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AN ACT
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relating to the Glenda Dawson Donate Life-Texas Registry. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subsection (m), Section 49.002, Health and |
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Safety Code, is amended to read as follows: |
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�������(m)��In consultation with the Texas Organ, Tissue, and Eye |
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Donor Council, the department shall [may] implement a training |
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program for all appropriate Department of Public Safety and Texas |
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Department of Transportation employees on the benefits of organ, |
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tissue, and eye donation and the procedures for individuals to be |
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added to the statewide Internet-based registry of organ, tissue, |
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and eye donors. Department of Public Safety and Texas Department of |
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Transportation employees are not required to answer customer |
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questions about donation or transplantation. The Department of |
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Public Safety training under this section must include training on |
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asking the appropriate question under Section 521.401(c)(1)(B). |
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The department, with expert council input and support, shall |
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implement the training program [before the date that the statewide
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Internet-based registry is operational] and [shall] conduct the |
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training on an ongoing basis for new employees. |
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�������SECTION�2.��Subsection (d), Section 692.003, Health and |
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Safety Code, is amended to read as follows: |
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�������(d)��A gift made by a document other than a will is effective |
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on the death of the donor. The document may be a card designed to be |
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carried by the donor or another record signed by the donor or other |
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person making the gift. A statement or symbol in an online donor |
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registry and authorized by the donor indicating the donor has made |
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an anatomical gift may also serve as a document making a gift. To be |
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effective, the document must be signed by the donor in the presence |
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of two witnesses except as otherwise provided by Subchapter Q, |
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Chapter 521, Transportation Code, this subsection, or other law. |
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If the donor cannot sign the document, a person may sign the |
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document for the donor at the donor's direction and in the presence |
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of the donor and two witnesses. The witnesses to the signing of a |
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document under this subsection must sign the document in the |
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presence of the donor. Delivery of the document during the donor's |
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lifetime is not necessary to make the gift valid. An online |
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donation registration does not require the consent of another |
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person or require two witnesses. The online registration |
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constitutes a legal document under this chapter and remains binding |
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after the donor's death. |
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�������SECTION�3.��Subchapter D, Chapter 502, Transportation Code, |
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is amended by adding Section 502.189 to read as follows: |
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�������Sec.�502.189.��DONOR REGISTRY INFORMATION. (a)��The |
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department, with expert input and support from the Texas Organ, |
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Tissue, and Eye Donor Council, shall: |
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�������������(1)��add a link from the department's Internet website |
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to the Donor Education, Awareness, and Registry Program of Texas |
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established under Chapter 49, Health and Safety Code; and |
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�������������(2)��provide a method to distribute donor registry |
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information to interested individuals in each office authorized to |
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issue motor vehicle registrations. |
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�������(b)��The department shall make available for distribution to |
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each office authorized to issue motor vehicle registrations Donate |
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Life brochures that provide basic donor information in English and |
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Spanish and a contact phone number and e-mail address. The |
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department shall ensure that the question provided in Section |
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521.401(c)(1)(B) and information on the donor registry Internet |
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website is included with registration renewal notices. |
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�������SECTION�4.��Section 521.401, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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�������(c)��Donor registry information [cards] shall be provided to |
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the department and the Texas Department of Transportation by |
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qualified organ or tissue procurement organizations or eye banks, |
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as those terms are defined in Section 692.002, Health and Safety |
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Code, or by the Donor Education, Awareness, and Registry Program of |
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Texas established under Chapter 49, Health and Safety Code. The |
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department, with expert input and support from the Texas Organ, |
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Tissue, and Eye Donor Council, shall: |
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�������������(1)��provide to each applicant for the issuance of an |
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original, renewal, corrected, or duplicate driver's license or |
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personal identification certificate who applies in person, by mail, |
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over the Internet, or by other electronic means: |
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�������������������(A)��the opportunity to indicate on the person's |
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driver's license or personal identification certificate that the |
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person is willing to make an anatomical gift, in the event of death, |
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in accordance with Section 692.003, Health and Safety Code; and |
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�������������������(B)��an opportunity for the person to consent in |
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writing to the department's provision of the person's name, date of |
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birth, driver's license number, most recent address, and other |
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information needed for identification purposes at the time of |
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donation to the organization selected by the commissioner of state |
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health services under Chapter 49, Health and Safety Code, for |
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inclusion in the statewide Internet-based registry of organ, |
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tissue, and eye donors and for release to qualified organ, tissue, |
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and eye bank organizations by specifically asking each applicant |
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only the question, "Would you like to register as an organ donor?"; |
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and |
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�������������(2)��provide a means to distribute donor registry |
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information [cards] to interested individuals in each office |
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authorized to issue driver's licenses or personal identification |
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certificates. |
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�������(e)��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 (c)(1)(B) and information on the donor registry Internet |
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website in renewal notices. |
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�������SECTION�5.��Not later than January 1, 2010: |
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�������������(1)��the Department of State Health Services shall |
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implement the training program required under Subsection (m), |
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Section 49.002, Health and Safety Code, as amended by this Act; |
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�������������(2)��the Department of Public Safety of the State of |
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Texas shall implement Section 521.401, Transportation Code, as |
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amended by this Act; and |
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�������������(3)��the Texas Department of Transportation shall |
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implement Section 502.189, Transportation Code, as added by this |
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Act. |
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�������SECTION�6.��This Act takes effect September 1, 2009. |
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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.�1803 passed the Senate on |
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May�12,�2009, by the following vote:��Yeas�31, 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.�1803 passed the House on |
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May�27,�2009, by the following vote:��Yeas�148, Nays�0, one |
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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 |