82R8535 JSC-D
	By: Zerwas	H.B. No. 2904

	A BILL TO BE ENTITLED
	AN ACT
	relating to the administration of a centralized Texas organ
	donation 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 may 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 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 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 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(c), Transportation Code, is
	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
	[established] under Chapter 692A, Health and Safety Code.  The
	department, with expert input and support from the nonprofit
	organization administering the 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 nonprofit 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 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.
	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
	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 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 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 before its amendment by this Act, 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 appropriated by the legislature for the Glenda Dawson Donate
	Life-Texas Registry may be used by the Department of State Health
	Services for the Donate Life-Texas Registry; and
	(8)  the Department of State Health Services shall
	transfer all information formerly maintained by the Glenda Dawson
	Donate Life-Texas Registry to the nonprofit organization
	administering the Donate Life-Texas Registry under Section
	692A.020, Health and Safety Code, as amended by this Act, for use in
	the 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.