S.B. No. 315 establishes a property right in an individual's DNA by adding Chapter 3 to the Property Code. This chapter defines key terms related to DNA, such as "DNA sample," "genetic characteristic," and "genetic test." It asserts that individuals have exclusive property rights over their unique DNA, prohibiting the collection, testing, retention, alteration, or transfer of DNA samples without informed, written consent from the individual or their legal representative. However, exceptions are made for DNA samples collected for emergency medical treatment, paternity determination, law enforcement purposes, or other similar uses as defined by law.
The bill also introduces civil penalties for violations of these rights, allowing the state to impose fines based on the profits gained from unauthorized use of DNA. The attorney general is empowered to seek civil penalties and injunctive relief against violators. Additionally, a criminal offense is established for individuals who, with criminal negligence, violate the provisions regarding DNA rights, classifying such an offense as a Class A misdemeanor. The law 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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