84R8284 PMO-D

By: Kolkhorst S.B. No. 475

A BILL TO BE ENTITLED

AN ACT

relating to a property right in certain DNA samples; providing injunctive relief and a civil penalty; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Property Code, is amended by adding Chapter 3 to read as follows:

CHAPTER 3. PROPERTY RIGHT IN CERTAIN DNA SAMPLES

Sec. 3.001. DEFINITIONS. In this chapter:

(1) "DNA" means deoxyribonucleic acid.

(2) "DNA sample" means a blood sample or other biological sample or specimen provided by an individual for the purpose of conducting DNA analysis or storage.

(3) "Genetic characteristic" means a scientifically or medically identifiable genetic or chromosomal variation, composition, or alteration that predisposes an individual to a disease, disorder, or syndrome.

(4) "Genetic test" means a presymptomatic laboratory test of an individual's genes, products, or chromosomes that:

(A) analyzes the individual's DNA, RNA, proteins, or chromosomes; and

(B) is performed to identify a genetic characteristic.

(5) "Property right" means the property right created by this chapter.

(6) "RNA" means ribonucleic acid.

Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to Subsection (b), an individual has an exclusive property right in a DNA sample provided by the individual. A person may not, without the informed, written consent of the individual or the individual's legal guardian or authorized representative:

(1) collect a DNA sample from an individual;

(2) perform a genetic test on an individual's DNA sample; or

(3) retain an individual's DNA sample.

(b) Notwithstanding Subsection (a), this chapter does not apply to:

(1) a DNA sample collected for the purpose of emergency medical treatment;

(2) a DNA sample collected for law enforcement purposes, including the identification of a perpetrator and the investigation of a crime, or identification of a missing, unidentified, or deceased person; or

(3) any other similar use of a DNA sample under the laws of this state or another jurisdiction.

Sec. 3.003. CIVIL PENALTY; INJUNCTION. (a) A person who violates Section 3.002 is liable to the state for a civil penalty not to exceed the amount of any profits that are attributable to the violation. The amount of profits under this subsection may be established by showing the gross revenue attributable to the unauthorized use minus any expenses that the person who committed the unauthorized use may prove.

(b) Subject to Subsection (a), the amount of a civil penalty under this section shall be based on:

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(c) If it appears that a person has violated Section 3.002, the attorney general may institute an action for a civil penalty, injunctive relief, or both.

(d) The attorney general may recover reasonable attorney's fees and expenses and court costs incurred in recovering a civil penalty or obtaining injunctive relief under this section.

Sec. 3.004. CRIMINAL PENALTY. A person commits an offense if the person, with criminal negligence, violates Section 3.002. An offense under this section is a Class A misdemeanor.

SECTION 2. Chapter 3, Property Code, as added by this Act, applies only to a DNA sample collected or provided on or after the effective date of this Act. A DNA sample collected or provided before the effective date of this Act is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2015.