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A BILL TO BE ENTITLED
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AN ACT
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relating to the capture and use of an individual's biometric |
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identifiers, specimen, or genetic information by a governmental |
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body or peace officer or by a person for commercial purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Title 11, Business & Commerce |
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Code, is amended to read as follows: |
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TITLE 11. PERSONAL [IDENTITY] INFORMATION |
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SECTION 2. The heading to Subtitle A, Title 11, Business & |
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Commerce Code, is amended to read as follows: |
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SUBTITLE A. IDENTIFYING AND OTHER PERSONAL INFORMATION |
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SECTION 3. The heading to Chapter 503, Business & Commerce |
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Code, is amended to read as follows: |
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CHAPTER 503. BIOMETRIC IDENTIFIERS AND COLLECTION OF SPECIMEN FROM |
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INDIVIDUALS FOR DIAGNOSTIC PURPOSES |
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SECTION 4. The heading to Section 503.001, Business & |
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Commerce Code, is amended to read as follows: |
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Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER; |
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COLLECTION OR USE OF SPECIMEN. |
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SECTION 5. Section 503.001, Business & Commerce Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (c-3) and (c-4) to read as follows: |
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(a) In this section: |
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(1) "Biometric[, "biometric] identifier" means a |
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retina or iris scan, fingerprint, voiceprint, or record of hand or |
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face geometry. |
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(2) "Specimen" means a sample of an individual's |
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blood, urine, or other bodily fluid or tissue taken for scientific |
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analysis to detect or diagnose a disease. |
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(b) A person may not capture a biometric identifier of or |
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collect a specimen from an individual for a commercial purpose |
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unless the person: |
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(1) informs the individual before capturing the |
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biometric identifier or collecting the specimen; and |
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(2) receives the individual's consent to capture the |
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biometric identifier or collect the specimen. |
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(c) A person who possesses a biometric identifier or |
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specimen of an individual that is captured or collected for a |
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commercial purpose: |
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(1) may not sell, lease, or otherwise disclose the |
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biometric identifier or specimen test results to another person |
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unless: |
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(A) the individual consents to the disclosure for |
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identification purposes in the event of the individual's |
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disappearance or death; |
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(B) the disclosure of a biometric identifier |
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completes a financial transaction that the individual requested or |
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authorized; |
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(C) the disclosure is required or permitted by a |
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federal statute or by a state statute other than Chapter 552, |
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Government Code; or |
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(D) the disclosure is made by or to a law |
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enforcement agency for a law enforcement purpose in response to a |
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warrant; |
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(2) shall store, transmit, and protect from disclosure |
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the biometric identifier or specimen test results using reasonable |
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care and in a manner that is the same as or more protective than the |
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manner in which the person stores, transmits, and protects any |
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other confidential information the person possesses; and |
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(3) shall destroy the biometric identifier or specimen |
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within a reasonable time, but not later than the first anniversary |
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of the date the purpose for collecting the identifier or specimen |
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expires, except as provided by Subsection (c-1). |
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(c-3) A person who captures a biometric identifier of or |
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collects a specimen from an individual for a commercial purpose |
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shall provide to the individual information on: |
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(1) the type of technology or scientific testing to be |
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used on the identifier or specimen; |
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(2) the purpose of and method for capturing or |
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collecting the identifier or specimen; and |
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(3) the method for storing data related to the |
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captured or collected identifier or specimen. |
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(c-4) A person who collects a specimen from an individual to |
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test for a specific disease may not use or analyze the specimen for |
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a purpose unrelated to the test unless the individual consents to |
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the use for another purpose. |
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SECTION 6. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.25 to read as follows: |
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Art. 18.25. WARRANTS FOR GENETIC INFORMATION FROM CERTAIN |
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BUSINESSES. (a) This article applies to a business that collects |
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and analyzes genetic information to provide information about an |
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individual's genetic traits or biological relationships. |
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(b) A peace officer may require a business described by |
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Subsection (a) to provide the genetic information of a customer of |
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the business by obtaining a warrant under this chapter or by |
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obtaining the consent of the customer. |
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(c) A peace officer who obtains a warrant with respect to |
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genetic information held by a business described by Subsection (a) |
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may apply to the court issuing the warrant for an order commanding |
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the business to whom the warrant is directed not to disclose to any |
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person the existence of the warrant. The order is effective for the |
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period the court considers appropriate. The court shall enter the |
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order under this subsection if the court determines that there is |
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reason to believe that notification of the existence of the warrant |
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will lead to an adverse result, including: |
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(1) endangering the life or physical safety of an |
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individual; |
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(2) flight from prosecution; |
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(3) destruction of or tampering with evidence; |
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(4) intimidation of a potential witness; or |
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(5) otherwise seriously jeopardizing an investigation |
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or unduly delaying a trial. |
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(d) Unless an order is issued under Subsection (c), the |
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peace officer who executes a warrant for a customer's genetic |
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information shall notify the customer whose genetic information is |
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the subject of the warrant of the existence of the warrant. |
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SECTION 7. The heading to Chapter 560, Government Code, is |
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amended to read as follows: |
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CHAPTER 560. BIOMETRIC IDENTIFIER AND GENETIC INFORMATION |
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SECTION 8. Section 560.001, Government Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (3) and (4) to |
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read as follows: |
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(1) "Biometric identifier" means any measurement of |
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the human body or its movement that is used to attempt to uniquely |
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identify or authenticate the identity of a person, including a |
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blood sample, hair sample, skin sample, body scan, retina or iris |
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scan, fingerprint, voiceprint, or record of hand or face geometry. |
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(3) "Genetic information" means information that is: |
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(A) obtained from or based on a scientific or |
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medical determination of the presence or absence in an individual |
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of a genetic characteristic; or |
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(B) derived from the results of a genetic test of |
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an individual's genes, gene products, or chromosomes. |
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(4) "Genetic test" has the meaning assigned by Section |
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546.001, Insurance Code. |
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SECTION 9. Chapter 560, Government Code, is amended by |
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adding Section 560.0015 to read as follows: |
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Sec. 560.0015. STATUTORY AUTHORITY REQUIRED. (a) A |
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governmental body may not capture or possess a biometric identifier |
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of an individual or require a biometric identifier as a |
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prerequisite for providing a governmental service to the individual |
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unless the governmental body: |
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(1) has specific, explicit statutory authority that: |
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(A) allows the governmental body to: |
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(i) capture or possess the individual's |
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biometric identifier; or |
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(ii) require a biometric identifier as a |
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prerequisite for providing a governmental service to the |
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individual; or |
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(B) allows the governmental body to require and |
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obtain the written consent of the individual or the individual's |
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legal guardian before: |
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(i) capturing or possessing the |
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individual's biometric identifier; or |
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(ii) requiring a biometric identifier as a |
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prerequisite for providing a governmental service to the |
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individual; |
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(2) obtains the voluntary, written consent of the |
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individual or the individual's legal guardian; |
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(3) is a health care provider or health care facility |
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that captures, possesses, or requires the biometric identifier |
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while providing health care services to the individual; or |
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(4) is a criminal justice agency, as defined by |
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Article 66.001, Code of Criminal Procedure, that captures, |
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possesses, or requires the biometric identifier while engaged in |
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the administration of criminal justice, as defined by that article. |
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(b) For purposes of Subsection (a), Subchapter B, Chapter |
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33, Health and Safety Code, is specific, explicit statutory |
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authority under Subsection (a)(1)(A)(i) to capture or possess an |
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individual's biometric identifier in the conduct of newborn |
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screening as provided by that subchapter. |
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SECTION 10. Chapter 560, Government Code, is amended by |
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adding Sections 560.004, 560.005, 560.006, and 560.007 to read as |
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follows: |
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Sec. 560.004. DESTRUCTION OF SAMPLE GENETIC MATERIAL; |
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EXCEPTIONS. A governmental body shall promptly destroy a sample of |
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genetic material obtained from an individual for a genetic test |
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after the purpose for which the sample was obtained is accomplished |
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unless: |
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(1) the sample is retained under a court order; |
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(2) the individual authorizes retention of the sample |
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for medical treatment or scientific research; |
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(3) the sample was obtained for research authorized by |
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an institutional review board and retention of the sample is: |
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(A) under a requirement the institutional review |
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board imposes on a specific research project; or |
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(B) authorized by the research participant with |
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institutional review board approval under federal law; or |
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(4) the sample was obtained for a screening test |
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prescribed by the Department of State Health Services under Section |
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33.011, Health and Safety Code, and performed by that department or |
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a laboratory approved by that department. |
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Sec. 560.005. CONFIDENTIALITY OF GENETIC INFORMATION. (a) |
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Except as provided by Sections 560.006(a) and (b), genetic |
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information is confidential and privileged regardless of the source |
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of the information. |
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(b) A governmental body that holds an individual's genetic |
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information may not disclose or be compelled to disclose, by |
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subpoena or otherwise, that information unless the disclosure is |
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specifically authorized by the individual as provided by Section |
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560.007. |
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(c) This section applies to a redisclosure of genetic |
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information by a secondary recipient of the information after |
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disclosure of the information by an initial recipient. Except as |
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provided by Section 560.006(b), a governmental body may not |
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redisclose genetic information unless the redisclosure is |
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consistent with the disclosures authorized by the tested individual |
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under an authorization executed under Section 560.007. |
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Sec. 560.006. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject |
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to Subchapter G, Chapter 411, genetic information may be disclosed |
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without an authorization under Section 560.007 if the disclosure |
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is: |
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(1) authorized under a state or federal criminal law |
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relating to: |
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(A) the identification of individuals; or |
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(B) a criminal or juvenile proceeding, an |
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inquest, or a child fatality review by a multidisciplinary |
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child-abuse team; |
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(2) required under a specific order of a state or |
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federal court; |
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(3) for the purpose of establishing paternity as |
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authorized under a state or federal law; |
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(4) for the purpose of providing genetic information |
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of a decedent and the information is disclosed to the blood |
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relatives of the decedent for medical diagnosis; or |
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(5) for the purpose of identifying a decedent. |
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(b) A governmental body may redisclose genetic information |
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without an authorization under Section 560.007 for actuarial or |
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research studies if: |
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(1) a tested individual could not be identified in any |
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actuarial or research report; and |
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(2) any materials that identify a tested individual |
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are returned or destroyed as soon as reasonably practicable. |
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(c) A redisclosure authorized under Subsection (b) may |
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contain only genetic information reasonably necessary to |
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accomplish the purpose for which the information is disclosed. |
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Sec. 560.007. AUTHORIZED DISCLOSURE. An individual or an |
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individual's legal representative may authorize disclosure of the |
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individual's genetic information by submitting a statement that: |
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(1) is written in plain language and is signed by the |
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individual or legal representative; |
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(2) is dated; |
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(3) contains a specific description of the information |
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to be disclosed; |
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(4) identifies or describes each person authorized to |
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disclose the genetic information; |
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(5) identifies or describes the individuals or |
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entities to whom the disclosure or subsequent redisclosure of the |
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genetic information may be made; |
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(6) describes the specific purpose of the disclosure; |
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and |
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(7) advises the individual or legal representative |
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that the individual's authorized representative is entitled to |
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receive a copy of the authorization. |
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SECTION 11. Section 33.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Screening tests may not be administered to a newborn |
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child whose parents, managing conservator, or guardian objects to |
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[on the ground that] the tests [conflict with the religious tenets |
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or practices of an organized church of which they are adherents]. |
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SECTION 12. Article 18.25, Code of Criminal Procedure, as |
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added by this Act, applies only to a warrant issued on or after the |
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effective date of this Act. |
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SECTION 13. The changes in law made by this Act apply only |
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to a biometric identifier captured, a specimen collected, or |
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genetic information obtained or to a biometric identifier, a |
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specimen, or genetic information requested on or after the |
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effective date of this Act. A biometric identifier, a specimen, or |
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genetic information captured, collected, obtained, or requested |
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before that date is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 14. This Act takes effect September 1, 2021. |