82R9672 TJS-D
	By: Kolkhorst	H.B. No. 2110

	A BILL TO BE ENTITLED
	AN ACT
	relating to a property right in certain DNA samples; providing
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 1, Property Code, is amended by adding
	Chapter 3 to read as follows:
	CHAPTER 3. PROPERTY RIGHT IN CERTAIN DNA SAMPLES
	Sec. 3.001.  DEFINITIONS. In this chapter:
	(1)  "DNA" means deoxyribonucleic acid.
	(2)  "DNA sample" means a blood sample or other
	biological sample or specimen provided by an individual for the
	purpose of conducting DNA analysis or storage.
	(3)  "Genetic characteristic" means a scientifically
	or medically identifiable genetic or chromosomal variation,
	composition, or alteration that predisposes an individual to a
	disease, disorder, or syndrome.
	(4)  "Genetic test" means a presymptomatic laboratory
	test of an individual's genes, products, or chromosomes that:
	(A)  analyzes the individual's DNA, RNA,
	proteins, or chromosomes; and
	(B)  is performed to identify a genetic
	characteristic.
	(5)  "Property right" means the property right created
	by this chapter.
	(6)  "RNA" means ribonucleic acid.
	Sec. 3.002.  PROPERTY RIGHT ESTABLISHED. (a) Subject to
	Subsection (b), an individual has an exclusive property right in a
	DNA sample provided by the individual.  A person may not, without
	the informed, written consent of the individual or the individual's
	legal guardian or authorized representative:
	(1)  collect a DNA sample from an individual;
	(2)  perform a genetic test on an individual's DNA
	sample; or
	(3)  retain an individual's DNA sample.
	(b)  Notwithstanding Subsection (a), this chapter does not
	apply to:
	(1)  a DNA sample collected for the purpose of
	emergency medical treatment;
	(2)  a DNA sample collected for law enforcement
	purposes, including the identification of a perpetrator and the
	investigation of a crime, or identification of a missing,
	unidentified, or deceased person; or
	(3)  any other similar use of a DNA sample under the
	laws of this state or another jurisdiction.
	Sec. 3.003.  CIVIL PENALTY; INJUNCTION.  (a) A person who
	violates Section 3.002 is liable to the state for a civil penalty
	not to exceed the amount of any profits that are attributable to the
	violation.  The amount of profits under this subsection may be
	established by showing the gross revenue attributable to the
	unauthorized use minus any expenses that the person who committed
	the unauthorized use may prove.
	(b)  Subject to Subsection (a), the amount of a civil penalty
	under this section shall be based on:
	(1)  the seriousness of the violation, including the
	nature, circumstances, extent, and gravity of the violation;
	(2)  the economic harm caused by the violation;
	(3)  the history of previous violations;
	(4)  the amount necessary to deter a future violation;
	(5)  efforts to correct the violation; and
	(6)  any other matter that justice may require.
	(c)  If it appears that a person has violated Section 3.002,
	the attorney general may institute an action for a civil penalty,
	injunctive relief, or both.
	(d)  The attorney general may recover reasonable attorney's
	fees and expenses and court costs incurred in recovering a civil
	penalty or obtaining injunctive relief under this section.
	Sec. 3.004.  CRIMINAL PENALTY. A person commits an offense
	if the person, with criminal negligence, violates Section 3.002.
	An offense under this section is a Class A misdemeanor.
	SECTION 2.  Chapter 3, Property Code, as added by this Act,
	applies only to a DNA sample collected or provided on or after the
	effective date of this Act.  A DNA sample collected or provided
	before the effective date of this Act is governed by the law in
	effect immediately before that date, and that law is continued in
	effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2011.