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.