Bill Caption

Relating to restrictions on the use and disclosure of certain genetic materials and genetic information; providing a civil penalty; creating a criminal offense. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

SB 962 would require a person to receive informed consent before obtaining genetic material or genetic information, performing a genetic test or any other analysis or test of the individual which requires their genetic material, retainining an individual's genetic material or information, or disclosing the individual's material or information. 

SB 962 would outline what information the informed consent form must disclose. The bill would not apply to genetic material or information that is disclosed to the individual, obtained for clinical laboratory use, disclosed as part of an authorized research project in which identity would be de-identified, or obtained or otherwise necessary for various governmental roles, or that which was made public by the individual.

SB 962 would require physicians to continue to obtain informed consent for gathering genetic material for analysis and to destroy that material after use unless it is necessary for a permitted use or specifically authorized by the individual. SB 962 would allow individuals or their representatives to inspect, correct, or obtain the individual's genetic material or genetic information. 

SB 962 would create a criminal penalty for violators of a Class A misdemeanor punishable for a first violation fine of between $3,000 and $4,000 and each subsequent violation between $4,000 and $10,000. Each day the violation occurs is considered a separate violation. SB 962 would remove governmental immunity from a suit and liability for violators and provide private rights of action, injunctive relief, and a civil penalty. 

Vote Recommendation Notes

SB 962 represents a valid form of government regulation designed to protect citizens of this state from having their genetic information used for reasons that they have not expressly consented to. While many companies already have options that address the majority of issues in this bill, some do not. SB 962 removes the qualified immunity of government entities and ensures that everyone collecting DNA material plays by the same rules while protecting individuals by ensuring informed consent is given before DNA material is used for a purpose other than what the individual intended. 

SB 962 benefits the principles of individual liberty, personal responsibility, and limited government. Since the use of each individual's DNA material for an unauthorized purpose would create a separate violation, we are cautious of the possibility of compounding penalties if an entity is convicted of multiple infractions but do not believe it would create an expansion of friviouls lawsuits. Texas Action supports SB 962.