H.B. No. 2904
 
 
 
 
AN ACT
  relating to the administration of the Glenda Dawson Donate
  Life-Texas Registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 692A.020, Health and Safety Code, is
  amended to read as follows:
         Sec. 692A.020.  GLENDA DAWSON DONATE LIFE-TEXAS REGISTRY;
  EDUCATION PROGRAM. (a) The department shall contract with a
  nonprofit organization to maintain a statewide donor registry, to
  [In this section, "registry program" means the donor education,
  awareness, and registry program established under this section and
  known as the Glenda Dawson Donate Life-Texas Registry.
         [(b)     Any program or component of a program that the
  department develops under this chapter shall] be known as the
  Glenda Dawson Donate Life-Texas Registry.
         (b)  The nonprofit organization administering the registry
  must include representatives from each [(c)     The department shall
  affiliate with an entity, such as a national or state association
  concerned with organ donation, to promote the registry program in
  accordance with this section.
         [(d)     In consultation with the Department of Public Safety
  and] organ procurement organization in this state [organizations,
  the department shall establish the Glenda Dawson Donate Life-Texas
  Registry].
         (c) [(e)]  The department shall require the nonprofit
  organization with which the department has contracted to administer
  the statewide donor registry to establish and maintain [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 (k), 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].
         (d) [(f)]  The Department of Public Safety at least monthly
  shall electronically transfer to the nonprofit organization under
  contract with the department [selected by the commissioner as
  provided by Subsection (e)] 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
  Internet-based registry].
         (e) [(g)]  The contract between the department and the
  nonprofit organization administering the registry [selected by the
  commissioner as provided by Subsection (e)] must require the
  organization to:
               (1)  make information obtained from the Department of
  Public Safety under Subsection (d) [(f)] available to procurement
  organizations;
               (2)  allow potential donors to submit information in
  writing directly to the organization for inclusion in the
  Internet-based registry;
               (3)  maintain the Internet-based registry in a manner
  that allows procurement 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 Internet-based registry,
  regardless of the manner in which the information is provided.
         (f) [(h)]  Except as otherwise provided by Subsection (e)(3) 
  [(g)(3)] or this subsection, the Department of Public Safety, the
  nonprofit organization under contract to administer the registry
  [selected by the commissioner under Subsection (e)], or a
  procurement organization may not sell, rent, or otherwise share any
  information provided to the Internet-based registry.  A procurement
  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.
         (g) [(i)]  The Department of Public Safety, the nonprofit
  organization [selected by the commissioner] under contract with the
  department to administer the registry [Subsection (e)], or the
  procurement organizations may not use any demographic or specific
  data provided to the Internet-based registry for any fund-raising
  activities.  Data may only be transmitted from the selected
  organization to procurement 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.
         (h) [(j)]  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 nonprofit organization administering the registry
  [Texas Organ, Tissue, and Eye Donor Council established under
  Chapter 113, as added by Chapter 1186, Acts of the 79th Legislature,
  Regular Session, 2005].
         (i) [(k)]  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 those sections that is appropriated to the
  department shall be disbursed to the nonprofit organization
  administering the registry under this section under the terms of
  the contract between the department and the organization [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
  Internet-based registry and establishing procedures for an
  individual to be added to the registry; [and]
               (2)  designing and distributing educational materials
  for prospective donors as required under this section; and[.]
               (3)  providing [(l)     Any additional money over the
  amount necessary to accomplish the purposes of Subsections (k)(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) [(m)]  The department shall require the nonprofit
  organization selected to administer the registry [under Subsection
  (e)] to submit an annual written report to the department that
  includes:
               (1)  the number of donors listed on the Internet-based
  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; and
               (4)  an accounting of the use of the money disbursed
  under Subsection (i) for the administration of the registry.
         (k) [(n)]  To the extent funds are available and as part of
  the donor registry program, the department may allocate funds to
  the nonprofit organization administering the registry pursuant to
  the contract to [shall] educate residents about anatomical gifts.  
  The education provided under this section [program] shall include
  information about:
               (1)  the laws governing anatomical gifts, including
  Subchapter Q, Chapter 521, Transportation Code, Chapter 693, and
  this chapter;
               (2)  the procedures for becoming an organ, eye, or
  tissue donor or donee; and
               (3)  the benefits of organ, eye, or tissue donation.
         (l) [(o)]  In contracting for [developing] the registry
  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)  The [(p)     In consultation with the Texas Organ, Tissue,
  and Eye Donor Council, the] department may require the nonprofit
  organization administering the registry to:
               (1)  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 Internet-based
  registry; and
               (2)[.     The department shall implement the training
  program before the date that the registry is operational and shall]
  conduct the training described by Subdivision (1) on an ongoing
  basis for new employees.
         (n) [(q)]  The department may require the nonprofit
  organization administering the registry to [shall] develop a
  program to educate health care providers and attorneys in this
  state about anatomical gifts.
         (o) [(r)]  The department [through the program] shall
  require the nonprofit organization administering the registry to
  encourage:
               (1)  attorneys to provide organ donation information to
  clients seeking advice for end-of-life decisions;[.]
               (2)  [(s)  The department shall encourage] medical and
  nursing schools in this state to include mandatory organ donation
  education in the schools' curricula; and[.]
               (3)  [(t)  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.
         (p)  The nonprofit organization administering the registry
  may not:
               (1)  charge any fee for costs related to the operation
  and maintenance of the registry, except as agreed in the contract
  with the department; or
               (2)  use the registry to solicit voluntary donations of
  money from a registrant.
         (q)  Except as provided by Subsection (p), the nonprofit
  organization administering the registry may accept voluntary
  donations of money and perform fund-raising on behalf of the
  registry for the purpose of supporting registering donors.
         SECTION 2.  Section 502.1745(b), Transportation Code, is
  amended to read as follows:
         (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 Glenda Dawson Donate Life-Texas
  [Donor Education, Awareness, and] Registry [Program of Texas,]
  established under Chapter 692A [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.
         SECTION 3.  Section 502.189(a), Transportation Code, is
  amended to read as follows:
         (a)  The department, with expert input and support from the
  nonprofit organization administering the Glenda Dawson Donate
  Life-Texas Registry under Chapter 692A, Health and Safety Code
  [Texas Organ, Tissue, and Eye Donor Council], shall:
               (1)  add a link from the department's Internet website
  to the Glenda Dawson Donate Life-Texas [Donor Education, Awareness,
  and] Registry operated [Program of Texas established] under Chapter
  692A [49], Health and Safety Code; and
               (2)  provide a method to distribute donor registry
  information to interested individuals in each office authorized to
  issue motor vehicle registrations.
         SECTION 4.  Section 521.148(c), Transportation Code, is
  amended to read as follows:
         (c)  When the department issues a license to which this
  section applies, the department shall provide the person to whom
  the license is issued with written information about the Glenda
  Dawson Donate Life-Texas Registry operated [program established]
  under Chapter 692A [49], Health and Safety Code.
         SECTION 5.  Section 521.401, Transportation Code, is amended
  by amending Subsection (c) and adding Subsection (c-1) 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 
  [established] 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 [Texas Organ, Tissue, and Eye Donor Council], 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 692A.005, 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 Section 692A.020, Health and Safety Code,
  for] inclusion in the statewide Internet-based registry of organ,
  tissue, and eye donors and [for] release to procurement
  organizations in the manner provided by Subsection (c-1) [by
  specifically asking each applicant only the question, "Would you
  like to register as an organ donor?"]; 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)  specifically ask each applicant only the question,
  "Would you like to register as an organ donor?"; and
               (2)  if the applicant responds affirmatively to the
  question asked under 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.
         SECTION 6.  Section 521.402(c), Transportation Code, is
  amended to read as follows:
         (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 692A [49], Health and Safety Code, a person
  must provide written notice to the nonprofit 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 7.  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
  Glenda Dawson Donate Life-Texas [Donor Education, Awareness, and]
  Registry operated [Program of Texas, established] under Chapter
  692A [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, Health and Safety
  Code,] if the person applying for, 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 8.  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 Glenda Dawson Donate
  Life-Texas [Donor Education, Awareness, and] Registry [Program of
  Texas,] established under Chapter 692A [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, 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 9.  Section 522.034(c), Transportation Code, is
  amended to read as follows:
         (c)  When the department issues a license or permit to which
  this section applies, the department shall provide the person to
  whom the license is issued with written information about the
  Glenda Dawson Donate Life-Texas Registry program established under
  Chapter 692A [49], Health and Safety Code.
         SECTION 10.  (a)  Chapter 113, Health and Safety Code, is
  repealed.
         (b)  Section 49.002(m), Health and Safety Code, as amended by
  Chapter 831 (S.B. 1803), Acts of the 81st Legislature, Regular
  Session, 2009, is repealed.
         SECTION 11.  (a)  Not later than January 1, 2012, the
  Department of State Health Services shall enter into a contract
  with a nonprofit organization to administer the Glenda Dawson
  Donate Life-Texas Registry under Section 692A.020, Health and
  Safety Code, as amended by this Act.
         (b)  On January 1, 2012:
               (1)  the Texas Organ, Tissue, and Eye Donor Council
  established under Chapter 113, Health and Safety Code, is
  abolished;
               (2)  all property in the custody of the Texas Organ,
  Tissue, and Eye Donor Council is transferred to the Department of
  State Health Services;
               (3)  the unexpended and unobligated balance of any
  money appropriated by the legislature for the Texas Organ, Tissue,
  and Eye Donor Council is transferred to the Department of State
  Health Services;
               (4)  all money, contracts, leases, rights, and
  obligations of the Texas Organ, Tissue, and Eye Donor Council are
  transferred to the Department of State Health Services;
               (5)  the Glenda Dawson Donate Life-Texas Registry, as
  established by Section 692A.020, Health and Safety Code, as it
  existed immediately before January 1, 2012, is abolished;
               (6)  all property in the custody of any organization
  selected under Section 692A.020(e), Health and Safety Code, as that
  section existed immediately before January 1, 2012, in relation to
  the operation of the Glenda Dawson Donate Life-Texas Registry is
  transferred to the Department of State Health Services;
               (7)  the unexpended and unobligated balance of any
  money attributable to voluntary fees collected under Section
  502.1745, 521.421(g), or 521.422(c), Transportation Code, for the
  Glenda Dawson Donate Life-Texas Registry as it existed immediately
  before January 1, 2012, may be used by the Department of State
  Health Services for contracts relating to the Glenda Dawson Donate
  Life-Texas Registry under Section 692A.020, Health and Safety Code,
  as amended by this Act; and
               (8)  the Department of State Health Services shall
  transfer all information formerly maintained by the Glenda Dawson
  Donate Life-Texas Registry, as it existed immediately before
  January 1, 2012, to the nonprofit organization administering the
  Glenda Dawson Donate Life-Texas Registry under Section 692A.020,
  Health and Safety Code, as amended by this Act, for use in the
  Glenda Dawson Donate Life-Texas Registry created by Section
  692A.020, Health and Safety Code, as amended by this Act.
         SECTION 12.  (a)  Except as provided by Subsection (b), this
  Act takes effect September 1, 2011.
         (b)  The following provisions take effect January 1, 2012:
               (1)  Section 692A.020, Health and Safety Code, as
  amended by this Act; and
               (2)  Sections 502.1745, 502.189, 521.148, 521.401,
  521.402, 521.421, 521.422, and 522.034, Transportation Code, as
  amended by this Act.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2904 was passed by the House on April
  19, 2011, by the following vote:  Yeas 142, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2904 on May 23, 2011, by the following vote:  Yeas 142, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2904 was passed by the Senate, with
  amendments, on May 19, 2011, by the following vote:  Yeas 31, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor