Texas Health and Safety Code 692A.020 – Glenda Dawson Donate Life-Texas Registry; Education Program
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(a) A nonprofit organization designated by the Department of Public Safety shall maintain and administer a statewide donor registry, to be known as the Glenda Dawson Donate Life-Texas Registry.
(b) The nonprofit organization administering the registry must include representatives from each organ procurement organization in this state.
Terms Used In Texas Health and Safety Code 692A.020
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
- Week: means seven consecutive days. See Texas Government Code 311.005
(c) The nonprofit organization shall establish and maintain a statewide Internet-based registry of organ, tissue, and eye donors.
(d) The Department of Public Safety at least monthly shall electronically transfer to the nonprofit organization administering the registry the name, date of birth, driver’s license number, most recent address, and any other relevant information in the possession of the Department of Public Safety for any person who indicates on the person’s driver’s license application under § 521.401, Transportation Code, that the person would like to make an anatomical gift.
(e) The nonprofit organization administering the registry shall:
(1) make information obtained from the Department of Public Safety under Subsection (d) available to procurement organizations;
(2) allow potential donors to submit information in writing directly to the organization for inclusion in the Internet-based registry;
(3) maintain the Internet-based registry in a manner that allows procurement organizations to immediately access organ, tissue, and eye donation information 24 hours a day, seven days a week through electronic and telephonic methods; and
(4) protect the confidentiality and privacy of the individuals providing information to the Internet-based registry, regardless of the manner in which the information is provided.
(f) Except as otherwise provided by Subsection (e)(3) or this subsection, the Department of Public Safety, the nonprofit organization administering the registry, or a procurement organization may not sell, rent, or otherwise share any information provided to the Internet-based registry. A procurement organization may share any information provided to the registry with an organ procurement organization or a health care provider or facility providing medical care to a potential donor as necessary to properly identify an individual at the time of donation.
(g) The Department of Public Safety, the nonprofit organization administering the registry, or the procurement organizations may not use any demographic or specific data provided to the Internet-based registry for any fund-raising activities. Data may only be transmitted from the selected organization to procurement organizations through electronic and telephonic methods using secure, encrypted technology to preserve the integrity of the data and the privacy of the individuals providing information.
(h) In each office authorized to issue driver’s licenses or personal identification certificates, the Department of Public Safety shall make available educational materials developed by the nonprofit organization administering the registry.
(i) The Glenda Dawson Donate Life-Texas Registry fund is created as a trust fund outside the state treasury to be held by the comptroller and administered by the Department of Public Safety as trustee on behalf of the statewide donor registry maintained for the benefit of the citizens of this state. The fund is composed of money deposited to the credit of the fund under Sections 502.405(b), 521.008, and 522.0295, Transportation Code, as provided by those sections. Money in the fund shall be disbursed at least monthly, without appropriation, to the nonprofit organization administering the registry to pay the costs of:
(1) maintaining, operating, and updating the Internet-based registry and establishing procedures for an individual to be added to the registry;
(2) designing and distributing educational materials for prospective donors as required under this section; and
(3) providing education under this chapter.
(j) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 121, Sec. 6(a), eff. May 18, 2013.
(k) To the extent funds are available and as part of the donor registry program, the nonprofit organization administering the registry may educate residents about anatomical gifts. The education provided under this section shall include information about:
(1) the laws governing anatomical gifts, including Subchapter Q, Chapter 521, Transportation Code, Chapter 693, and this chapter;
(2) the procedures for becoming an organ, eye, or tissue donor or donee; and
(3) the benefits of organ, eye, or tissue donation.
(l) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 121, Sec. 6(a), eff. May 18, 2013.
(m) The nonprofit organization administering the registry may:
(1) implement a training program for all appropriate Department of Public Safety and Texas Department of Transportation employees on the benefits of organ, tissue, and eye donation and the procedures for individuals to be added to the Internet-based registry; and
(2) conduct the training described by Subdivision (1) on an ongoing basis for new employees.
(n) The nonprofit organization administering the registry may develop a program to educate health care providers and attorneys in this state about anatomical gifts.
(o) The nonprofit organization administering the registry shall encourage:
(1) attorneys to provide organ donation information to clients seeking advice for end-of-life decisions;
(2) medical and nursing schools in this state to include mandatory organ donation education in the schools’ curricula; and
(3) medical schools in this state to require a physician in a neurology or neurosurgery residency program to complete an advanced course in organ donation education.
(p) The nonprofit organization administering the registry may not use the registry to solicit voluntary donations of money from a registrant.
(q) Except as provided by Subsection (p), the nonprofit organization administering the registry may accept voluntary donations of money and perform fund-raising on behalf of the registry for the purpose of supporting registering donors.