Bill Text: TX HB2904 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to the administration of the Glenda Dawson Donate Life-Texas Registry.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - See remarks for effective date [HB2904 Detail]

Download: Texas-2011-HB2904-Comm_Sub.html

---

By: Zerwas (Senate Sponsor - Zaffirini) H.B. No. 2904
(In the Senate - Received from the House April 20, 2011;
April 26, 2011, read first time and referred to Committee on Health
and Human Services; May 16, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7,
Nays 0; May 16, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2904 By: Rodriguez

A BILL TO BE ENTITLED
AN ACT
relating to the administration of the Glenda Dawson Donate
Life-Texas 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 shall 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 Glenda Dawson 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 Glenda Dawson 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 Glenda Dawson 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, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (c-1) 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 Glenda Dawson 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 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 in the manner provided by Subsection (c-1) [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.
(c-1) 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 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 contracted to maintain the
statewide donor registry under Section 692A.020, Health and Safety
Code, for inclusion in the registry.
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
Glenda Dawson 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 Glenda Dawson 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 Glenda Dawson
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 immediately before January 1, 2012, 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 attributable to voluntary fees collected under Section
502.1745, 521.421(g), or 521.422(c), Transportation Code, for the
Glenda Dawson Donate Life-Texas Registry as it existed immediately
before January 1, 2012, may be used by the Department of State
Health Services for contracts relating to the Glenda Dawson Donate
Life-Texas Registry under Section 692A.020, Health and Safety Code,
as amended by this Act; and
(8) the Department of State Health Services shall
transfer all information formerly maintained by the Glenda Dawson
Donate Life-Texas Registry, as it existed immediately before
January 1, 2012, to the nonprofit organization administering the
Glenda Dawson Donate Life-Texas Registry under Section 692A.020,
Health and Safety Code, as amended by this Act, for use in the
Glenda Dawson 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.
* * * * *