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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 DNA; providing injunctive relief |
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and a civil penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Property Code, is amended by adding |
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Chapter 3 to read as follows: |
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CHAPTER 3. PROPERTY RIGHT IN DNA |
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Sec. 3.001. DEFINITIONS. In this chapter: |
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(1) "DNA" means deoxyribonucleic acid. |
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(2) "DNA sample" means a blood sample or other |
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biological sample or specimen provided by an individual for the |
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purpose of conducting DNA analysis or storage. |
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(3) "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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(4) "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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(5) "RNA" means ribonucleic acid. |
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Sec. 3.002. PROPERTY RIGHT ESTABLISHED. (a) Subject to |
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Subsections (b) and (c), an individual has an exclusive property |
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right in the individual's unique DNA. A person may not, without the |
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informed, written consent of the individual or the individual's |
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legal guardian or authorized representative: |
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(1) collect a DNA sample from an individual; |
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(2) perform a genetic test on an individual's DNA |
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sample; |
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(3) retain an individual's DNA sample; |
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(4) alter or modify an individual's DNA; |
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(5) sell or otherwise transfer to another person an |
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individual's DNA sample; or |
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(6) make available or allow to be made available to |
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another person an individual's DNA sample. |
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(b) Notwithstanding Subsection (a), this chapter does not |
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apply: |
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(1) to a DNA sample collected or received for: |
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(A) the purpose of medical diagnosis and |
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treatment; |
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(B) the purpose of determining paternity; |
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(C) law enforcement purposes, including the |
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identification of a perpetrator, the investigation of a crime, or |
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the identification of a missing, unidentified, or deceased person; |
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(D) medical examiner purposes, including the |
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performance of an inquest to determine the cause or circumstance of |
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death under Article 49.25, Code of Criminal Procedure; |
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(E) research, as defined by 45 C.F.R. Section |
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164.501, that is conducted in accordance with: |
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(i) the federal policy for the protection |
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of human subjects (45 C.F.R. Part 46); |
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(ii) the good clinical practice guidelines |
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issued by the International Council for Harmonisation of Technical |
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Requirements for Pharmaceuticals for Human Use (ICH); or |
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(iii) the United States Food and Drug |
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Administration policy for the protection of human subjects (21 |
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C.F.R. Parts 50 and 56); |
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(F) use, analysis, storage, or transfer by an |
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institution of higher education or a private or independent |
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institution of higher education, as those terms are defined by |
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Section 61.003, Education Code; or |
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(G) any other similar use under the laws of this |
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state or another jurisdiction; or |
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(2) to an entity that: |
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(A) is a covered entity or business associate, as |
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defined by 45 C.F.R. Part 160, subject to the privacy, security, and |
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breach notification rules under the Health Insurance Portability |
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and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.); |
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(B) offers genetic testing products or services |
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through a health care provider; or |
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(C) is a health care provider. |
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Sec. 3.003. CIVIL PENALTY; INJUNCTION. (a) A person who |
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violates Section 3.002 is liable to the state for a civil penalty |
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not to exceed the amount of any profits that are attributable to the |
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violation. The amount of profits under this subsection may be |
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established by showing the gross revenue attributable to the |
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unauthorized use minus any expenses that the person who committed |
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the unauthorized use may prove. |
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(b) Subject to Subsection (a), the amount of a civil penalty |
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under this section shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the economic harm caused by the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter a future violation; |
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(5) efforts to correct the violation; and |
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(6) any other matter that justice may require. |
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(c) If it appears that a person has violated Section 3.002, |
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the attorney general may institute an action for a civil penalty, |
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injunctive relief, or both. |
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(d) The attorney general may recover reasonable attorney's |
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fees and expenses and court costs incurred in recovering a civil |
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penalty or obtaining injunctive relief under this section. |
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Sec. 3.004. CRIMINAL PENALTY. A person commits an offense |
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if the person, with criminal negligence, violates Section 3.002. |
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An offense under this section is a Class A misdemeanor. |
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SECTION 2. Chapter 3, Property Code, as added by this Act, |
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does not apply to the use or retention of a DNA sample collected or |
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provided before the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |