S.B. No. 1815
 
 
 
 
AN ACT
  relating to voluntary donations to the Glenda Dawson Donate
  Life-Texas Registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a), (c), (d), (e), (f), (g), (i),
  (k), (m), (n), (o), and (p), Section 692A.020, Health and Safety
  Code, are amended to read as follows:
         (a)  A [The department shall contract with a] nonprofit
  organization designated by the Department of Public Safety shall
  [to] maintain and administer a statewide donor registry, to be
  known as the Glenda Dawson Donate Life-Texas Registry.
         (c)  The [department shall require the] nonprofit
  organization shall [with which the department has contracted to
  administer the statewide donor registry to] establish and maintain
  a statewide Internet-based registry of organ, tissue, and eye
  donors.
         (d)  The Department of Public Safety at least monthly shall
  electronically transfer to the nonprofit organization
  administering the registry [under contract with the department] 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.
         (e)  The [contract between the department and the] nonprofit
  organization administering the registry shall [must require the
  organization to]:
               (1)  make information obtained from the Department of
  Public Safety under Subsection (d) 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)  Except as otherwise provided by Subsection (e)(3) or
  this subsection, the Department of Public Safety, the nonprofit
  organization administering [under contract to administer] the
  registry, 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)  The Department of Public Safety, the nonprofit
  organization administering [under contract with the department to
  administer] the registry, 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.
         (i)  The Glenda Dawson Donate Life-Texas Registry fund is
  created as a trust fund outside the state treasury to be held by the
  comptroller and administered by the Department of Public Safety as
  trustee on behalf of the statewide donor registry maintained for
  the benefit of the citizens of this state.  The fund is composed of
  money deposited to the credit of the fund [The Department of Public
  Safety shall remit to the comptroller the money collected] under
  Sections 502.405(b), 521.008, [521.421(g)] and 521.422(c),
  Transportation Code, as provided by those subsections.  Money in
  the fund [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 at least
  monthly, without appropriation, to the nonprofit organization
  administering the registry [under this section under the terms of
  the contract between the department and the organization] 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;
               (2)  designing and distributing educational materials
  for prospective donors as required under this section; and
               (3)  providing education under this chapter.
         (k)  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 may [pursuant to
  the contract to] educate residents about anatomical gifts.  The
  education provided under this section 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.
         (m)  The [department may require the] nonprofit organization
  administering the registry may [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)  conduct the training described by Subdivision (1)
  on an ongoing basis for new employees.
         (n)  The [department may require the] nonprofit organization
  administering the registry may [to] develop a program to educate
  health care providers and attorneys in this state about anatomical
  gifts.
         (o)  The [department shall require the] nonprofit
  organization administering the registry shall [to] encourage:
               (1)  attorneys to provide organ donation information to
  clients seeking advice for end-of-life decisions;
               (2)  medical and nursing schools in this state to
  include mandatory organ donation education in the schools'
  curricula; and
               (3)  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.
  SECTION 2.  Subsection (b), Section 502.405, Transportation
  Code, as redesignated from Subsection (b), Section 502.1745,
  Transportation Code, by Chapter 1296 (H.B. 2357), Acts of the 82nd
  Legislature, Regular Session, 2011, is reenacted to incorporate
  amendments to Subsection (b), Section 502.1745, Transportation
  Code, made by Chapters 554 (H.B. 2904) and 1296 (H.B. 2357), Acts of
  the 82nd Legislature, Regular Session, 2011, and amended to read as
  follows:
         (b)  When a person applies for the registration or renewal of
  registration of a motor vehicle, the person may elect to contribute 
  [A person may elect to pay an additional fee of] $1 to the nonprofit
  organization administering [for the registration or renewal of
  registration of a motor vehicle to pay the costs of] the Glenda
  Dawson Donate Life-Texas Registry established under Chapter 692A,
  Health and Safety Code.  The department shall remit any
  contribution paid under this subsection to the comptroller for
  deposit to the credit of the Glenda Dawson Donate Life-Texas
  Registry fund created under Section 692A.020, Health and Safety
  Code.  Money received under this subsection by the organization may
  be used only to manage the organization's registry, provide donor
  education, and promote donor awareness.  The organization shall
  submit an annual report to the legislature and the comptroller that
  includes the total dollar amount of money received by the
  organization under this subsection.  If a person makes a
  contribution under this section and does not pay the full amount of
  the registration fee, the department may credit all or a portion of
  the contribution to the person's registration fee.  The department
  shall:
               (1)  include space on each motor vehicle registration
  renewal notice, on the page that states the total fee for
  registration renewal, that allows a person renewing a registration
  to voluntarily contribute $1 to the organization;
               (2)  provide an opportunity for a person to contribute
  $1 to the organization during the registration renewal process on
  the department's Internet website; and
               (3)  provide an opportunity to contribute $1 to the
  organization in any registration renewal system that succeeds the
  registration renewal system in place on September 1, 2013.  
  [Notwithstanding any other provision of this chapter, all fees
  collected under this subsection shall be remitted to the
  comptroller, who shall maintain the identity of the source of the
  fees.]
         SECTION 3.  Subchapter A, Chapter 521, Transportation Code,
  is amended by adding Section 521.008 to read as follows:
         Sec. 521.008.  VOLUNTARY CONTRIBUTION TO DONOR REGISTRY.
  (a)  When a person applies for an original or renewal driver's
  license under this chapter, the person may contribute $1 to the
  nonprofit organization administering the Glenda Dawson Donate
  Life-Texas Registry under Chapter 692A, Health and Safety Code.
         (b)  The department shall:
               (1)  include space on each application for a new or
  renewal driver's license that allows a person applying for a new or
  renewal driver's license to indicate that the person is voluntarily
  contributing $1 to the organization; and
               (2)  provide an opportunity for the person to
  contribute $1 to the organization during the application process
  for a new or renewal driver's license on the department's Internet
  website.
         (c)  The department shall remit any contribution made under
  this section to the comptroller for deposit to the credit of the
  Glenda Dawson Donate Life-Texas Registry fund created under Section
  692A.020, Health and Safety Code.  Before sending the money to the
  comptroller, the department may deduct money equal to the amount of
  reasonable expenses for administering this section, not to exceed
  five percent of the money collected under this section.
         (d)  The organization shall submit an annual report to the
  director of the department that includes the total dollar amount of
  contributions received by the organization under this section.
         SECTION 4.  Subsection (c), Section 521.422, Transportation
  Code, is amended to read as follows:
         (c)  When a person applies [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, the person may elect to
  contribute $1 to the nonprofit organization administering [to pay
  the costs of] the Glenda Dawson Donate Life-Texas Registry
  established under Chapter 692A, 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].  The department shall remit any contribution paid
  under this subsection to the comptroller for deposit to the credit
  of the Glenda Dawson Donate Life-Texas Registry fund created under
  Section 692A.020, Health and Safety Code.  Before sending the money
  to the comptroller, the department may deduct money equal to the
  amount of reasonable expenses for administering this subsection,
  not to exceed five percent of the money collected under this
  subsection.  The organization shall submit an annual report to the
  director of the department that includes the total dollar amount of
  money received by the organization under this subsection.
         SECTION 5.  Subsection (b), Section 521.427, Transportation
  Code, is amended to read as follows:
         (b)  Subsection (a) does not apply to:
               (1)  the portion of a fee collected under Section
  521.421(b) or Section 521.421(f), as added by Chapter 1156, Acts of
  the 75th Legislature, Regular Session, 1997, that is required by
  Section 662.011 to be deposited to the credit of the motorcycle
  education fund account;
               (2)  a fee collected under Section 521.421(j);
               [(3)  a fee collected under Section 521.421(g);] or
               (3) [(4)]  a fee collected under Section 521.422(b) or
  (c).
         SECTION 6.  (a)  Subsections (j) and (l), Section 692A.020,
  Health and Safety Code, are repealed.
         (b)  Effective September 1, 2014, Subsection (g), Section
  521.421, Transportation Code, is repealed.
         SECTION 7.  Section 521.008, Transportation Code, as added
  by this Act, applies only to a driver's license issued or renewed on
  or after January 1, 2014.
         SECTION 8.  Subdivision (1), Subsection (b), Section
  502.405, as added by this Act, applies only to the form of a motor
  vehicle registration renewal notice that is revised on or after the
  effective date of this Act.
         SECTION 9.  To the extent of any conflict, this Act prevails
  over another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 10.  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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1815 passed the Senate on
  April 17, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 7, 2013, by the
  following vote: Yeas 29, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1815 passed the House, with
  amendments, on April 30, 2013, by the following vote: Yeas 143,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor