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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 certain genetic information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle I, Title 2, Health and |
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Safety Code, is amended to read as follows: |
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SUBTITLE I. MEDICAL RECORDS AND GENETIC INFORMATION |
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SECTION 2. Subtitle I, Title 2, Health and Safety Code, is |
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amended by adding Chapter 183 to read as follows: |
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CHAPTER 183. PROPERTY RIGHT IN CERTAIN GENETIC INFORMATION |
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Sec. 183.001. DEFINITIONS. In this chapter: |
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(1) "DNA" means deoxyribonucleic acid. |
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(2) "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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(3) "Genetic information" means information that is: |
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(A) obtained from or based on a scientific or |
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medical determination of the presence or absence in an individual |
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of a genetic characteristic; or |
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(B) derived from the results of a genetic test |
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performed on an individual. |
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(4) "Genetic material" means blood or another |
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biological specimen collected to conduct a genetic test. |
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(5) "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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(6) "RNA" means ribonucleic acid. |
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Sec. 183.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to |
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Subsection (b), an individual has an exclusive property right in a |
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sample of genetic material provided by the individual and in the |
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genetic information obtained as a result of a genetic test |
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performed on the individual's sample. A person may not, without the |
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informed consent of the individual or the individual's legal |
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guardian or authorized representative: |
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(1) collect a sample of genetic material from an |
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individual; |
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(2) perform a genetic test on an individual's sample; |
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(3) retain an individual's sample or the genetic |
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information obtained as a result of a genetic test performed on the |
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individual's sample; or |
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(4) disclose the genetic information obtained as a |
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result of a genetic test performed on an individual's sample. |
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(b) Notwithstanding Subsection (a) and except as provided |
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by Section 183.003, this chapter does not apply to a sample of |
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genetic material collected for: |
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(1) the purpose of emergency medical treatment; |
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(2) law enforcement purposes, including the DNA |
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database under Subchapter G, Chapter 411, Government Code, the |
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identification of a perpetrator or the investigation of a crime, or |
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identification of a missing, unidentified, or deceased person; |
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(3) the purpose of establishing paternity as |
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authorized under a state or federal law; or |
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(4) the purpose of newborn screening, in accordance |
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with Chapter 33. |
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(c) A person who has obtained the informed consent of an |
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individual or the individual's legal guardian or authorized |
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representative as required by Subsection (a) may: |
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(1) disclose the individual's genetic information as |
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authorized by Chapter 546, Insurance Code, Chapter 21, Labor Code, |
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or Chapter 58, Occupations Code; and |
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(2) retain a sample of the individual's genetic |
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material as authorized by Chapter 546, Insurance Code, Chapter 21, |
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Labor Code, or Chapter 58, Occupations Code. |
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(d) A general authorization for the release of an |
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individual's medical records does not constitute the informed |
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consent required by Subsection (a). An individual may revoke or |
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amend consent given under Subsection (a) at any time. |
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Sec. 183.003. CONFIDENTIALITY. (a) A person who obtains |
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genetic information for a purpose listed under Section 183.002(b) |
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may not disclose the genetic information for any other purpose. |
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(b) A person who holds genetic information about an |
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individual may not disclose or be compelled to disclose, by |
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subpoena or otherwise, that information without the informed |
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consent of the individual as provided by Section 183.002. |
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(c) This section applies to a redisclosure of genetic |
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information by a secondary recipient of the information after |
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disclosure of the information by an initial recipient. A person may |
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not redisclose genetic information without the informed consent of |
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the individual under Section 183.002. |
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Sec. 183.004. LIABILITY FOR VIOLATION OF CHAPTER. (a) A |
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person who violates Section 183.002 with respect to a sample of an |
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individual's genetic material or genetic information obtained as a |
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result of a genetic test performed on the individual's sample is |
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liable to the individual for: |
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(1) the amount of the individual's actual damages |
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sustained as a result of the violation; and |
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(2) the amount of any profits that are attributable to |
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the violation. |
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(b) It is a defense to a civil action for damages under this |
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chapter that the defendant obtained the informed consent of the |
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individual or the individual's legal guardian or authorized |
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representative required by Section 183.002(a). |
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Sec. 183.005. DISCRIMINATORY USE OF GENETIC INFORMATION |
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PROHIBITED. A person who receives state or federal funding may not |
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discriminate or retaliate against an individual on the basis of the |
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refusal of the individual to give informed consent under this |
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chapter. |
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SECTION 3. Section 546.051(a), Insurance Code, is amended |
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to read as follows: |
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(a) A health benefit plan issuer that requests an applicant |
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for coverage under the plan to submit to a genetic test in |
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connection with the application for coverage for a purpose not |
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prohibited under Section 546.052 must: |
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(1) notify the applicant that the test is required; |
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(2) disclose to the applicant the proposed use of the |
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test results; and |
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(3) obtain the applicant's [written] informed consent |
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as provided by Chapter 183, Health and Safety Code, before the test |
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is administered. |
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SECTION 4. Subchapter H, Chapter 21, Labor Code, is amended |
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by adding Section 21.4015 to read as follows: |
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Sec. 21.4015. INFORMED CONSENT. An employer, labor |
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organization, or employment agency may not obtain an individual's |
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genetic information without the informed consent of the individual |
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as provided by Chapter 183, Health and Safety Code. |
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SECTION 5. Subchapter B, Chapter 58, Occupations Code, is |
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amended by adding Section 58.0515 to read as follows: |
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Sec. 58.0515. INFORMED CONSENT. A licensing authority may |
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not obtain an individual's genetic information without the informed |
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consent of the individual as provided by Chapter 183, Health and |
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Safety Code. |
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SECTION 6. Chapter 183, Health and Safety Code, as added by |
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this Act, applies only to a sample of genetic material collected or |
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provided on or after the effective date of this Act and genetic |
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information obtained as a result of a genetic test performed on that |
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sample. A sample of genetic material collected or provided before |
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the effective date of this Act and genetic information obtained as a |
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result of a genetic test performed on that sample are governed by |
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the law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2015. |