H.B. No. 3283
 
 
 
 
AN ACT
  relating to contributions and registrations for an anatomical gift
  registry; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 502.405, Transportation
  Code, is amended to read as follows:
         Sec. 502.405.  VOLUNTARY CONTRIBUTION TO DONOR REGISTRY
  [EDUCATION, AWARENESS, AND REGISTRY PROGRAM].
         SECTION 2.  Sections 502.405(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The department shall provide to each county
  assessor-collector the educational materials for prospective
  donors provided under Section 502.189 [as required by the Donor
  Education, Awareness, and Registry Program of Texas under Chapter
  49, Health and Safety Code.     The educational materials shall be
  made available in each office authorized to accept applications for
  registration of motor vehicles].
         (b)  When a person applies for the registration or renewal of
  registration of a motor vehicle, the person may elect to contribute
  $1 or more to the nonprofit organization administering 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 for the purposes described by Section 692A.020(i),
  Health and Safety Code [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 or more to the organization;
               (2)  provide an opportunity for a person to contribute
  $1 or more to the organization during the registration renewal
  process on the department's Internet website; and
               (3)  provide an opportunity to contribute $1 or more to
  the organization in any registration renewal system that succeeds
  the registration renewal system in place on September 1, 2015
  [2013].
         SECTION 3.  Section 521.008(a), Transportation Code, as
  added by Chapter 121 (S.B. 1815), Acts of the 83rd Legislature,
  Regular Session, 2013, is amended to read as follows:
         (a)  When a person applies for an original or renewal
  driver's license under this chapter, the person may contribute $1
  or more to the nonprofit organization administering the Glenda
  Dawson Donate Life-Texas Registry under Chapter 692A, Health and
  Safety Code.
         SECTION 4.  Section 521.126, Transportation Code, is amended
  by amending Subsections (b) and (i) and adding Subsection (n) to
  read as follows:
         (b)  Except as provided by Subsections (d), (e), (e-1), (g),
  (i), [and] (j), and (n), and Section 501.101, Business & Commerce
  Code, a person commits an offense if the person:
               (1)  accesses or uses electronically readable
  information derived from a driver's license, commercial driver's
  license, or personal identification certificate; or
               (2)  compiles or maintains a database of electronically
  readable information derived from driver's licenses, commercial
  driver's licenses, or personal identification certificates.
         (i)  The prohibition provided by Subsection (b) does not
  apply to a health care provider or hospital that accesses, uses,
  compiles, or maintains a database of the information to provide
  health care services to the individual who holds the driver's
  license, commercial driver's license, or personal identification
  certificate. If an individual objects to the collection of
  information under this subsection, the health care provider or
  hospital must use an alternative method to collect the individual's
  information.
         (n)  The prohibition provided by Subsection (b) does not
  apply to the nonprofit organization administering the Glenda Dawson
  Donate Life-Texas Registry under Section 692A.020, Health and
  Safety Code, or an organ procurement organization, tissue bank, or
  eye bank, as those terms are defined by Section 692A.002, Health and
  Safety Code, for the purpose of scanning the individual's
  information on the individual's driver's license, commercial
  driver's license, or personal identification certificate to
  register the individual as an anatomical gift donor. Before
  transmitting information scanned under this subsection, the
  nonprofit organization, organ procurement organization, tissue
  bank, or eye bank shall:
               (1)  notify the individual of the registry's purpose
  and the purposes for which the information will be used;
               (2)  require the individual to verify the accuracy of
  the information; and
               (3)  require the individual to affirm consent to make
  an anatomical gift through the individual's use of the individual's
  electronic signature.
         SECTION 5.  Section 521.422(c), Transportation Code, is
  amended to read as follows:
         (c)  When a person applies 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 or more to the nonprofit organization
  administering 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.  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 6.  Section 522.021, Transportation Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  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 under Chapter 692A,
  Health and Safety Code.
         SECTION 7.  Chapter 522, Transportation Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. ANATOMICAL GIFTS
         Sec. 522.151.  DEFINITION. In this subchapter, "registry"
  means the Glenda Dawson Donate Life-Texas Registry established
  under Section 692A.020, Health and Safety Code.
         Sec. 522.152.  VOLUNTARY CONTRIBUTION TO DONOR REGISTRY.
  (a)  When an individual applies for an original or renewal
  commercial driver's license under this chapter, the individual may
  contribute $1 or more to the nonprofit organization administering
  the registry.
         (b)  The department shall:
               (1)  include space on each application for a new or
  renewal commercial driver's license that allows an individual
  applying for a new or renewal commercial driver's license to
  indicate that the individual is voluntarily contributing $1 or more
  to the organization; and
               (2)  provide an opportunity for the individual to
  contribute $1 or more to the organization during the application
  process for a new or renewal commercial 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 an amount, not to exceed
  five percent of the money collected under this section, for the
  reasonable expenses incurred by the department in administering
  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.
         Sec. 522.153.  STATEMENT OF GIFT; PROVISION OF REGISTRY
  INFORMATION. (a) An individual who wishes to be an organ, tissue,
  or eye donor may execute a statement of gift.
         (b)  The statement of gift may be shown on a donor's
  commercial driver's license or by a card designed to be carried by
  the donor to evidence the donor's consent with respect to organ,
  tissue, and eye donation.  A donor card signed by the donor shall be
  given effect as if executed under Section 692A.005, Health and
  Safety Code.
         (c)  The donor registry or organ procurement organizations,
  tissue banks, or eye banks, as those terms are defined by Section
  692A.002, Health and Safety Code, shall provide donor registry
  information to the department and the Texas Department of
  Transportation.  The department, with expert input and support
  from the nonprofit organization administering the registry, shall:
               (1)  provide to each applicant for the issuance of an
  original, renewal, corrected, or duplicate commercial driver's
  license who applies in person, by mail, over the Internet, or by
  other electronic means:
                     (A)  the opportunity to indicate on the person's
  commercial 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 individual to consent
  to inclusion in the registry and release to procurement
  organizations in the manner provided by Subsection (d); and
               (2)  provide a means to distribute registry information
  to interested individuals in each office authorized to issue
  commercial driver's licenses.
         (d)  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 individual's
  name, date of birth, commercial 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 registry for inclusion in the registry.
         (e)  An affirmative statement of gift on an individual's
  commercial driver's license executed after August 31, 2015, shall
  be conclusive evidence of a decedent's status as a donor and serve
  as consent for organ, tissue, and eye removal.
         (f)  The department shall distribute at all field offices
  Donate Life brochures that provide basic donation information in
  English and Spanish and include a contact phone number and e-mail
  address.  The department shall include the question required under
  Subsection (d)(1) and information on the donor registry Internet
  website in renewal notices.
         Sec. 522.154.  REVOCATION OF STATEMENT OF GIFT. (a) To
  revoke an affirmative statement of gift on an individual's
  commercial driver's license, the individual must apply to the
  department for an amendment to the license.
         (b)  The fee for an amendment is the same as the fee for a
  duplicate license.
         (c)  To have an individual's name removed from the registry,
  the individual must provide written notice to the nonprofit
  organization selected under Chapter 692A, Health and Safety Code,
  to maintain the registry directing the removal of the individual's
  name from the registry.  On receipt of a written notice under this
  subsection, the organization shall promptly remove the
  individual's name and information from the registry.
         SECTION 8.  Section 521.126(k), Transportation Code, is
  repealed.
         SECTION 9.  This Act takes effect January 1, 2016.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3283 was passed by the House on April
  23, 2015, by the following vote:  Yeas 137, Nays 2, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3283 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor