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AN ACT
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relating to voluntary donations to the Glenda Dawson Donate |
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Life-Texas Registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a), (c), (d), (e), (f), (g), (i), |
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(k), (m), (n), (o), and (p), Section 692A.020, Health and Safety |
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Code, are amended to read as follows: |
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(a) A [The department shall contract with a] nonprofit |
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organization designated by the Department of Public Safety shall |
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[to] maintain and administer a statewide donor registry, to be |
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known as the Glenda Dawson Donate Life-Texas Registry. |
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(c) The [department shall require the] nonprofit |
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organization shall [with which the department has contracted to
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administer the statewide donor registry to] establish and maintain |
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a statewide Internet-based registry of organ, tissue, and eye |
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donors. |
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(d) The Department of Public Safety at least monthly shall |
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electronically transfer to the nonprofit organization |
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administering the registry [under contract with the department] the |
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name, date of birth, driver's license number, most recent address, |
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and any other relevant information in the possession of the |
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Department of Public Safety for any person who indicates on the |
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person's driver's license application under Section 521.401, |
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Transportation Code, that the person would like to make an |
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anatomical gift. |
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(e) The [contract between the department and the] nonprofit |
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organization administering the registry shall [must require the
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organization to]: |
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(1) make information obtained from the Department of |
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Public Safety under Subsection (d) available to procurement |
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organizations; |
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(2) allow potential donors to submit information in |
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writing directly to the organization for inclusion in the |
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Internet-based registry; |
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(3) maintain the Internet-based registry in a manner |
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that allows procurement organizations to immediately access organ, |
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tissue, and eye donation information 24 hours a day, seven days a |
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week through electronic and telephonic methods; and |
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(4) protect the confidentiality and privacy of the |
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individuals providing information to the Internet-based registry, |
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regardless of the manner in which the information is provided. |
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(f) Except as otherwise provided by Subsection (e)(3) or |
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this subsection, the Department of Public Safety, the nonprofit |
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organization administering [under contract to administer] the |
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registry, or a procurement organization may not sell, rent, or |
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otherwise share any information provided to the Internet-based |
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registry. A procurement organization may share any information |
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provided to the registry with an organ procurement organization or |
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a health care provider or facility providing medical care to a |
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potential donor as necessary to properly identify an individual at |
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the time of donation. |
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(g) The Department of Public Safety, the nonprofit |
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organization administering [under contract with the department to
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administer] the registry, or the procurement organizations may not |
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use any demographic or specific data provided to the Internet-based |
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registry for any fund-raising activities. Data may only be |
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transmitted from the selected organization to procurement |
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organizations through electronic and telephonic methods using |
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secure, encrypted technology to preserve the integrity of the data |
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and the privacy of the individuals providing information. |
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(i) The Glenda Dawson Donate Life-Texas Registry fund is |
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created as a trust fund outside the state treasury to be held by the |
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comptroller and administered by the Department of Public Safety as |
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trustee on behalf of the statewide donor registry maintained for |
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the benefit of the citizens of this state. The fund is composed of |
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money deposited to the credit of the fund [The Department of Public
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Safety shall remit to the comptroller the money collected] under |
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Sections 502.405(b), 521.008, [521.421(g)] and 521.422(c), |
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Transportation Code, as provided by those subsections. Money in |
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the fund [A county assessor-collector shall remit to the
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comptroller any money collected under Section 502.1745,
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Transportation Code, as provided by that section.
Money remitted
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to the comptroller in accordance with those sections that is
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appropriated to the department] shall be disbursed at least |
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monthly, without appropriation, to the nonprofit organization |
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administering the registry [under this section under the terms of
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the contract between the department and the organization] to pay |
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the costs of: |
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(1) maintaining, operating, and updating the |
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Internet-based registry and establishing procedures for an |
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individual to be added to the registry; |
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(2) designing and distributing educational materials |
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for prospective donors as required under this section; and |
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(3) providing education under this chapter. |
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(k) To the extent funds are available and as part of the |
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donor registry program, [the department may allocate funds to] the |
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nonprofit organization administering the registry may [pursuant to
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the contract to] educate residents about anatomical gifts. The |
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education provided under this section shall include information |
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about: |
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(1) the laws governing anatomical gifts, including |
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Subchapter Q, Chapter 521, Transportation Code, Chapter 693, and |
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this chapter; |
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(2) the procedures for becoming an organ, eye, or |
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tissue donor or donee; and |
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(3) the benefits of organ, eye, or tissue donation. |
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(m) The [department may require the] nonprofit organization |
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administering the registry may [to]: |
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(1) implement a training program for all appropriate |
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Department of Public Safety and Texas Department of Transportation |
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employees on the benefits of organ, tissue, and eye donation and the |
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procedures for individuals to be added to the Internet-based |
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registry; and |
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(2) conduct the training described by Subdivision (1) |
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on an ongoing basis for new employees. |
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(n) The [department may require the] nonprofit organization |
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administering the registry may [to] develop a program to educate |
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health care providers and attorneys in this state about anatomical |
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gifts. |
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(o) The [department shall require the] nonprofit |
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organization administering the registry shall [to] encourage: |
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(1) attorneys to provide organ donation information to |
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clients seeking advice for end-of-life decisions; |
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(2) medical and nursing schools in this state to |
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include mandatory organ donation education in the schools' |
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curricula; and |
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(3) medical schools in this state to require a |
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physician in a neurology or neurosurgery residency program to |
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complete an advanced course in organ donation education. |
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(p) The nonprofit organization administering the registry |
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may not[:
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[(1)
charge any fee for costs related to the operation
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and maintenance of the registry, except as agreed in the contract
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with the department; or
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[(2)] use the registry to solicit voluntary donations |
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of money from a registrant. |
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SECTION 2. Subsection (b), Section 502.405, Transportation |
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Code, as redesignated from Subsection (b), Section 502.1745, |
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Transportation Code, by Chapter 1296 (H.B. 2357), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted to incorporate |
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amendments to Subsection (b), Section 502.1745, Transportation |
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Code, made by Chapters 554 (H.B. 2904) and 1296 (H.B. 2357), Acts of |
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the 82nd Legislature, Regular Session, 2011, and amended to read as |
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follows: |
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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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[A person may elect to pay an additional fee of] $1 to the nonprofit |
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organization administering [for the registration or renewal of
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registration of a motor vehicle to pay the costs of] 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 |
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contribution paid under this subsection to the comptroller for |
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deposit to the credit of the Glenda Dawson Donate Life-Texas |
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Registry fund created under Section 692A.020, Health and Safety |
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Code. Money received under this subsection by the organization may |
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be used only to manage the organization's registry, provide donor |
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education, and promote donor awareness. The organization shall |
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submit an annual report to the legislature and the comptroller that |
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includes the total dollar amount of money received by the |
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organization under this subsection. If a person makes a |
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contribution under this section and does not pay the full amount of |
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the registration fee, the department may credit all or a portion of |
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the contribution to the person's registration fee. The department |
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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 to the organization; |
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(2) provide an opportunity for a person to contribute |
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$1 to the organization during the registration renewal process on |
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the department's Internet website; and |
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(3) provide an opportunity to contribute $1 to the |
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organization in any registration renewal system that succeeds the |
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registration renewal system in place on September 1, 2013. |
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[Notwithstanding any other provision of this chapter, all fees
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collected under this subsection shall be remitted to the
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comptroller, who shall maintain the identity of the source of the
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fees.] |
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SECTION 3. Subchapter A, Chapter 521, Transportation Code, |
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is amended by adding Section 521.008 to read as follows: |
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Sec. 521.008. VOLUNTARY CONTRIBUTION TO DONOR REGISTRY. |
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(a) When a person applies for an original or renewal driver's |
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license under this chapter, the person may contribute $1 to the |
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nonprofit organization administering the Glenda Dawson Donate |
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Life-Texas Registry under Chapter 692A, Health and Safety Code. |
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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 driver's license that allows a person applying for a new or |
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renewal driver's license to indicate that the person is voluntarily |
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contributing $1 to the organization; and |
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(2) provide an opportunity for the person to |
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contribute $1 to the organization during the application process |
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for a new or renewal driver's license on the department's Internet |
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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 money equal to the amount of |
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reasonable expenses for administering this section, not to exceed |
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five percent of the money collected under 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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SECTION 4. Subsection (c), Section 521.422, Transportation |
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Code, is amended to read as follows: |
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(c) When a person applies [The department shall collect an
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additional fee of $1] for the issuance or renewal of a personal |
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identification card, including a duplicate personal identification |
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card or a personal identification card issued or renewed over the |
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Internet or by other electronic means, the person may elect to |
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contribute $1 to the nonprofit organization administering [to pay
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the costs of] the Glenda Dawson Donate Life-Texas Registry |
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established under Chapter 692A, Health and Safety Code[, if the
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person applying for or renewing a personal identification card opts
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to pay the additional fee.
The department shall remit fees
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collected under this subsection to the comptroller, who shall
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maintain the identity of the source of the fees. Subject to
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appropriation, the department may retain three percent of the money
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collected under this subsection to cover the costs in administering
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this subsection]. The department shall remit any contribution paid |
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under this subsection to the comptroller for deposit to the credit |
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of the Glenda Dawson Donate Life-Texas Registry fund created under |
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Section 692A.020, Health and Safety Code. Before sending the money |
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to the comptroller, the department may deduct money equal to the |
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amount of reasonable expenses for administering this subsection, |
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not to exceed five percent of the money collected under this |
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subsection. 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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money received by the organization under this subsection. |
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SECTION 5. Subsection (b), Section 521.427, Transportation |
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Code, is amended to read as follows: |
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(b) Subsection (a) does not apply to: |
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(1) the portion of a fee collected under Section |
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521.421(b) or Section 521.421(f), as added by Chapter 1156, Acts of |
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the 75th Legislature, Regular Session, 1997, that is required by |
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Section 662.011 to be deposited to the credit of the motorcycle |
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education fund account; |
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(2) a fee collected under Section 521.421(j); |
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[(3) a fee collected under Section 521.421(g);] or |
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(3) [(4)] a fee collected under Section 521.422(b) or |
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(c). |
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SECTION 6. (a) Subsections (j) and (l), Section 692A.020, |
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Health and Safety Code, are repealed. |
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(b) Effective September 1, 2014, Subsection (g), Section |
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521.421, Transportation Code, is repealed. |
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SECTION 7. Section 521.008, Transportation Code, as added |
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by this Act, applies only to a driver's license issued or renewed on |
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or after January 1, 2014. |
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SECTION 8. Subdivision (1), Subsection (b), Section |
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502.405, as added by this Act, applies only to the form of a motor |
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vehicle registration renewal notice that is revised on or after the |
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effective date of this Act. |
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SECTION 9. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1815 passed the Senate on |
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April 17, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 7, 2013, by the |
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following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1815 passed the House, with |
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amendments, on April 30, 2013, by the following vote: Yeas 143, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |