HBA-GUM S.B. 673 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 673
By: Moncrief
Public Health
5/7/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, approximately 59,000 Americans need some type of organ
transplant.  Local and regional organizations have been effective in
encouraging organ, eye, and tissue donation for transplantations. A
statewide campaign may further encourage such organ donations by educating
the public on the benefits of anatomical gifts.  S.B. 673 creates an
anatomical gift program to educate the public regarding laws governing
organ, eye, and tissue donation, the procedures for becoming a donor or
donee, and the benefits of organ donation.  This bill provides that the
program is funded through a voluntary fee of one dollar added to new and
renewal drivers licenses or personal identification applications.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 2, Health and Safety Code, by adding
Chapter 46, as follows: 

CHAPTER 46.  ANATOMICAL GIFT EDUCATIONAL PROGRAM

Sec. 46.001.  DEVELOPMENT AND IMPLEMENTATION OF PROGRAM.  (a)  Requires the
Texas Department of Health (TDH) to develop a program to educate residents
about anatomical gifts (program).  Requires the program to include
information about the laws governing anatomical gifts, the procedures for
becoming an organ donor or donee, and the benefits of organ donation. 

(b)  Requires TDH to solicit broad-based input reflecting recommendations
of the interested groups, including representatives of patients, providers,
ethnic groups, and geographic regions in developing the program. 

(c)  Requires TDH to implement the program only to the extent that funds
are available from Section 521.421(g) (relating to a license fee to fund
the anatomical gift program) or 521.422(c) (relating to a personal
identification card fee to fund the program), Transportation Code. 

SECTION 2.  Amends Section 521.421, Transportation Code, by adding
Subsection (g), as follows: 

(g)  Requires the Department of Public Safety of the State of Texas (DPS)
to collect an additional fee of  one dollar for the issuance or renewal of
a license to fund the program established under Chapter 46, Health and
Safety Code (Anatomical Gift Education Program), if the person applying for
or renewing a license opts to pay the additional fee.  Requires DPS to
remit fees collected under this subsection to the comptroller of public
accounts (comptroller).  Requires the comptroller to maintain the identity
of the source of the fees. 

SECTION 3.  Amends Section 521.422, Transportation Code, by adding
Subsection (c), as follows: 

 (c)  Requires DPS to collect an additional fee of one dollar for the
issuance or renewal of a personal identification card to fund the program
established under Chapter 46 (Anatomical Gift Educational Program), Health
and Safety Code, if the person applying for or renewing a personal
identification card opts to pay the additional fee.  Makes conforming
changes. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment No. 1 inserts "eye, or tissue" in proposed Section 46.001(a),
Subtitle B, Title 2, Health and Safety Code, to require the anatomical gift
educational program to include information about the procedures for
becoming an organ, eye, or tissue donor or donee, and the benefits of
organ, eye, or tissue donation.