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A BILL TO BE ENTITLED
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AN ACT
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relating to contributions and registrations for an anatomical gift |
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registry; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 502.405, Transportation |
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Code, is amended to read as follows: |
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Sec. 502.405. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY |
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[EDUCATION, AWARENESS AND REGISTRY PROGRAM]. |
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SECTION 2. Sections 502.405(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) The department shall provide to each county |
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assessor-collector the educational materials for prospective |
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donors provided under Section 502.189 [as required by the Donor
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Education, Awareness, and Registry Program of Texas under Chapter
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49, Health and Safety Code. The educational materials shall be made
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available in each office authorized to accept applications for
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registration of motor vehicles]. |
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(b) When a person applies for the registration or renewal of |
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registration of a motor vehicle, the person may elect to contribute |
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$1 or more to the nonprofit organization administering the Glenda |
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Dawson Donate Life-Texas Registry established under Chapter 692A, |
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Health and Safety Code. The department shall remit any contribution |
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paid under this subsection to the comptroller for deposit to the |
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credit of the Glenda Dawson Donate Life-Texas Registry fund created |
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under Section 692A.020, Health and Safety Code. Money received |
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under this subsection by the organization may be used only for the |
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purposes described by Section 692A.020(i), Health and Safety Code |
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[to manage the organization's registry, provide donor education,
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and promote donor awareness]. The organization shall submit an |
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annual report to the legislature and the comptroller that includes |
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the total dollar amount of money received by the organization under |
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this subsection. If a person makes a contribution under this |
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section and does not pay the full amount of the registration fee, |
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the department may credit all or a portion of the contribution to |
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the person's registration fee. The department shall: |
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(1) include space on each motor vehicle registration |
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renewal notice, on the page that states the total fee for |
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registration renewal, that allows a person renewing a registration |
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to voluntarily contribute $1 or more to the organization; |
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(2) provide an opportunity for a person to contribute |
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$1 or more to the organization during the registration renewal |
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process on the department's Internet website; and |
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(3) provide an opportunity to contribute $1 or more to |
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the organization in any registration renewal system that succeeds |
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the registration renewal system in place on September 1, 2015 |
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[2013]. |
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SECTION 3. Section 521.008(a), Transportation Code, as |
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added by Chapter 121 (S.B. 1815), Acts of the 83rd Legislature, |
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Regular Session, 2013, is amended to read as follows: |
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(a) When a person applies for an original or renewal |
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driver's license under this chapter, the person may contribute $1 |
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or more to the nonprofit organization administering the Glenda |
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Dawson Donate Life-Texas Registry under Chapter 692A, Health and |
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Safety Code. |
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SECTION 4. Section 521.126, Transportation Code, is amended |
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by amending Subsections (b) and (i) and adding Subsection (n) to |
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read as follows: |
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(b) Except as provided by Subsections (d), (e), (e-1), (g), |
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(i), [and] (j), and (n), and Section 501.101, Business & Commerce |
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Code, a person commits an offense if the person: |
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(1) accesses or uses electronically readable |
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information derived from a driver's license, commercial driver's |
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license, or personal identification certificate; or |
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(2) compiles or maintains a database of electronically |
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readable information derived from driver's licenses, commercial |
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driver's licenses, or personal identification certificates. |
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(i) The prohibition provided by Subsection (b) does not |
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apply to a health care provider or hospital that accesses, uses, |
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compiles, or maintains a database of the information to provide |
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health care services to the individual who holds the driver's |
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license, commercial driver's license, or personal identification |
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certificate. If an individual objects to the collection of |
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information under this subsection, the health care provider or |
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hospital must use an alternative method to collect the individual's |
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information. |
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(n) The prohibition provided by Subsection (b) does not |
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apply to the nonprofit organization administering the Glenda Dawson |
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Donate Life-Texas Registry under Section 692A.020, Health and |
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Safety Code, or an organ procurement organization, tissue bank, or |
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eye bank, as those terms are defined by Section 692A.002, Health and |
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Safety Code, for the purpose of scanning the individual's |
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information on the individual's driver's license, commercial |
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driver's license, or personal identification certificate to |
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register the individual as an anatomical gift donor. Before |
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transmitting information scanned under this subsection, the |
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nonprofit organization, organ procurement organization, tissue |
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bank, or eye bank shall: |
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(1) notify the individual of the registry's purpose |
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and the purposes for which the information will be used; and |
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(2) require the individual to verify the accuracy of |
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the information; and |
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(3) affirm the individual's consent to make an |
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anatomical gift through the individual's use of the individual's |
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electronic signature. |
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SECTION 5. Section 521.422(c), Transportation Code, is |
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amended to read as follows: |
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(c) When a person applies for the issuance or renewal of a |
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personal identification card, including a duplicate personal |
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identification card or a personal identification card issued or |
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renewed over the Internet or by other electronic means, the person |
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may elect to contribute $1 or more to the nonprofit organization |
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administering the Glenda Dawson Donate Life-Texas Registry |
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established under Chapter 692A, Health and Safety Code. The |
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department shall remit any contribution paid under this subsection |
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to the comptroller for deposit to the credit of the Glenda Dawson |
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Donate Life-Texas Registry fund created under Section 692A.020, |
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Health and Safety Code. Before sending the money to the |
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comptroller, the department may deduct money equal to the amount of |
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reasonable expenses for administering this subsection, not to |
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exceed five percent of the money collected under this subsection. |
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The organization shall submit an annual report to the director of |
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the department that includes the total dollar amount of money |
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received by the organization under this subsection. |
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SECTION 6. Section 522.021, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) When the department issues a license to which this |
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section applies, the department shall provide the person to whom |
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the license is issued with written information about the Glenda |
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Dawson Donate Life-Texas Registry operated under Chapter 692A, |
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Health and Safety Code. |
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SECTION 7. Chapter 522, Transportation Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. ANATOMICAL GIFTS |
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Sec. 522.151. DEFINITION. In this subchapter, "registry" |
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means the Glenda Dawson Donate Life-Texas Registry established |
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under Section 692A.020, Health and Safety Code. |
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Sec. 522.152. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY. |
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(a) When an individual applies for an original or renewal |
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commercial driver's license under this chapter, the individual may |
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contribute $1 or more to the nonprofit organization administering |
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the registry. |
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(b) The department shall: |
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(1) include space on each application for a new or |
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renewal commercial driver's license that allows an individual |
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applying for a new or renewal commercial driver's license to |
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indicate that the individual is voluntarily contributing $1 or more |
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to the organization; and |
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(2) provide an opportunity for the individual to |
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contribute $1 or more to the organization during the application |
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process for a new or renewal driver's license on the department's |
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Internet website. |
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(c) The department shall remit any contribution made under |
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this section to the comptroller for deposit to the credit of the |
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Glenda Dawson Donate Life-Texas Registry fund created under Section |
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692A.020, Health and Safety Code. Before sending the money to the |
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comptroller, the department may deduct an amount, not to exceed |
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five percent of the money collected under this section, for the |
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reasonable expenses incurred by the department in administering |
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this section. |
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(d) The organization shall submit an annual report to the |
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director of the department that includes the total dollar amount of |
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contributions received by the organization under this section. |
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Sec. 522.153. STATEMENT OF GIFT; PROVISION OF REGISTRY |
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INFORMATION. (a) An individual who wishes to be an organ, tissue, |
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or eye donor may execute a statement of gift. |
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(b) The statement of gift may be shown on a donor's |
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commercial driver's license or by a card designed to be carried by |
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the donor to evidence the donor's intentions with respect to organ, |
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tissue, and eye donation. A donor card signed by the donor shall be |
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given effect as if executed under Section 692A.005, Health and |
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Safety Code. |
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(c) The donor registry or organ procurement organizations, |
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tissue banks, or eye banks, as those terms are defined by Section |
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692A.002, Health and Safety Code, shall provide donor registry |
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information to the department and the Texas Department of |
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Transportation. The department, with expert input and support from |
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the nonprofit organization administering the registry, shall: |
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(1) provide to each applicant for the issuance of an |
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original, renewal, corrected, or duplicate commercial driver's |
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license who applies in person, by mail, over the Internet, or by |
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other electronic means: |
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(A) the opportunity to indicate on the person's |
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commercial driver's license that the person is willing to make an |
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anatomical gift, in the event of death, in accordance with Section |
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692A.005, Health and Safety Code; and |
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(B) an opportunity for the individual to consent |
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to inclusion in the registry and release to procurement |
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organizations in the manner provided by Subsection (d); and |
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(2) provide a means to distribute registry information |
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to interested individuals in each office authorized to issue |
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commercial driver's licenses. |
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(d) The department shall: |
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(1) specifically ask each applicant only the question, |
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"Would you like to register as an organ donor?"; and |
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(2) if the applicant responds affirmatively to the |
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question asked under Subdivision (1), provide the individual's |
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name, date of birth, commercial driver's license number, most |
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recent address, and other information needed for identification |
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purposes at the time of donation to the nonprofit organization |
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contracted to maintain the registry for inclusion in the registry. |
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(e) An affirmative statement of gift on an individual's |
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commercial driver's license executed after August 31, 2015, shall |
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be conclusive evidence of a decedent's status as a donor and serve |
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as consent for organ, tissue, and eye removal. |
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(f) The department shall distribute at all field offices |
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Donate Life brochures that provide basic donation information in |
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English and Spanish and include a contact phone number and e-mail |
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address. The department shall include the question required under |
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Subsection (d)(1) and information on the donor registry Internet |
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website in renewal notices. |
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Sec. 522.154. REVOCATION OF STATEMENT OF GIFT. (a) To |
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revoke an affirmative statement of gift on an individual's |
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commercial driver's license, the individual must apply to the |
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department for an amendment to the license. |
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(b) The fee for an amendment is the same as the fee for a |
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duplicate license. |
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(c) To have an individual's name removed from the registry, |
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the individual must provide written notice to the nonprofit |
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organization selected under Chapter 692A, Health and Safety Code, |
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to maintain the registry directing the removal of the individual's |
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name from the registry. On receipt of a written notice under this |
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subsection, the organization shall promptly remove the |
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individual's name and information from the registry. |
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SECTION 8. Section 521.126(k), Transportation Code, is |
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repealed. |
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SECTION 9. This Act takes effect September 1, 2015. |