| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the publication of information regarding the national |
|
|
organ transplant waiting list on the Department of State Health |
|
|
Services' Internet website and certain registrations for the |
|
|
anatomical gift registry. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 692A.005(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) A donor may make an anatomical gift: |
|
|
(1) on inclusion in the Glenda Dawson Donate |
|
|
Life-Texas Registry, as demonstrated by [authorizing] a statement |
|
|
or symbol indicating that the donor has made an anatomical gift [to
|
|
|
be] imprinted on the donor's driver's license or identification |
|
|
card in the manner described by Section 521.401, Transportation |
|
|
Code; |
|
|
(2) in a will; |
|
|
(3) during a terminal illness or injury of the donor, |
|
|
by any form of communication addressed to at least two adults, at |
|
|
least one of whom is a disinterested witness; or |
|
|
(4) as provided in Subsection (b). |
|
|
SECTION 2. Section 692A.007(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) An individual may refuse to make an anatomical gift of |
|
|
the individual's body or part by: |
|
|
(1) a record signed by: |
|
|
(A) the individual; or |
|
|
(B) subject to Subsection (b), another |
|
|
individual acting at the direction of the individual if the |
|
|
individual is physically unable to sign; |
|
|
(2) the individual's will, whether or not the will is |
|
|
admitted to probate or invalidated after the individual's death; |
|
|
[or] |
|
|
(3) any form of communication made by the individual |
|
|
during the individual's terminal illness or injury addressed to at |
|
|
least two adults, at least one of whom is a disinterested witness; |
|
|
or |
|
|
(4) for an individual 18 years of age or older, |
|
|
submission of the individual's refusal with the individual's |
|
|
application for an original, renewal, corrected, or duplicate |
|
|
driver's license or personal identification certificate, in the |
|
|
manner described by Section 521.401, Transportation Code. |
|
|
SECTION 3. Chapter 692A, Health and Safety Code, is amended |
|
|
by adding Section 692A.024 to read as follows: |
|
|
Sec. 692A.024. INFORMATION ON NATIONAL WAITING LIST FOR |
|
|
ORGAN TRANSPLANT. The department shall prepare and publish on the |
|
|
department's Internet website information on the steps necessary to |
|
|
be placed on the national waiting list for obtaining an organ |
|
|
transplant. |
|
|
SECTION 4. Section 502.189(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) The department shall make available for distribution to |
|
|
each office authorized to issue motor vehicle registrations Donate |
|
|
Life brochures that provide basic donor information in English and |
|
|
Spanish and a contact phone number and e-mail address. The |
|
|
department shall ensure that the question provided in Section |
|
|
521.401(c-1) [521.401(c)(1)(B)] and information on the donor |
|
|
registry Internet website is included with registration renewal |
|
|
notices. |
|
|
SECTION 5. Sections 521.401(c), (c-1), and (e), |
|
|
Transportation Code, are amended to read as follows: |
|
|
(c) Donor registry information shall be provided to the |
|
|
department and the Texas Department of Transportation by organ |
|
|
procurement organizations, tissue banks, or eye banks, as those |
|
|
terms are defined in Section 692A.002, Health and Safety Code, or by |
|
|
the Glenda Dawson Donate Life-Texas Registry operated under Chapter |
|
|
692A, Health and Safety Code. The department, with expert input and |
|
|
support from the nonprofit organization administering the Glenda |
|
|
Dawson Donate Life-Texas Registry, 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) if the applicant is younger than 18 years of |
|
|
age: |
|
|
(i) the opportunity to include a statement |
|
|
or symbol imprinted [indicate] on the person's driver's license or |
|
|
personal identification certificate indicating that the person is |
|
|
willing to make an anatomical gift, in the event of death, in |
|
|
accordance with Section 692A.005, Health and Safety Code; and |
|
|
(ii) [(B)] an opportunity for the person to |
|
|
consent to inclusion of the person's information in the statewide |
|
|
Internet-based registry of organ, tissue, and eye donors and |
|
|
release of the information to procurement organizations in the |
|
|
manner provided by Subsection (c-1); and |
|
|
(B) if the applicant is 18 years of age or older: |
|
|
(i) the opportunity to refuse inclusion of |
|
|
a statement or symbol imprinted on the person's driver's license or |
|
|
personal identification certificate indicating that the person is |
|
|
willing to make an anatomical gift, in the event of death, in |
|
|
accordance with Section 692A.005, Health and Safety Code; and |
|
|
(ii) an opportunity for the person to |
|
|
refuse to consent to inclusion of the person's information in the |
|
|
statewide Internet-based registry of organ, tissue, and eye donors |
|
|
and release of the information to procurement organizations in the |
|
|
manner provided by Subsection (c-1); and |
|
|
(2) provide a means to distribute donor registry |
|
|
information to interested individuals in each office authorized to |
|
|
issue driver's licenses or personal identification certificates. |
|
|
(c-1) The department shall: |
|
|
(1) for each applicant younger than 18 years of age: |
|
|
(A) specifically ask the [each] applicant only |
|
|
the question, "Would you like to register as an organ donor?"; and |
|
|
(B) [(2)] if the applicant responds |
|
|
affirmatively to the question asked under Paragraph (A) |
|
|
[Subdivision (1)], provide the person's name, date of birth, |
|
|
driver's license number, most recent address, and other information |
|
|
needed for identification purposes at the time of donation to the |
|
|
nonprofit organization contracted to maintain the statewide donor |
|
|
registry under Section 692A.020, Health and Safety Code, for |
|
|
inclusion in the registry; and |
|
|
(2) for each applicant who is 18 years of age or older: |
|
|
(A) specifically ask the applicant the question, |
|
|
"Would you like to refuse to join the organ donor registry?" and |
|
|
state, "By answering 'no' to the previous question or not answering |
|
|
the previous question, you consent to join the organ donor registry |
|
|
and for your information to be included in the registry."; and |
|
|
(B) if the applicant does not affirmatively |
|
|
refuse to be included in the registry under Paragraph (A), provide |
|
|
the person's name, date of birth, driver's license number, most |
|
|
recent address, and other information needed for identification |
|
|
purposes at the time of donation to the nonprofit organization |
|
|
contracted to maintain the statewide donor registry under Section |
|
|
692A.020, Health and Safety Code, for inclusion in the registry. |
|
|
(e) The department shall distribute at all field offices |
|
|
Donate Life brochures that provide basic donation information in |
|
|
English and Spanish and include a contact phone number and e-mail |
|
|
address. The department shall include the questions [question] |
|
|
required under Subsection (c-1) [(c)(1)(B)] and information on the |
|
|
donor registry Internet website in renewal notices. |
|
|
SECTION 6. The changes in law made by this Act apply only to |
|
|
a driver's license or personal identification certificate for which |
|
|
an application is submitted on or after the effective date of this |
|
|
Act. A driver's license or personal identification certificate for |
|
|
which an application was submitted before the effective date of |
|
|
this Act is governed by the law as it existed immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 7. This Act takes effect September 1, 2019. |