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A BILL TO BE ENTITLED
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AN ACT
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relating to a property right in DNA; providing injunctive relief |
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and a civil penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Property Code, is amended by adding |
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Chapter 3 to read as follows: |
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CHAPTER 3. PROPERTY RIGHT IN DNA |
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Sec. 3.001. DEFINITIONS. In this chapter: |
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(1) "DNA" means deoxyribonucleic acid. |
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(2) "DNA sample" means a blood sample or other |
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biological sample or specimen provided by an individual for the |
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purpose of conducting DNA analysis or storage. |
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(3) "Genetic characteristic" means a scientifically |
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or medically identifiable genetic or chromosomal variation, |
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composition, or alteration that predisposes an individual to a |
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disease, disorder, or syndrome. |
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(4) "Genetic test" means a presymptomatic laboratory |
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test of an individual's genes, products, or chromosomes that: |
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(A) analyzes the individual's DNA, RNA, |
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proteins, or chromosomes; and |
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(B) is performed to identify a genetic |
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characteristic. |
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(5) "RNA" means ribonucleic acid. |
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Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to |
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Subsection (b), an individual has an exclusive property right in |
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the individual's unique DNA. A person may not, without the |
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informed, written consent of the individual or the individual's |
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legal guardian or authorized representative: |
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(1) collect a DNA sample from an individual; |
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(2) perform a genetic test on an individual's DNA |
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sample; |
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(3) retain an individual's DNA sample; or |
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(4) alter or modify an individual's DNA. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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apply to a DNA sample collected for: |
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(1) the purpose of emergency medical treatment; |
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(2) the purpose of determining paternity; |
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(3) law enforcement purposes, including the |
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identification of a perpetrator, the investigation of a crime, or |
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the identification of a missing, unidentified, or deceased person; |
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or |
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(4) any other similar use under the laws of this state |
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or another jurisdiction. |
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Sec. 3.003. CIVIL PENALTY; INJUNCTION. (a) A person who |
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violates Section 3.002 is liable to the state for a civil penalty |
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not to exceed the amount of any profits that are attributable to the |
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violation. The amount of profits under this subsection may be |
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established by showing the gross revenue attributable to the |
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unauthorized use minus any expenses that the person who committed |
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the unauthorized use may prove. |
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(b) Subject to Subsection (a), the amount of a civil penalty |
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under this section shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the economic harm caused by the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter a future violation; |
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(5) efforts to correct the violation; and |
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(6) any other matter that justice may require. |
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(c) If it appears that a person has violated Section 3.002, |
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the attorney general may institute an action for a civil penalty, |
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injunctive relief, or both. |
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(d) The attorney general may recover reasonable attorney's |
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fees and expenses and court costs incurred in recovering a civil |
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penalty or obtaining injunctive relief under this section. |
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Sec. 3.004. CRIMINAL PENALTY. A person commits an offense |
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if the person, with criminal negligence, violates Section 3.002. |
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An offense under this section is a Class A misdemeanor. |
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SECTION 2. Chapter 3, Property Code, as added by this Act, |
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does not apply to the use or retention of a DNA sample collected or |
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provided before the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |