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  H.B. No. 2478
 
 
 
 
AN ACT
  relating to newborn and infant screening tests.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 33, Health and Safety
  Code, is amended by adding Section 33.020 to read as follows:
         Sec. 33.020.  ANNUAL REPORT. (a)  For each newborn screening
  test that screens for a disorder included in the list of core
  conditions described by Section 33.011(a-1) that is not required by
  the department, the department shall, not later than September 1 of
  each year, prepare and submit a written report to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and each standing committee of the legislature having primary
  jurisdiction over the department.  The written report must:
               (1)  identify any additional program capacity or
  resources the department would need to:
                     (A)  implement the additional newborn screening
  test; and
                     (B)  require each newborn in the state to receive
  the additional newborn screening test; and
               (2)  summarize the plan for implementing and requiring
  the additional newborn screening test, including by identifying:
                     (A)  any potential barriers to implementation;
  and
                     (B)  the anticipated implementation date.
         (b)  As part of the plan described by Subsection (a)(2), the
  report must include information on whether the department is
  capable of implementing the required additional newborn screening
  test within a 24-month period.
         SECTION 2.  Section 33.052, Health and Safety Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  The department may use money appropriated under
  Subsection (a) to ensure that the laboratory established by the
  department or a laboratory approved by the department under Section
  33.016 is available seven days a week to perform screening tests
  required by the department under Section 33.011.
         SECTION 3.  Chapter 47, Health and Safety Code, is amended by
  adding Section 47.0032 to read as follows:
         Sec. 47.0032.  TESTING FOR CONGENITAL CYTOMEGALOVIRUS. (a)
  In this section, "congenital cytomegalovirus" has the meaning
  assigned by Section 46.001.
         (b)  If a newborn or infant does not pass the hearing
  screening performed under Section 47.003, the program that
  performed the screening shall perform or cause to be performed a
  test for congenital cytomegalovirus on the newborn or infant unless
  the newborn's or infant's parent declines the test.
         (c)  If the newborn or infant receives a positive test for
  congenital cytomegalovirus, the entity that performed the test
  shall provide the newborn's or infant's parents with:
               (1)  the results of the test;
               (2)  information on the potential effects of congenital
  cytomegalovirus and the available treatment options; and
               (3)  a referral to an appropriate physician or facility
  for the treatment of congenital cytomegalovirus.
         SECTION 4.  Section 33.054, Health and Safety Code, is
  repealed.
         SECTION 5.  Section 47.0032, Health and Safety Code, as
  added by this Act, applies only to a newborn or infant hearing
  screening performed on or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2478 was passed by the House on April
  28, 2023, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2478 was passed by the Senate on May
  23, 2023, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor