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.