87R2868 MCF-F
 
  By: Guerra H.B. No. 3701
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to publication of national organ transplant waiting list
  information on the Department of State Health Services' Internet
  website and donors included in 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 personal
  identification certificate in the manner described by Section
  521.401, Transportation Code, indicating the donor is willing to
  make an anatomical gift [card];
               (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, an [the] opportunity for the person to:
                           (i)  include a statement or symbol imprinted
  [to 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,
  an opportunity for the person to:
                           (i)  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)  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 join the registry under Paragraph (A), provide for
  inclusion in the registry the applicant'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.
         (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, 2021.