  provide to each applicant for the issuance of an
  original, renewal, corrected, or duplicate driver's license or
  personal identification certificate who applies in person, by mail,
  over the Internet, or by other electronic means, an opportunity for
  the person to:
                     (A)  include a statement or symbol imprinted [the
  opportunity to indicate] on the person's driver's license or
  personal identification certificate indicating that the person is
  willing to make an anatomical gift, in the event of death, in
  accordance with Section 692A.005, Health and Safety Code; and
                     (B)  [an opportunity for the person to] consent to
  inclusion of the person's information in the statewide
  Internet-based registry of organ, tissue, and eye donors and
  release of the information to procurement organizations in the
  manner provided by Subsection (c-1); and
               (2)  provide a means to distribute donor registry
  information to interested individuals in each office authorized to
  issue driver's licenses or personal identification certificates.
         (c-1)  The department shall:
               (1)  specifically ask each applicant only the question,
  "Ninety percent of Texans believe in organ donation;  would you like
  to join the organ donor registry?" ["Would you like to register as
  an organ donor?"]; and
               (2)  if the applicant responds affirmatively to the
  question asked under Subdivision (1), provide the person's name,
  date of birth, driver's license number, most recent address, and
  other information needed for identification purposes at the time of
  donation to the nonprofit organization contracted to maintain the
  statewide donor registry under Section 692A.020, Health and Safety
  Code, for inclusion in the registry.
         (e)  The department shall distribute at all field offices
  Donate Life brochures that provide basic donation information in
  English and Spanish and include a contact phone number and e-mail
  address. The department shall include the question required under
  Subsection (c-1) [(c)(1)(B)] and information on the donor registry
  Internet website in renewal notices.
         SECTION 5.  The changes in law made by this Act apply only to
  a driver's license or personal identification certificate for which
  an application is submitted on or after the effective date of this
  Act. A driver's license or personal identification certificate for
  which an application was submitted before the effective date of
  this Act is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 6.  This Act takes effect September 1, 2023.