The proposed bill, S.B. No. 315, establishes a property right in an individual's DNA by adding Chapter 3 to Title 1 of the Property Code. It defines key terms such as "DNA," "DNA sample," "genetic characteristic," and "genetic test." The bill asserts that individuals have exclusive property rights over their unique DNA, prohibiting the collection, testing, retention, alteration, sale, or transfer of DNA samples without informed, written consent from the individual or their legal representative. However, there are exceptions for specific circumstances, including medical diagnosis, law enforcement, and research, among others.

Additionally, the bill introduces civil penalties for violations of these rights, allowing the attorney general to seek injunctive relief and recover attorney's fees. A criminal penalty is also established, classifying violations of the property rights in DNA as a Class A misdemeanor if committed with criminal negligence. The provisions of this chapter will not apply to DNA samples collected before the effective date of the Act, which is set for September 1, 2025.

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