85R7950 AJZ-F     By: Villalba H.B. No. 1938       A BILL TO BE ENTITLED   AN ACT   relating to certain registrations for the anatomical gift registry.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 502.189(b), Transportation Code, is   amended to read as follows:          (b)  The department shall make available for distribution to   each office authorized to issue motor vehicle registrations Donate   Life brochures that provide basic donor information in English and   Spanish and a contact phone number and e-mail address.  The   department shall ensure that the question provided in Section   521.401(c-1) [521.401(c)(1)(B)] and information on the donor   registry Internet website is included with registration renewal   notices.          SECTION 2.  Sections 521.401(c), (c-1), and (e),   Transportation Code, are amended to read as follows:          (c)  Donor registry information shall be provided to the   department and the Texas Department of Transportation by organ   procurement organizations, tissue banks, or eye banks, as those   terms are defined in Section 692A.002, Health and Safety Code, or by   the Glenda Dawson Donate Life-Texas Registry operated under Chapter   692A, Health and Safety Code. The department, with expert input and   support from the nonprofit organization administering the Glenda   Dawson Donate Life-Texas Registry, shall:                (1)  provide to each applicant for the issuance of an   original, renewal, corrected, or duplicate driver's license or   personal identification certificate who applies in person, by mail,   over the Internet, or by other electronic means:                      (A)  if the applicant is younger than 18 years of   age:                             (i)  the opportunity to indicate on the   person's driver's license or personal identification certificate   that the person is willing to make an anatomical gift, in the event   of death, in accordance with Section 692A.005, Health and Safety   Code; and                            (ii) [(B)] an opportunity for the person to   consent to inclusion in the statewide Internet-based registry of   organ, tissue, and eye donors and release to procurement   organizations in the manner provided by Subsection (c-1); and                      (B)  if the applicant is 18 years of age or older:                             (i)  the opportunity to refuse to indicate   on the person's driver's license or personal identification   certificate that the person is willing to make an anatomical gift,   in the event of death, in accordance with Section 692A.005, Health   and Safety Code; and                            (ii)  an opportunity for the person to   refuse to consent to inclusion in the statewide Internet-based   registry of organ, tissue, and eye donors and release to   procurement organizations in the manner provided by Subsection   (c-1); and                (2)  provide a means to distribute donor registry   information to interested individuals in each office authorized to   issue driver's licenses or personal identification certificates.          (c-1)  The department shall:                (1)  for an applicant younger than 18 years of age:                       (A)  specifically ask each applicant only the   question, "Would you like to register as an organ donor?"; and                      (B) [(2)]  if the applicant responds   affirmatively to the question asked under Paragraph (A)    [Subdivision (1)], provide the person's name, date of birth,   driver's license number, most recent address, and other information   needed for identification purposes at the time of donation to the   nonprofit organization contracted to maintain the statewide donor   registry under Section 692A.020, Health and Safety Code, for   inclusion in the registry; and                (2)  for an applicant who is 18 years of age or older:                      (A)  specifically ask each applicant the   question, "Would you like to refuse to join the organ donor   registry?" and state, "If you answer 'no' to the previous question   or do not answer the previous question, you consent to join the   organ donor registry by performing either of those actions."; and                      (B)  if the applicant does not affirmatively   refuse to be included in the registry under Paragraph (A), provide   the person's name, date of birth, driver's license number, most   recent address, and other information needed for identification   purposes at the time of donation to the nonprofit organization   contracted to maintain the statewide donor registry under Section   692A.020, Health and Safety Code, for inclusion in the registry.          (e)  The department shall distribute at all field offices   Donate Life brochures that provide basic donation information in   English and Spanish and include a contact phone number and e-mail   address.  The department shall include the question required under   Subsection (c-1) [(c)(1)(B)] and information on the donor registry   Internet website in renewal notices.          SECTION 3.  Section 692A.005(a), Health and Safety Code, is   amended to read as follows:          (a)  A donor may make an anatomical gift:                (1)  on inclusion in the Glenda Dawson Donate   Life-Texas Registry, as demonstrated by [authorizing] a statement   or symbol indicating that the donor has made an anatomical gift [to   be] imprinted on the donor's driver's license or identification   card in the manner described by Section 521.401, Transportation   Code;                (2)  in a will;                (3)  during a terminal illness or injury of the donor,   by any form of communication addressed to at least two adults, at   least one of whom is a disinterested witness; or                (4)  as provided in Subsection (b).          SECTION 4.  Section 692A.007(a), Health and Safety Code, is   amended to read as follows:          (a)  An individual may refuse to make an anatomical gift of   the individual's body or part by:                (1)  a record signed by:                      (A)  the individual; or                      (B)  subject to Subsection (b), another   individual acting at the direction of the individual if the   individual is physically unable to sign;                (2)  the individual's will, whether or not the will is   admitted to probate or invalidated after the individual's death;   [or]                (3)  any form of communication made by the individual   during the individual's terminal illness or injury addressed to at   least two adults, at least one of whom is a disinterested witness;   or                (4)  the individual's application for an original,   renewal, corrected, or duplicate driver's license or personal   identification certificate, in the manner described by Section   521.401, Transportation Code, if the individual is 18 years of age   or older.          SECTION 5.  The changes in law made by this Act apply only to   a driver's license or personal identification certificate for which   an application is submitted on or after the effective date of this   Act.  A driver's license or personal identification certificate for   which an application was submitted before the effective date of   this Act is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 6.  This Act takes effect September 1, 2017.