H.B. No. 2545
 
 
 
AN ACT
relating to an individual's genetic data, including the use of that
data by certain genetic testing companies for commercial purposes
and the individual's property right in DNA; authorizing a civil
penalty.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subtitle A, Title 11, Business & Commerce Code,
is amended by adding Chapter 503A to read as follows:
CHAPTER 503A. DIRECT-TO-CONSUMER GENETIC TESTING COMPANIES; RIGHTS
REGARDING DNA
       Sec. 503A.001.  DEFINITIONS. In this chapter:
             (1)  "Biological sample" means a material part of the
human body, or a discharge or derivative part of the body, including
tissue, blood, urine, or saliva that is known to contain DNA.
             (2)  "Deidentified data" means data not reasonably
linked to and that cannot reasonably be used to infer information
about an identifiable individual.
             (3)  "Direct-to-consumer genetic testing company"
means an entity that:
                   (A)  offers genetic testing products or services
directly to individuals as consumers of those products or services;
or
                   (B)  collects, uses, or analyzes genetic data
that:
                         (i)  results from a direct-to-consumer
genetic testing product or service; and
                         (ii)  an individual rather than a health
care provider provides to the entity.
             (4)  "DNA" means deoxyribonucleic acid.
             (5)  "Express consent" means an individual's
affirmative response to a clear and meaningful notice regarding the
collection, use, or disclosure of genetic data for a specific
purpose.
             (6)  "Genetic data" means any data, regardless of
format, concerning an individual's genetic characteristics. The
term:
                   (A)  includes:
                         (i)  raw sequence data derived from
sequencing all or a portion of an individual's extracted DNA;
                         (ii)  genotypic and phenotypic information
obtained from analyzing an individual's raw sequence data; and
                         (iii)  health information regarding the
health conditions that an individual self-reports to a company and
that the company:
                               (a)  uses for scientific research or
product development; and
                               (b)  analyzes in connection with the
individual's raw sequence data; and
                   (B)  does not include deidentified data.
             (7)  "Genetic testing" means a laboratory test of an
individual's complete DNA, regions of DNA, chromosomes, genes, or
gene products to determine the presence of the individual's genetic
characteristics.
             (8)  "Person" means an individual, partnership,
corporation, association, business, or business trust or the legal
representative of an organization.
       Sec. 503A.002.  APPLICABILITY. (a) This chapter applies to
a direct-to-consumer genetic testing company that:
             (1)  offers its products or services to individuals who
are residents of this state; or
             (2)  collects, uses, or analyzes genetic data that:
                   (A)  results from the company's products or
services; and
                   (B)  was provided to the company by an individual
who is a resident of this state rather than by or at the direction of
a health care provider.
       (b)  This chapter does not apply to:
             (1)  an

Statutes affected:
Introduced: ()
House Committee Report: ()
Engrossed: ()
Senate Committee Report: ()
Enrolled: ()