83R12751 AJZ-F
	By: Zaffirini	S.B. No. 1815

	A BILL TO BE ENTITLED
	AN ACT
	relating to voluntary donations to the Glenda Dawson Donate
	Life-Texas Registry.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 692A.020(a), (c), (d), (e), (f), (g),
	(i), (k), (m), (n), (o), and (p), Health and Safety Code, are
	amended to read as follows:
	(a)  A [The department shall contract with a] nonprofit
	organization designated by the department shall [to] maintain and
	administer a statewide donor registry, to be known as the Glenda
	Dawson Donate Life-Texas Registry.
	(c)  The [department shall require the] nonprofit
	organization shall [with which the department has contracted to
	administer the statewide donor registry to] establish and maintain
	a statewide Internet-based registry of organ, tissue, and eye
	donors.
	(d)  The Department of Public Safety at least monthly shall
	electronically transfer to the nonprofit organization
	administering the registry [under contract with the department] 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.
	(e)  The [contract between the department and the] nonprofit
	organization administering the registry shall [must require the
	organization to]:
	(1)  make information obtained from the Department of
	Public Safety under Subsection (d) 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)  Except as otherwise provided by Subsection (e)(3) or
	this subsection, the Department of Public Safety, the nonprofit
	organization administering [under contract to administer] the
	registry, 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)  The Department of Public Safety, the nonprofit
	organization administering [under contract with the department to
	administer] the registry, 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.
	(i)  The Glenda Dawson Donate Life-Texas Registry fund is
	created as a trust fund outside the state treasury to be held by the
	comptroller and administered by the department as trustee on behalf
	of the statewide donor registry maintained for the benefit of the
	citizens of this state.  The fund is composed of money deposited to
	the credit of the fund [The Department of Public Safety shall remit
	to the comptroller the money collected] under Sections 502.405(b),
	521.008, 521.421(g), and 521.422(c), Transportation Code, as
	provided by those subsections.  Money in the fund [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 at least monthly, without appropriation, to the
	nonprofit organization administering the registry [under this
	section under the terms of the contract between the department and
	the organization] 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;
	(2)  designing and distributing educational materials
	for prospective donors as required under this section; and
	(3)  providing education under this chapter.
	(k)  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 may [pursuant to
	the contract to] educate residents about anatomical gifts.  The
	education provided under this section 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.
	(m)  The [department may require the] nonprofit organization
	administering the registry may [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)  conduct the training described by Subdivision (1)
	on an ongoing basis for new employees.
	(n)  The [department may require the] nonprofit organization
	administering the registry may [to] develop a program to educate
	health care providers and attorneys in this state about anatomical
	gifts.
	(o)  The [department shall require the] nonprofit
	organization administering the registry shall [to] encourage:
	(1)  attorneys to provide organ donation information to
	clients seeking advice for end-of-life decisions;
	(2)  medical and nursing schools in this state to
	include mandatory organ donation education in the schools'
	curricula; and
	(3)  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.
	SECTION 2.  Section 502.405(b), Transportation Code, as
	redesignated from Section 502.1745(b), Transportation Code, by
	Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
	Session, 2011, is reenacted to incorporate amendments to Section
	502.1745(b), Transportation Code, made by Chapters 554 (H.B. 2904)
	and 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular
	Session, 2011, and amended to read as follows:
	(b)  When a person applies for the registration or renewal of
	registration of a motor vehicle, the person may elect to contribute
	[A person may elect to pay an additional fee of] $1 to the nonprofit
	organization administering [for the registration or renewal of
	registration of a motor vehicle to pay the costs of] the Glenda
	Dawson Donate Life-Texas Registry established under Chapter 692A,
	Health and Safety Code.  The county assessor-collector 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 county
	assessor-collector 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.
	Money received under this subsection by the organization may be
	used only 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 county assessor-collector 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 to the organization; and
	(2)  provide an opportunity for a person to contribute
	$1 to the organization during the registration renewal process on
	the department's Internet website.  [Notwithstanding any other
	provision of this chapter, all fees collected under this subsection
	shall be remitted to the comptroller, who shall maintain the
	identity of the source of the fees.]
	SECTION 3.  Subchapter A, Chapter 521, Transportation Code,
	is amended by adding Section 521.008 to read as follows:
	Sec. 521.008.  VOLUNTARY CONTRIBUTION TO DONOR REGISTRY.
	(a)  When a person applies for an original or renewal driver's
	license under this chapter, the person may contribute $1 to the
	nonprofit organization administering the Glenda Dawson Donate
	Life-Texas Registry under Chapter 692A, Health and Safety Code.
	(b)  The department shall:
	(1)  include space on each application for a new or
	renewal driver's license that allows a person applying for a new or
	renewal driver's license to indicate that the person is voluntarily
	contributing $1 to the organization; and
	(2)  provide an opportunity for the person to
	contribute $1 to the organization during the application process
	for a new or renewal 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 money equal to the amount of
	reasonable expenses for administering this section, not to exceed
	five percent of the money collected under 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.
	SECTION 4.  Section 521.422(c), Transportation Code, is
	amended to read as follows:
	(c)  When a person applies [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, the person may elect to
	contribute $1 to the nonprofit organization administering [to pay
	the costs of] the Glenda Dawson Donate Life-Texas Registry
	established under Chapter 692A, 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].  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 5.  Sections 692A.020(j) and (l), Health and Safety
	Code, are repealed.
	SECTION 6.  Section 521.008, Transportation Code, as added
	by this Act, applies only to a driver's license issued or renewed on
	or after January 1, 2014.
	SECTION 7.  To the extent of any conflict, this Act prevails
	over another Act of the 83rd Legislature, Regular Session, 2013,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 8.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.