By Wilson H.B. No. 1239 77R1001 MCK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to retention requirements for and access to blood 1-3 specimens taken for newborn screenings; providing a criminal 1-4 penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 33, Health and Safety Code, 1-7 is amended by adding Section 33.017 to read as follows: 1-8 Sec. 33.017. RETENTION OF AND ACCESS TO BLOOD SPECIMEN. (a) 1-9 After the newborn screening test has been performed on a blood 1-10 specimen taken under this subchapter, the department shall retain 1-11 the blood specimen in a secure location. The department may not 1-12 destroy a blood specimen received under this subchapter. 1-13 (b) Except as provided by Subsection (c), the department may 1-14 not allow a person to access a blood specimen after the newborn 1-15 screening test has been performed. 1-16 (c) A law enforcement agency may access a blood specimen 1-17 taken under this subchapter only if the law enforcement agency has 1-18 obtained a court order to access the blood specimen. A court may 1-19 authorize a law enforcement agency to access a blood specimen only 1-20 for law enforcement purposes. 1-21 (d) A blood specimen retained by the department under this 1-22 section is confidential and is not subject to disclosure under the 1-23 open records law, Chapter 552, Government Code. 1-24 (e) A person commits an offense if the person knowingly 2-1 discloses a blood specimen in violation of this section. An 2-2 offense under this subsection is a misdemeanor punishable by: 2-3 (1) a fine of not more than $1,000; 2-4 (2) confinement in the county jail for not more than 2-5 six months; or 2-6 (3) both the fine and confinement. 2-7 (f) The department shall adopt rules to implement this 2-8 section. 2-9 SECTION 2. This Act takes effect January 1, 2002.