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H.B. No. 120
AN ACT
relating to the creation of a donor education, awareness, and
registry program, the establishment of an organ donor and tissue
council, and anatomical gift donation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 521.401(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) The statement of gift may be shown on a donor's driver's
license or personal identification certificate or by a card
designed to be carried by the donor to evidence the donor's
intentions with respect to organ, tissue, and eye donation. A donor
card signed by the donor shall be given effect as if executed
pursuant to Section 692.003(d), Health and Safety Code.
(c) Donor cards shall be provided to the department by
qualified organ or tissue procurement organizations or eye banks,
as those terms are defined in Section 692.002, Health and Safety
Code, or by the Donor Education, Awareness, and Registry Program of
Texas established under Chapter 49, Health and Safety Code. The
department 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) the opportunity to indicate on the person's
driver's license or personal identification certificate that the
person is willing to make an anatomical gift, in the event of death,
in accordance with Section 692.003, Health and Safety Code; and
(B) an opportunity for the person to consent in
writing to the department's provision of 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 organization selected by the commissioner of state
health services under Chapter 49, Health and Safety Code, for
inclusion in the statewide Internet-based registry of organ,
tissue, and eye donors and for release to qualified organ, tissue,
and eye bank organizations; and
(2) provide a means to distribute donor cards to
interested individuals in each office authorized to issue driver's
licenses or personal identification certificates[. The department
and other appropriate state agencies, in cooperation with qualified
organ, tissue, and eye bank organizations shall pursue the
development of a combined statewide database of donors].
(d) An [Effective September 1, 1997, a statement of gift on
driver's licenses or personal identification certificates shall
have no force and effect, provided, however, that an] affirmative
statement of gift on a person's driver's license or personal
identification certificate executed after August 31, 2005 [prior to
September 1, 1997], shall be conclusive evidence of a decedent's
status as a donor and serve as consent for organ, tissue, and eye
removal.
SECTION 2. Section 521.402, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) To revoke an affirmative statement of gift on a person's
driver's license or personal identification certificate [made
prior to September 1, 1997], a person must apply to the department
for an amendment to the license or certificate.
(c) To have a person's name deleted from the statewide
Internet-based registry of organ, tissue, and eye donors maintained
as provided by Chapter 49, Health and Safety Code, a person must
provide written notice to the organization selected by the
commissioner of state health services under that chapter to
maintain the registry directing the deletion of the person's name
from the registry. On receipt of a written notice under this
subsection, the organization shall promptly remove the person's
name and information from the registry.
SECTION 3. Section 521.403, Transportation Code, is amended
to read as follows:
Sec. 521.403. INFORMATION PROVIDED TO HOSPITAL. The donor
card of a person who is involved in an accident or other trauma
shall accompany the person to the hospital or other health care
facility. The driver's license or personal identification
certificate [issued prior to September 1, 1997,] indicating an
affirmative statement of gift of a person who is involved in an
accident or other trauma[,] shall accompany the person to the
hospital or health care facility if the person does not have a donor
card.
SECTION 4. Chapter 49, Health and Safety Code, is amended to
read as follows:
CHAPTER 49. DONOR EDUCATION, AWARENESS, AND REGISTRY
[ANATOMICAL GIFT EDUCATIONAL] PROGRAM OF TEXAS
Sec. 49.001. DEFINITIONS [DEVELOPMENT AND IMPLEMENTATION
OF PROGRAM]. In this chapter:
(1) "Commissioner" means the commissioner of state
health services.
(2) "Department" means the Department of State Health
Services.
(3) "Registry program" means the Donor Education,
Awareness, and Registry Program of Texas.
Sec. 49.002. ESTABLISHMENT OF PROGRAM. (a) In
consultation with the Department of Public Safety and organ
procurement organizations, the department shall establish the
Donor Education, Awareness, and Registry Program of Texas.
(b) The department shall enter into an agreement with an
organization selected by the commissioner under a competitive
proposal process for the establishment and maintenance of a
statewide Internet-based registry of organ, tissue, and eye donors.
Contingent on the continued availability of appropriations under
Subsection (h), the term of the initial agreement is two years and
may be renewed for two-year terms thereafter unless terminated in a
written notice to the other party by the department or organization
not later than the 180th day before the last day of a term.
(c) The Department of Public Safety at least monthly shall
electronically transfer to the organization selected by the
commissioner as provided by Subsection (b) the name, date of birth,
driver's license number, most recent address, and any other
relevant information in the possession of the Department of Public
Safety for any person who indicates on the person's driver's license
application under Section 521.401, Transportation Code, that the
person would like to make an anatomical gift and consents in writing
to the release of the information by the Department of Public Safety
to the organization for inclusion in the statewide Internet-based
registry of organ, tissue, and eye donors.
(d) The contract between the department and the
organization selected by the commissioner as provided by Subsection
(b) must require the organization to:
(1) make information obtained from the Department of
Public Safety under Subsection (c) available to qualified organ,
tissue, and eye bank organizations;
(2) allow potential donors to submit information in
writing directly to the organization for inclusion in the statewide
Internet-based registry of organ, tissue, and eye donors;
(3) maintain the statewide Internet-based registry of
organ, tissue, and eye donors in a manner that allows qualified
organ, tissue, and eye bank organizations to immediately access
organ, tissue, and eye donation information 24 hours a day, seven
days a week, through electronic and telephonic methods; and
(4) protect the confidentiality and privacy of the
individuals providing information to the statewide Internet-based
registry, regardless of the manner in which the information is
provided.
(e) Except as otherwise provided by Subsection (d)(3) or
this subsection, the Department of Public Safety, the organization
selected by the commissioner under Subsection (b), or a qualified
organ, tissue, and eye bank organization may not sell, rent, or
otherwise share any information provided to the registry. A
qualified organ, tissue, and eye bank organization may share any
information provided to the registry with an organ procurement
organization or a health care provider or facility providing
medical care to a potential donor as necessary to properly identify
an individual at the time of donation.
(f) The Department of Public Safety, the organization
selected by the commissioner under Subsection (b), or the qualified
organ, tissue, and eye bank organizations may not use any
demographic or specific data provided to the registry for any
fund-raising activities. Data may only be transmitted from the
selected organization to qualified organ, tissue, and eye bank
organizations through electronic and telephonic methods using
secure, encrypted technology to preserve the integrity of the data
and the privacy of the individuals providing information.
(g) In each office authorized to issue driver's licenses or
personal identification certificates, the Department of Public
Safety shall make available educational materials developed by the
Texas Organ, Tissue, and Eye Donor Council established under
Chapter 113.
(h) The Department of Public Safety shall remit to the
comptroller the money collected under Sections 521.421(g) and
521.422(c), Transportation Code, as provided by those subsections.
A county assessor-collector shall remit to the comptroller any
money collected under Section 502.1745, Transportation Code, as
provided by that section. Money remitted to the comptroller in
accordance with this subsection that is appropriated to the
department must be spent in accordance with the priorities
established by the department in consultation with the Texas Organ,
Tissue, and Eye Donor Council to pay the costs of:
(1) maintaining, operating, and updating the
statewide Internet-based donor registry and establishing
procedures for an individual to be added to the registry; and
(2) designing and distributing education materials
for prospective donors as required under this section.
(i) Any additional money over the amount necessary to
accomplish the purposes of Subsections (h)(1) and (2) may be used by
the department to provide education under this chapter or may be
awarded using a competitive grant process to organizations to
conduct organ, eye, and tissue donation education activities in
this state. A member of the Texas Organ, Tissue, and Eye Donor
Council may not receive a grant under this subsection.
(j) The department shall require the organization selected
under Subsection (b) to submit an annual written report to the
department that includes:
(1) the number of donors listed on the registry;
(2) changes in the number of donors listed on the
registry; and
(3) the demographic characteristics of listed donors,
to the extent the characteristics may be determined from
information provided on donor registry forms submitted by donors to
the organization.
(k) To the extent funds are available and as part of the
registry program, the [(a) The] department shall [develop a
program to] educate residents about anatomical gifts. The program
shall include information about:
(1) the laws governing anatomical gifts, including
Subchapter Q, Chapter 521, Transportation Code, and Chapter 692;
(2) the procedures for becoming an organ, eye, or
tissue donor or donee; and
(3) the benefits of organ, eye, or tissue donation.
(l) [(b)] In developing the program, the department in
consultation with the Texas Organ, Tissue, and Eye Donor Council
shall solicit broad-based input reflecting recommendations of all
interested groups, including representatives of patients,
providers, ethnic groups, and geographic regions.
(m) In consultation with the Texas Organ, Tissue, and Eye
Donor Council, the department may implement a training program for
all appropriate Department of Public Safety and Texas Department of
Transportation employees on the benefits of organ, tissue, and eye
donation and the procedures for individuals to be added to the
statewide Internet-based registry of organ, tissue, and eye donors.
The department shall implement the training program before the date
that the statewide Internet-based registry is operational and shall
conduct the training on an ongoing basis for new employees.
Sec. 49.003 [(c) The department shall implement the program
only to the extent that funds are available from Section 521.421(g)
or 521.422(c), Transportation Code.
[Sec. 49.002]. EDUCATION FOR HEALTH CARE PROVIDERS AND
ATTORNEYS. (a) The department shall develop a program to educate
health care providers and attorneys in this state regarding
anatomical gifts.
(b) The department through the program shall encourage
attorneys to provide organ donation information to clients seeking
legal advice for end-of-life decisions.
(c) The department shall encourage medical schools and
nursing schools in this state to include mandatory organ donation
education in the schools' curriculums.
(d) The department shall encourage medical schools in this
state to require a physician in a neurology or neurosurgery
residency program to complete an advanced course in organ donation
education.
[(e) The department shall implement the program only to the
extent that:
[(1) funds are available from Section 521.421(g) or
521.422(c), Transportation Code;
[(2) money or in-kind donations are donated to the
department for the purpose of implementing the program; or
[(3) the legislature specifically appropriates money
from another source for the purpose of implementing the program.]
SECTION 5. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. TEXAS ORGAN, TISSUE, AND EYE DONOR COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Organ, Tissue, and Eye
Donor Council.
(2) "Commissioner" means the commissioner of state
health services.
(3) "Department" means the Department of State Health
Services.
(4) "Public safety director" means the public safety
director of the Department of Public Safety.
Sec. 113.002. SUNSET PROVISION; ABOLISHMENT. The Texas
Organ, Tissue, and Eye Donor Council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
chapter expires September 1, 2017, unless the department and the
council mutually determine that the public interest is best served
by abolition of the council and agree to abolish the council on an
earlier date.
[Sections 113.003-113.050 reserved for expansion]
SUBCHAPTER B. COUNCIL
Sec. 113.051. COMPOSITION OF COUNCIL. (a) The council is
composed of:
(1) a representative of the department appointed by
the commissioner;
(2) a representative of the Department of Public
Safety appointed by the public safety director;
(3) a representative of the Texas Department of
Transportation appointed by the executive director of that agency;
(4) five professional members appointed by the
commissioner as follows:
(A) one representative from each of the state's
three federally qualified organ procurement organizations
nominated by each organization;
(B) one representative who is a transplant
physician or nurse licensed in this state; and
(C) one representative of an acute care hospital
in this state; and
(5) two public members appointed by the commissioner.
(b) A public member of the council must:
(1) be a donor, recipient, or member of a donor's
family; and
(2) be selected from a pool of members compiled from
the recommendations of the following nonprofit organizations in the
field of transplantation and organ donor education:
(A) the Texas Medical Association;
(B) the Texas Transplantation Society;
(C) the Transplant Nurses' Association;
(D) the National Kidney Foundation;
(E) the National Minority Organ Tissue
Transplant Education Program; and
(F) the American Society of Minority Health and
Transplant Professionals.
(c) A member of the council who is a representative of an
agency of this state is a nonvoting member of the council.
(d) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
Sec. 113.052. MEMBERSHIP ELIGIBILITY. A person is not
eligible for appointment as a professional or public member of the
council if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
council or from the department regarding a matter on which the
council advises the department;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the council or from the
department regarding a matter on which the council advises the
department; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the council or from the department
regarding a matter on which the council advises the department,
other than compensation or reimbursement authorized by law for
council membership, attendance, or expenses.
Sec. 113.053. TERMS; VACANCY. (a) Council members
appointed by the commissioner serve for staggered six-year terms,
with the terms of two or three members, as applicable, expiring
February 1 of each odd-numbered year.
(b) A council member appointed as a representative of an
agency serves at the will of the appointing agency.
(c) If a vacancy occurs, the commissioner or other
appropriate appointing authority shall appoint a person, in the
same manner as the original appointment, to serve for the remainder
of the unexpired term.
(d) An appointed member may not serve more than one term
consecutively.
Sec. 113.054. PRESIDING OFFICER. The commissioner shall
designate a public member of the council as the presiding officer of
the council to serve in that capacity at the will of the
commissioner.
Sec. 113.055. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the council that a member:
(1) does not have at the time of taking office the
qualifications required by this chapter;
(2) does not maintain during service on the council
the qualifications required by this chapter;
(3) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(4) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
(c) If the commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
presiding officer of the council of the potential ground. The
presiding officer shall then notify the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the director shall notify
the next highest ranking officer or most senior member of the
council, who shall then notify the attorney general that a
potential ground for removal exists.
Sec. 113.056. MEETINGS; QUORUM. (a) The council shall
meet at least twice each calendar year and at the call of the
presiding officer.
(b) The council shall adopt bylaws for the conduct of its
meetings.
(c) Any action taken by the council requires two-thirds of
the members to be present and the action must be approved by a
majority of the members present.
Sec. 113.057. COMPENSATION. (a) A member of the council
may not receive compensation for service on the council.
(b) A member shall be reimbursed for the member's actual and
necessary expenses for meals, lodging, transportation, and
incidental expenses incurred while performing council business,
subject to any applicable limitation on reimbursement prescribed by
the General Appropriations Act.
Sec. 113.058. INFORMATION ABOUT STANDARDS OF CONDUCT. The
commissioner or the commissioner's designee shall provide to
members of the council, as often as necessary, information
regarding the requirements for membership on the council under this
chapter, including information regarding a person's
responsibilities under laws relating to applicable standards of
conduct.
[Sections 113.059-113.100 reserved for expansion]
SUBCHAPTER C. COUNCIL POWERS AND DUTIES
Sec. 113.101. GENERAL DUTIES. The council as required by
the department shall:
(1) advise the department concerning the Donor
Education, Awareness, and Registry Program of Texas established
under Chapter 49;
(2) advise the department on priorities for the
initiatives to be implemented under the Donor Education, Awareness,
and Registry Program of Texas established under Chapter 49;
(3) advise the department regarding donor education,
awareness, and registry outreach specifically targeted at African
American and Hispanic populations;
(4) advise the commissioner, public safety director,
and director of the Texas Department of Transportation on the
allocation of money received by the comptroller for the activities
authorized under Chapter 49; and
(5) advise the department, Department of Public
Safety, and the Texas Department of Transportation regarding
necessary performance standards and quality control measures
concerning the operation of the statewide Internet-based donor
registry, as well as related donor educational programs.
Sec. 113.102. REPORT. Before December 1 of each
even-numbered year, the council shall submit a report of the
council's activities and recommendations to the governor,
lieutenant governor, speaker of the house of representatives, and
members of the legislature.
Sec. 113.103. AUDIT. The financial transactions pertaining
to the council are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
Sec. 113.104. COSTS IN ADMINISTERING PROGRAM. Ten percent
of all money collected under Sections 521.421(g), 521.422(c), and
502.1745, Transportation Code, may be appropriated only to the
department to administer this chapter.
SECTION 6. Section 521.421(g), Transportation Code, is
amended to read as follows:
(g) The department shall collect an additional fee of $1 for
the issuance or renewal of a license, including a duplicate
license, a license issued to reflect an additional authorization or
a change in classification, or a license issued or renewed over the
Internet or by other electronic means, to pay the costs of the Donor
Education, Awareness, and Registry Program of Texas, established
under Chapter 49, Health and Safety Code, and, subject to Section
113.104, Health and Safety Code, of the Texas Organ, Tissue, and Eye
Donor Council, established under Chapter 113 [fund the anatomical
gift educational program established under Chapter 49], Health and
Safety Code, if the person applying for, [or] renewing, or changing
a license opts to pay the additional fee. The department shall
remit fees collected under this subsection to the comptroller, who
shall maintain the identity of the source of the fees. Subject to
appropriation, the department may retain three percent of the money
collected under this subsection to cover the costs in administering
this subsection.
SECTION 7. Section 521.422(c), Transportation Code, is
amended to read as follows:
(c) The department shall collect an additional fee of $1 for
the issuance or renewal of a personal identification card,
including a duplicate personal identification card or a personal
identification card issued or renewed over the Internet or by other
electronic means, to pay the costs of the Donor Education,
Awareness, and Registry Program of Texas, established under Chapter
49, Health and Safety Code, and, subject to Section 113.104, Health
and Safety Code, of the Texas Organ, Tissue, and Eye Donor Council,
established under Chapter 113 [fund the anatomical gift educational
program established under Chapter 49], Health and Safety Code, if
the person applying for or renewing a personal identification card
opts to pay the additional fee. The department shall remit fees
collected under this subsection to the comptroller, who shall
maintain the identity of the source of the fees. Subject to
appropriation, the department may retain three percent of the money
collected under this subsection to cover the costs in administering
this subsection.
SECTION 8. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.1745 to read as follows:
Sec. 502.1745. VOLUNTARY FEE. (a) The department shall
provide to each county assessor-collector the educational
materials for prospective donors provided as required by the Donor
Education, Awareness, and Registry Program of Texas under Chapter
49, Health and Safety Code. A county assessor-collector shall make
the educational materials available in each office authorized to
accept applications for registration of motor vehicles.
(b) A county assessor-collector shall collect an additional
fee of $1 for the registration or renewal of registration of a motor
vehicle to pay the costs of the Donor Education, Awareness, and
Registry Program of Texas, established under Chapter 49, Health and
Safety Code, and of the Texas Organ, Tissue, and Eye Donor Council,
established under Chapter 113, Health and Safety Code, if the
person registering or renewing the registration of a motor vehicle
opts to pay the additional fee. Notwithstanding any other
provision of this chapter, the county assessor-collector shall
remit all fees collected under this subsection to the comptroller,
who shall maintain the identity of the source of the fees.
(c) Three percent of all money collected under this section
may be appropriated only to the department to administer this
section.
SECTION 9. Notwithstanding any other provision of law, 25
percent of the money collected under Section 502.1745,
Transportation Code, as added by this Act, shall be deposited in the
state highway fund for the initial costs estimated to be incurred by
the Texas Department of Transportation in the state fiscal biennium
beginning September 1, 2005, to implement the changes in law made by
this Act.
SECTION 10. (a) Promptly after this Act takes effect, the
following shall appoint a representative of their agency to serve
as a member of the Texas Organ, Tissue, and Eye Donor Council:
(1) the commissioner of state health services for the
Department of State Health Services;
(2) the public safety director of the Department of
Public Safety of the State of Texas; and
(3) the executive director of the Texas Department of
Transportation.
(b) Promptly after this Act takes effect, the commissioner
of state health services shall appoint five professional and two
public members to the Texas Organ, Tissue, and Eye Donor Council.
In appointing the professional members, the commissioner shall
appoint one person to a term expiring February 1, 2007, two persons
to a term expiring February 1, 2009, and two persons to a term
expiring February 1, 2011. In appointing the public members, the
commissioner shall appoint one person to a term expiring February
1, 2007, and one person to a term expiring February 1, 2009.
SECTION 11. (a) The Department of State Health Services
shall contract with an organization for the establishment and
maintenance of a registry for organ, tissue, and eye donors in
accordance with Chapter 49, Health and Safety Code, as amended by
this Act, and ensure the organization establishes the registry not
later than September 1, 2006.
(b) The Department of Public Safety of the State of Texas
must be in compliance with the changes in law made by this Act to
Subsection (g), Section 521.421, and Subsection (c), Section
521.422, Transportation Code, related to duplicate or changed
licenses or personal identification cards and related to
transactions conducted over the Internet or by other electronic
means not later than June 1, 2006.
SECTION 12. (a) Except as provided by Subsection (b) of
this section, this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
(b) Section 8 of this Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 120 was passed by the House on May 4,
2005, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 120 on May 27, 2005, by the following vote: Yeas 140, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 120 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor