79R1081 YDB-F
By: Zaffirini S.B. No. 24
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a donor education, awareness, and
registry program and the establishment of an organ donor and tissue
council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 521.401(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) The statement of gift may be shown on a donor's driver's
license or personal identification certificate or by a card
designed to be carried by the donor to evidence the donor's
intentions with respect to organ, tissue, and eye donation. A donor
card signed by the donor shall be given effect as if executed
pursuant to Section 692.003(d), Health and Safety Code.
(c) Donor cards shall be provided to the department by
qualified organ or tissue procurement organizations or eye banks,
as those terms are defined in Section 692.002, Health and Safety
Code. The department 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:
(A) the opportunity to indicate on the person's
driver's license or personal identification certificate that the
person is willing to make an anatomical gift, in the event of death,
in accordance with Section 692.003, Health and Safety Code; and
(B) an opportunity for the person to consent in
writing to the department's provision of the person's name, date of
birth, driver's license number, and most recent address to the
Living Bank International or other organization selected by the
public safety director under Section 521.406 for inclusion in the
statewide Internet-based registry of organ, tissue, and eye donors
and for release to qualified organ, tissue, and eye bank
organizations; and
(2) provide a means to distribute donor cards to
interested individuals in each office authorized to issue driver's
licenses or personal identification certificates[. The department
and other appropriate state agencies, in cooperation with qualified
organ, tissue, and eye bank organizations shall pursue the
development of a combined statewide database of donors].
(d) An [Effective September 1, 1997, a statement of gift on
driver's licenses or personal identification certificates shall
have no force and effect, provided, however, that an] affirmative
statement of gift on a person's driver's license or personal
identification certificate executed after August 31, 2005 [prior to
September 1, 1997], shall be conclusive evidence of a decedent's
status as a donor and serve as consent for organ, tissue, and eye
removal.
SECTION 2. Section 521.402, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) To revoke an affirmative statement of gift on a
person's driver's license or personal identification certificate
[made prior to September 1, 1997], a person must apply to the
department for an amendment to the license or certificate.
(c) To have a person's name deleted from the statewide
Internet-based registry of organ, tissue, and eye donors maintained
as provided by Section 521.406, a person must provide written
notice to the Living Bank International or other organization
selected by the public safety director under that section to
maintain the registry directing the deletion of the person's name
from the registry. On receipt of a written notice under this
subsection, the Living Bank International or other organization
shall promptly remove the person's name and information from the
registry.
SECTION 3. Section 521.403, Transportation Code, is amended
to read as follows:
Sec. 521.403. INFORMATION PROVIDED TO HOSPITAL. The donor
card of a person who is involved in an accident or other trauma
shall accompany the person to the hospital or other health care
facility. The driver's license or personal identification
certificate [issued prior to September 1, 1997,] indicating an
affirmative statement of gift of a person who is involved in an
accident or other trauma[,] shall accompany the person to the
hospital or health care facility if the person does not have a donor
card.
SECTION 4. Subchapter Q, Chapter 521, Transportation Code,
is amended by adding Section 521.406 to read as follows:
Sec. 521.406. DONOR EDUCATION, AWARENESS, AND REGISTRY
PROGRAM OF TEXAS. (a) The department shall establish the Donor
Education, Awareness, and Registry Program of Texas.
(b) The department shall enter into an agreement with the
Living Bank International or other organization selected by the
public safety director under a competitive proposal process for the
establishment and maintenance of a statewide Internet-based
registry of organ, tissue, and eye donors. Contingent on the
continued availability of appropriations under Subsection (f), the
term of the initial agreement is six years and is automatically
renewed for four-year terms thereafter unless terminated in a
written notice to the other party by the department or organization
not later than the 180th day before the last day of a term.
(c) The department shall electronically transfer to the
Living Bank International, or other organization selected by the
public safety director, the name, date of birth, driver's license
number, and most recent address of any person who indicates on the
person's driver's license application under Section 521.401 that
the person would like to make an anatomical gift and consents in
writing to the department's release of the information to the
Living Bank International or other organization for inclusion in
the statewide Internet-based registry of organ, tissue, and eye
donors.
(d) The Living Bank International or other organization
selected by the public safety director shall:
(1) make information obtained from the department
under Subsection (c) available to qualified organ, tissue, and eye
bank organizations; and
(2) maintain the statewide Internet-based registry of
organ, tissue, and eye donors in a manner that allows qualified
organ, tissue, and eye bank organizations to immediately access
organ, tissue, and eye donation information 24 hours a day, seven
days a week through electronic and telephonic methods.
(e) The department shall make available in each office
authorized to issue driver's licenses or personal identification
certificates educational materials developed by the Living Bank
International or other organization selected by the public safety
director for purposes of the program established under this
section.
(f) The department shall remit to the Living Bank
International or other organization selected by the public safety
director the money collected under Sections 521.421(g),
521.422(c), and 502.1745 and appropriated to the department, less
any money the department determines is necessary to pay costs
incurred by the Texas Organ, Tissue, and Eye Donor Council under
Chapter 113, Health and Safety Code. Money remitted to the Living
Bank International or other organization must be spent in
accordance with the priorities established by the department as
recommended by the council to pay the costs of:
(1) maintaining, operating, and updating the
statewide Internet-based donor registry; and
(2) designing and distributing educational material
for prospective donors as required under this section.
(g) The Living Bank International or other organization
selected by the public safety director shall submit an annual
written report to the public safety director that includes:
(1) the number of donors listed on the registry;
(2) changes in the number of donors listed on the
registry; and
(3) the demographic characteristics of listed donors,
to the extent the characteristics may be determined from
information provided on donor registry forms submitted by donors to
the Living Bank International or other organization.
SECTION 5. Section 521.421(g), Transportation Code, is
amended to read as follows:
(g) The department shall collect an additional fee of $1 for
the issuance or renewal of a license to pay the costs of the Donor
Education, Awareness, and Registry Program of Texas, established
under Section 521.406, and of the Texas Organ, Tissue, and Eye Donor
Council, established under Chapter 113 [fund the anatomical gift
educational program established under Chapter 49], Health and
Safety Code, if the person applying for or renewing a license opts
to pay the additional fee. The department shall remit fees
collected under this subsection to the comptroller, who shall
maintain the identity of the source of the fees.
SECTION 6. Section 521.422(c), Transportation Code, is
amended to read as follows:
(c) The department shall collect an additional fee of $1 for
the issuance or renewal of a personal identification card to pay the
costs of the Donor Education, Awareness, and Registry Program of
Texas, established under Section 521.406, and of the Texas Organ,
Tissue, and Eye Donor Council, established under Chapter 113 [fund
the anatomical gift educational program established under Chapter
49], Health and Safety Code, if the person applying for or renewing
a personal identification card opts to pay the additional fee. The
department shall remit fees collected under this subsection to the
comptroller, who shall maintain the identity of the source of the
fees.
SECTION 7. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.1745 to read as follows:
Sec. 502.1745. VOLUNTARY FEE. (a) The Department of
Public Safety shall provide to each county assessor-collector the
educational materials for prospective donors provided as required
by the Donor Education, Awareness, and Registry Program of Texas
under Section 521.406. A county assessor-collector shall make the
educational materials available in each office authorized to
accept applications for registration of motor vehicles.
(b) A county assessor-collector shall collect an additional
fee of $1 for the registration or renewal of registration of a motor
vehicle to pay the costs of the Donor Education, Awareness, and
Registry Program of Texas, established under Section 521.406, and
of the Texas Organ, Tissue, and Eye Donor Council, established
under Chapter 113, Health and Safety Code, if the person
registering or renewing the registration of a motor vehicle opts to
pay the additional fee. Notwithstanding any other provision of
this chapter, the county assessor-collector shall remit all fees
collected under this subsection to the comptroller, who shall
maintain the identity of the source of the fees.
SECTION 8. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. TEXAS ORGAN, TISSUE, AND EYE DONOR COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Organ, Tissue, and Eye
Donor Council.
(2) "Department" means the Texas Department of Public
Safety.
(3) "Public safety director" means the public safety
director of the department.
Sec. 113.002. SUNSET PROVISION. The Texas Organ, Tissue,
and Eye Donor Council is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the council is abolished and this chapter expires
September 1, 2017.
[Sections 113.003–113.050 reserved for expansion]
SUBCHAPTER B. COUNCIL
Sec. 113.051. COMPOSITION OF COUNCIL. (a) The council is
composed of:
(1) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(2) a representative of the department appointed by
the public safety director;
(3) a representative of the Texas Department of
Transportation appointed by the director of that agency;
(4) eight professional members appointed by the
governor, including:
(A) one representative of an independent
nonprofit tissue procurement provider in this state that is not
affiliated with an organ procurement organization;
(B) three representatives of acute care
hospitals in this state;
(C) one representative of an independent
nonprofit eye bank in this state that is not affiliated with an
organ procurement organization; and
(D) three representatives of organ procurement
organizations;
(5) four public members appointed by the lieutenant
governor; and
(6) three public members appointed by the speaker of
the house of representatives.
(b) A public member of the council must:
(1) be a donor, recipient, or member of a donor's
family; and
(2) be selected from a pool of members compiled from
the recommendations of the following nonprofit organizations in the
field of transplantation and organ donor education:
(A) the Texas Medical Association;
(B) the Texas Transplant Society;
(C) the Transplant Nurses' Association;
(D) the National Kidney Foundation;
(E) the National Minority Organ Tissue
Transplant Education Program; and
(F) the American Society of Minority Health and
Transplant Professionals.
(c) A member of the council who is a representative of an
agency of this state is a nonvoting member of the council.
(d) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
Sec. 113.052. PUBLIC MEMBERSHIP ELIGIBILITY. A person is
not eligible for appointment as a public member of the council if
the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
council or from the department regarding a matter on which the
council advises the department;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the council or from the
department regarding a matter on which the council advises the
department; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the council or from the department
regarding a matter on which the council advises the department,
other than compensation or reimbursement authorized by law for
council membership, attendance, or expenses.
Sec. 113.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a nonprofit,
cooperative, and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of health care may not be a member or
employee of the council.
(c) A person who is the spouse of an officer, employee, or
paid consultant of a Texas trade association in the field of health
care may not be a member of the council and may not be an employee of
the council who is exempt from the state's position classification
plan or is compensated at or above the minimum amount prescribed by
the General Appropriations Act for salary group A17 of the position
classification salary schedule.
(d) A person may not serve as a member of the council or act
as the general counsel to the council if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the council.
Sec. 113.054. TERMS; VACANCY. (a) Council members
appointed by the governor, lieutenant governor, or speaker of the
house serve for staggered six-year terms, with the terms of five
members expiring February 1 of each odd-numbered year.
(b) A council member appointed as a representative of an
agency serves at the will of the appointing agency.
(c) If a vacancy occurs, the appropriate appointing
authority shall appoint a person, in the same manner as the original
appointment, to serve for the remainder of the unexpired term.
(d) An appointed member may not serve more than one term
consecutively.
Sec. 113.055. PRESIDING OFFICER. The governor shall
designate a public member of the council as the presiding officer of
the council to serve in that capacity at the will of the governor.
Sec. 113.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the council that a member:
(1) does not have at the time of taking office the
qualifications required by Section 113.051 or 113.052;
(2) does not maintain during service on the council
the qualifications required by Section 113.051;
(3) is ineligible for membership under Section 113.052
or 113.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
(c) If the public safety director has knowledge that a
potential ground for removal exists, the director shall notify the
presiding officer of the council of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
director shall notify the next highest ranking officer or most
senior member of the council, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
Sec. 113.057. MEETINGS; QUORUM. (a) The council shall meet
at least twice each calendar year and at the call of the presiding
officer.
(b) The council shall adopt rules for the conduct of its
meetings.
(c) Any action taken by the council requires two-thirds of
the members to be present and the action must be approved by a
majority of the members present.
Sec. 113.058. COMPENSATION. (a) A member of the council
may not receive compensation for service on the council.
(b) A member shall be reimbursed for the member's actual and
necessary expenses for meals, lodging, transportation, and
incidental expenses incurred while performing council business,
subject to any applicable limitation on reimbursement prescribed by
the General Appropriations Act.
Sec. 113.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the council until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs involving the council;
(3) the role and functions of the council;
(4) the rules of the council;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 113.060. INFORMATION ABOUT STANDARDS OF CONDUCT. The
public safety director or the director's designee shall provide to
members of the council, as often as necessary, information
regarding the requirements for membership on the council under this
chapter, including information regarding a person's
responsibilities under laws relating to applicable standards of
conduct.
[Sections 113.061-113.100 reserved for expansion]
SUBCHAPTER C. COUNCIL POWERS AND DUTIES
Sec. 113.101. GENERAL DUTIES. The council shall:
(1) advise the public safety director of the need for
and efforts to:
(A) increase the number of state residents who
consent to organ, tissue, and eye donation;
(B) increase the number of transplants
performed; and
(C) decrease the difference between the number of
donors and the number of candidates on the waiting list;
(2) establish and prioritize the initiatives to be
implemented under the Donor Education, Awareness, and Registry
Program of Texas established under Section 521.406, Transportation
Code, under the direction of the public safety director;
(3) advise the public safety director on the
allocation of money received by the department for the council and
for donor education that is not used to pay the costs incurred in
maintaining, operating, and updating the statewide Internet-based
registry of organ, tissue, and eye donors or in designing and
distributing educational materials for prospective donors under
the Donor Education, Awareness, and Registry Program of Texas;
(4) advise the public safety director regarding the
creation of a donor education, awareness, and registry program
specifically targeted at African American and Hispanic
populations;
(5) advise the public safety director regarding ways
to organize faith-based initiatives within the Donor Education,
Awareness, and Registry Program of Texas to increase community
involvement and awareness of the benefits of organ, tissue, and eye
donation;
(6) advise the public safety director regarding ways
to coordinate and disseminate information about the Donor
Education, Awareness, and Registry Program of Texas to transplant
recipients, donors, and their families;
(7) advise the public safety director regarding
developing an interactive Internet-based educational site for the
Donor Education, Awareness, and Registry Program of Texas; and
(8) encourage research to evaluate the data and
results of the Donor Education, Awareness, and Registry Program of
Texas.
Sec. 113.102. DIVISION OF ADVISORY AND MANAGEMENT
RESPONSIBILITIES. The council shall develop and implement policies
that clearly separate the advisory responsibilities of the council
and the management responsibilities of the public safety director
and the staff of the department.
Sec. 113.103. ADVISORY COMMITTEES. (a) The council may
establish advisory committees the council considers necessary and
may determine the appropriate membership for each committee.
(b) The council shall specify the purpose and duties of each
advisory committee and shall specify any product the committee is
required to develop.
(c) Members of an advisory committee serve at the will of
the council. The council may dissolve an advisory committee when
necessary.
Sec. 113.104. GIFTS AND GRANTS. (a) The council may
receive gifts and grants from any public or private source to
perform its duties under this chapter. The department shall accept
the gifts on behalf of the council and shall deposit any funds
accepted under this section to the credit of a special account in
the general revenue fund.
(b) The department may retain five percent of a monetary
gift accepted on behalf of the council to cover its costs in
administering this section.
Sec. 113.105. REPORT. Before September 1 of each
even-numbered year, the council shall submit a report of the
council's activities and recommendations to the governor,
lieutenant governor, speaker of the house of representatives, and
members of the legislature.
Sec. 113.106. AUDIT. The financial transactions
pertaining to the council are subject to audit by the state auditor
in accordance with Chapter 321, Government Code.
SECTION 9. Chapter 49, Health and Safety Code, is repealed.
SECTION 10. (a) Promptly after this Act takes effect, the
following shall appoint a representative of their agency to serve
as a member of the Texas Organ, Tissue, and Eye Donor Council:
(1) the public safety director of the Texas Department
of Public Safety; and
(2) the director of the Texas Department of
Transportation.
(b) Promptly after this Act takes effect, the governor shall
appoint eight members to the Texas Organ, Tissue, and Eye Donor
Council. In appointing the members, the governor shall appoint
three persons to a term expiring February 1, 2007, three persons to
a term expiring February 1, 2009, and two persons to a term expiring
February 1, 2011.
(c) Promptly after this Act takes effect, the lieutenant
governor shall appoint four members to the Texas Organ, Tissue, and
Eye Donor Council. In appointing the members, the lieutenant
governor shall appoint one person to a term expiring February 1,
2007, one person to a term expiring February 1, 2009, and two
persons to a term expiring February 1, 2011.
(d) Promptly after this Act takes effect, the speaker of the
house of representatives shall appoint three members to the Texas
Organ, Tissue, and Eye Donor Council. In appointing the members,
the speaker shall appoint one person to a term expiring February 1,
2007, one person to a term expiring February 1, 2009, and one person
to a term expiring February 1, 2011.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.