reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.603. Fee Imposed

Sec. 161.603.  FEE IMPOSED.  (a)  A fee is imposed on the sale, use, consumption, or distribution in this state of:
(1)  non-settling manufacturer cigarettes if a stamp is required to be affixed to a package of those cigarettes under Section 154.041, Tax Code;
(2)  non-settling manufacturer cigarettes that are sold, purchased, or distributed in this state but that are not required to have a stamp affixed to a package of those cigarettes under Chapter 154, Tax Code;
(3)  non-settling manufacturer cigarette tobacco products that are subject to the tax imposed by Section 155.0211, Tax Code; and
(4)  non-settling manufacturer cigarette tobacco products that are sold, purchased, or distributed in this state but that are not subject to the tax imposed by Section 155.0211, Tax Code.
(b)  The fee imposed by this section does not apply to cigarettes or cigarette tobacco products that a settling manufacturer claims as its own, and that are included in computing payments to be made by that settling manufacturer, under the tobacco settlement agreement described by Section 161.602(15)(A).
(c)  The fee imposed by this section does not apply to cigarettes or cigarette tobacco products that are sold into another state for resale to consumers outside of this state, provided that the sale is reported to the state into which the cigarettes are sold under 15 U.S.C. Section 376.
(d)  The fee imposed by this section is in addition to any other privilege, license, fee, or tax required or imposed by state law.
(e)  Except as otherwise provided by this subchapter, the fee imposed by this section is imposed, collected, paid, administered, and enforced in the same manner as the taxes imposed by Chapter 154 or 155, Tax Code, as appropriate.
(f)  The fee imposed by this section shall be collected only once on each cigarette or cigarette tobacco product on which it is due.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.604. Rate of Fee

Sec. 161.604.  RATE OF FEE.  (a) For cigarettes or cigarette tobacco products sold, used, consumed, or distributed in this state, as provided by Section 161.603, during the 2013 calendar year, the fee is imposed at the rate of 2.75 cents for:
(1)  each non-settling manufacturer cigarette; and
(2)  each 0.09 ounces of non-settling manufacturer cigarette tobacco product described by Section 161.602(3).
(b)  Beginning in January 2014, and in January of each subsequent year, the comptroller shall adjust the rate of the fee by increasing the rate in effect on the date the adjustment is made by the greater of:
(1)  three percent; or
(2)  the actual total percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), as published by the Bureau of Labor Statistics of the United States Department of Labor, during the preceding calendar year, calculated by comparing the CPI-U for December of the preceding calendar year with the CPI-U for December a year earlier.
(b-1)  The adjusted rate of the fee determined under Subsection (b) takes effect on February 1 of the year in which the adjusted rate is determined and remains in effect until January 31 of the following year.
(c)  Notwithstanding Subsection (a), the rate of the fee on the cigarettes and cigarette tobacco products of a subsequent participating manufacturer shall, for calendar months beginning before the effective date of a credit amendment, be calculated by substituting 0.75 cents for 2.75 cents in Subsection (a).  For calendar months beginning on or after the effective date of a credit amendment, the rate of the fee on the cigarettes and cigarette tobacco products of subsequent participating manufacturers shall be the same as the rate that applies for those months to the cigarettes of non-settling manufacturers who are not subsequent participating manufacturers.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 33 (S.B. 1390), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.606. Report to Attorney General Before Offering Non-Settling Manufacturer Cigarettes or Cigarette Tobacco Products for Sale or Distribution in This State

Sec. 161.606.  REPORT TO ATTORNEY GENERAL BEFORE OFFERING NON-SETTLING MANUFACTURER CIGARETTES OR CIGARETTE TOBACCO PRODUCTS FOR SALE OR DISTRIBUTION IN THIS STATE.  (a)  If cigarettes or cigarette tobacco products of a non-settling manufacturer were not offered for sale or distribution in this state on September 1, 2013, the non-settling manufacturer shall, before the date the cigarettes or cigarette tobacco products are offered for sale or distribution in this state, provide to the attorney general on a form prescribed by the attorney general:
(1)  the non-settling manufacturer's complete name, address, and telephone number;
(2)  the date that the non-settling manufacturer will begin offering cigarettes or cigarette tobacco products for sale or distribution in this state;
(3)  the names of the brand families of the cigarettes or cigarette tobacco products that the non-settling manufacturer will offer for sale or distribution in this state;
(4)  a statement that the non-settling manufacturer intends to comply with this subchapter; and
(5)  the name, address, telephone number, and signature of an officer of the non-settling manufacturer attesting to all of the included information.
(b)  The attorney general shall make the information provided under this section available to the comptroller.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.607. Penalties for Noncompliance

Sec. 161.607.  PENALTIES FOR NONCOMPLIANCE.  Cigarettes and cigarette tobacco products of a non-settling manufacturer that are sold, used, consumed, or distributed in this state in violation of this subchapter, including cigarettes and cigarette tobacco products for which full payment of the fee imposed under Section 161.603 is not made, shall be treated as cigarettes or cigarette tobacco products for which the tax assessed by Chapter 154 or 155, Tax Code, as appropriate, has not been paid, and the distributor or non-settling manufacturer is subject to all penalties imposed by those chapters for violations of those chapters.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.608. Appointment of Agent for Service of Process

Sec. 161.608.  APPOINTMENT OF AGENT FOR SERVICE OF PROCESS.  A non-settling manufacturer shall appoint and engage a resident agent for service of process.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.609. Audit or Inspection

Sec. 161.609.  AUDIT OR INSPECTION.  The comptroller or attorney general is entitled to conduct reasonable periodic audits or inspections of the financial records of a non-settling manufacturer and its distributors to ensure compliance with this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
Sec. 161.610.  COMPTROLLER INFORMATION SHARING.  On request, the comptroller shall report annually to the independent auditor or other entities responsible for making calculations or other determinations under a tobacco settlement agreement or the master settlement agreement, as the master settlement agreement may be amended or supplemented by some or all of the parties thereto, the volume of cigarettes on which the fee required under Section 161.603 is paid, itemized by cigarette manufacturer and brand family.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.611. Revenue Deposited in General Revenue Fund

Sec. 161.611.  REVENUE DEPOSITED IN GENERAL REVENUE FUND.  The revenue from the fees imposed by this subchapter shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.612. Released Claims

Sec. 161.612.  RELEASED CLAIMS.  All fees paid by a manufacturer under this subchapter shall apply on a dollar for dollar basis to reduce any judgment or settlement on a released claim brought against the manufacturer that made the payment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.613. Application of Subchapter

Sec. 161.613.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter applies without regard to Section 154.022, Tax Code, or any other law that might be read to create an exemption for interstate sales.
(b)  This subchapter does not apply to a tobacco product described by Section 155.001(15)(C), Tax Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.614. Rules

Sec. 161.614.  RULES.  The comptroller may issue rules and regulations as necessary to carry out or enforce this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter W. Information Regarding Down Syndrome › Section 161.651. Definitions

Sec. 161.651.  DEFINITIONS.  In this subchapter:
(1)  "Down syndrome" means a chromosomal condition caused by the presence of an extra whole or partial copy of chromosome 21.
(2)  "Health care provider" has the meaning assigned by Section 34.001 and includes a genetic counselor.
Added by Acts 2015, 84th Leg., R.S., Ch. 811 (H.B. 3374), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter W. Information Regarding Down Syndrome › Section 161.652. Information Regarding Down Syndrome

Sec. 161.652.  INFORMATION REGARDING DOWN SYNDROME.  (a)  The department shall make available information regarding Down syndrome that includes:
(1)  information addressing physical, developmental, educational, and psychosocial outcomes, life expectancy, clinical course, and intellectual and functional development for individuals with Down syndrome;
(2)  information regarding available treatment options for individuals with Down syndrome;
(3)  contact information for national and local Down syndrome education and support programs, services, and organizations, including organizations in Houston, Dallas, San Antonio, and Austin, and information hotlines, resource centers, and clearinghouses; and
(4)  any other information required by the department.
(b)  The information described by Subsection (a) must be:
(1)  current, evidence-based information that:
(A)  has been reviewed by medical experts and local Down syndrome organizations; and
(B)  does not explicitly or implicitly present pregnancy termination as an option when a prenatal test indicates that the unborn child has Down syndrome; and
(2)  published in English and Spanish.
(c)  The department shall make the information described by Subsection (a) available on the department's Internet website in a format that may be easily printed. The department may provide the information described by Subsection (a) in writing to health care providers if the department determines that providing written information is cost-effective.
Added by Acts 2015, 84th Leg., R.S., Ch. 811 (H.B. 3374), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter W. Information Regarding Down Syndrome › Section 161.653. Duty of Health Care Provider

Sec. 161.653.  DUTY OF HEALTH CARE PROVIDER.  (a)  A health care provider who administers or causes to be administered a test for Down syndrome or who initially diagnoses a child with Down syndrome shall provide the information described by Section 161.652 to:
(1)  expectant parents who receive a prenatal test result indicating a probability or diagnosis that the unborn child has Down syndrome; or
(2)  a parent of a child who receives:
(A)  a test result indicating a probability or diagnosis that the child has Down syndrome; or
(B)  a diagnosis of Down syndrome.
(b)  In addition to providing the information described by Subsection (a), a health care provider may provide additional information about Down syndrome that is current and evidence-based and has been reviewed by medical experts and national Down syndrome organizations.
(c)  Notwithstanding any other law, this section does not impose a standard of care or create an obligation or duty that provides a basis for a cause of action against a health care provider. A health care provider may not be held civilly or criminally liable for failing to provide information as required by Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 811 (H.B. 3374), Sec. 1, eff. September 1, 2015.
Subchapter X, consisting of Sec. 161.681, was added by Acts 2023, 88th Leg., R.S., Ch. 819 (H.B. 1649), Sec. 1.
For another Subchapter X, consisting of Secs. 161.701 to 161.706, added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, see Sec. 161.701 et seq., post.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter X. Information Regarding Risk of Impaired Fertility From Cancer Treatments › Section 161.681. Notice for Children Receiving Chemotherapy or Radiation

Sec. 161.681.  NOTICE FOR CHILDREN RECEIVING CHEMOTHERAPY OR RADIATION.  (a)  A health care facility at which a child will begin receiving chemotherapy or radiation that may directly or indirectly cause impaired fertility must, before the treatment begins, notify the child's parents or legal guardians of the risk of impaired fertility from treatment.
(b)  The department shall develop and make available a written notice for a health care facility to use for purposes of this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 819 (H.B. 1649), Sec. 1, eff. September 1, 2023.
Subchapter X, consisting of Secs. 161.701 to 161.706, was added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2.
For another Subchapter X, consisting of Sec. 161.681, added by Acts 2023, 88th Leg., R.S., Ch. 819 (H.B. 1649), Sec. 1, see Sec. 161.681 et seq., post.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter X. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children › Section 161.701. Definitions

Sec. 161.701.  DEFINITIONS.  In this subchapter:
(1)  "Child" means an individual who is younger than 18 years of age.
(2)  "Health care provider" means a person other than a physician who is licensed, certified, or otherwise authorized by this state's laws to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession.
(3)  "Medicaid" means the medical assistance program established under Chapter 32, Human Resources Code.
(4)  "Physician" means a person licensed to practice medicine in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter X. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children › Section 161.702. Prohibited Provision of Gender Transitioning or Gender Reassignment Procedures and Treatments to Certain Children

Sec. 161.702.  PROHIBITED PROVISION OF GENDER TRANSITIONING OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN.  For the purpose of transitioning a child's biological sex as determined by the sex organs, chromosomes, and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, a physician or health care provider may not knowingly:
(1)  perform a surgery that sterilizes the child, including:
(A)  castration;
(B)  vasectomy;
(C)  hysterectomy;
(D)  oophorectomy;
(E)  metoidioplasty;
(F)  orchiectomy;
(G)  penectomy;
(H)  phalloplasty; and
(I)  vaginoplasty;
(2)  perform a mastectomy;
(3)  provide, prescribe, administer, or dispense any of the following prescription drugs that induce transient or permanent infertility:
(A)  puberty suppression or blocking prescription drugs to stop or delay normal puberty;
(B)  supraphysiologic doses of testosterone to females; or
(C)  supraphysiologic doses of estrogen to males; or
(4)  remove any otherwise healthy or non-diseased body part or tissue.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter X. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children › Section 161.703. Exceptions

Sec. 161.703.  EXCEPTIONS.  (a)  Section 161.702 does not apply to the provision by a physician or health care provider, with the consent of the child's parent or legal guardian, of:
(1)  puberty suppression or blocking prescription drugs for the purpose of normalizing puberty for a minor experiencing precocious puberty; or
(2)  appropriate and medically necessary procedures or treatments to a child who:
(A)  is born with a medically verifiable genetic disorder of sex development, including:
(i)  46,XX chromosomes with virilization;
(ii)  46,XY chromosomes with undervirilization; or
(iii)  both ovarian and testicular tissue; or
(B)  does not have the normal sex chromosome structure for male or female as determined by a physician through genetic testing.
(b)  Section 161.702 does not apply to the provision of a prescription drug to a child that is otherwise prohibited by that section if:
(1)  the prescription drug is part of a continuing course of treatment that the child began before June 1, 2023; and
(2)  the child attended 12 or more sessions of mental health counseling or psychotherapy during a period of at least six months before the date the course of treatment described by Subdivision (1) began.
(c)  A child to whom the exception under Subsection (b) applies:
(1)  shall wean off the prescription drug over a period of time and in a manner that is safe and medically appropriate and that minimizes the risk of complications; and
(2)  may not switch to or begin a course of treatment on another prescription drug that a physician or health care provider is prohibited from providing to the child under Section 161.702 or otherwise receive a procedure or treatment prohibited by that section.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter X. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children › Section 161.704. Prohibited Use of Public Money

Sec. 161.704.  PROHIBITED USE OF PUBLIC MONEY.  Public money may not directly or indirectly be used, granted, paid, or distributed to any health care provider, medical school, hospital, physician, or any other entity, organization, or individual that provides or facilitates the provision of a procedure or treatment to a child that is prohibited under Section 161.702.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter X. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children › Section 161.705. Prohibited State Health Plan Reimbursement

Sec. 161.705.  PROHIBITED STATE HEALTH PLAN REIMBURSEMENT.  The commission may not provide Medicaid reimbursement and the child health plan program established by Chapter 62 may not provide reimbursement to a physician or health care provider for provision of a procedure or treatment to a child that is prohibited under Section 161.702.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter X. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children › Section 161.706. Attorney General Enforcement

Sec. 161.706.  ATTORNEY GENERAL ENFORCEMENT.  (a)  If the attorney general has reason to believe that a person is committing, has committed, or is about to commit a violation of Section 161.702, the attorney general may bring an action to enforce this subchapter to restrain or enjoin the person from committing, continuing to commit, or repeating the violation.
(b)  Venue for an action brought under this section is in a district court of Travis County or the county where the violation occurred or is about to occur.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.001. Definitions

Sec. 162.001.  DEFINITIONS.  In this chapter:
(1)  "Blood bank" means a facility that obtains blood from voluntary donors, as that term is defined by the United States Food and Drug Administration, the AABB (formerly known as the American Association of Blood Banks), and the American Red Cross Blood Services and that is registered or licensed by the Center for Biologics Evaluation and Research of the United States Food and Drug Administration and accredited by the AABB or the American Red Cross Blood Services, or is qualified for membership in the American Association of Tissue Banks.  The term includes a blood center, regional collection center, tissue bank, and transfusion service.
(2)  "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
(3)  "HIV" means human immunodeficiency virus.
(4)  "Adult stem cell" means an undifferentiated cell that is:
(A)  found in differentiated tissue; and
(B)  able to renew itself and differentiate to yield all or nearly all of the specialized cell types of the tissue from which the cell originated.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.08(a), eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0486, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 992 (H.B. 177), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.002. Required Testing of Blood

Sec. 162.002.  REQUIRED TESTING OF BLOOD.  (a)  For each donation of blood, a blood bank shall require the donor to submit to tests for communicable diseases, including tests for AIDS, HIV, or hepatitis, and serological tests for contagious venereal diseases.
(b)  A blood bank is not required to obtain the donor's informed consent before administering tests for infectious diseases and is not required to provide counseling concerning the test results.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0487, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.003. Confidentiality of Blood Bank Records

Sec. 162.003.  CONFIDENTIALITY OF BLOOD BANK RECORDS.  The medical and donor records of a blood bank are confidential and may not be disclosed except as provided by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.004. Disclosure Required by Law

Sec. 162.004.  DISCLOSURE REQUIRED BY LAW.  A blood bank shall disclose all information required by law, including HIV test results, to:
(1)  the department and a local health authority as required under Chapter 81 (Communicable Disease Prevention and Control Act);
(2)  the Centers for Disease Control and Prevention of the United States Public Health Service, as required by federal law or regulation; or
(3)  any other local, state, or federal entity, as required by law, rule, or regulation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0488, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.005. Disclosure to Certain Physicians or Person Tested

Sec. 162.005.  DISCLOSURE TO CERTAIN PHYSICIANS OR PERSON TESTED.  A blood bank shall disclose blood test results and the name of the person tested to:
(1)  the physician or other person authorized by law who ordered the test;
(2)  the physician attending the person tested;  or
(3)  the person tested or a person legally authorized to consent to the test on behalf of the person tested.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.006. Disclosure to Other Blood Banks

Sec. 162.006.  DISCLOSURE TO OTHER BLOOD BANKS.  (a)  A blood bank may report to other blood banks the name of a donor with a possible communicable disease according to positive blood test results.
(b)  A blood bank that reports a donor's name to other blood banks under this section may not disclose the communicable disease that the donor has or is suspected of having.
(c)  A blood bank that reports as provided by this section does not breach a confidence arising out of any confidential relationship.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0489, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.007. Report to Recipient or Transfuser

Sec. 162.007.  REPORT TO RECIPIENT OR TRANSFUSER.  (a)  A blood bank shall report blood test results for blood confirmed as HIV positive by the normal procedures blood banks presently use or found to be contaminated by any other communicable disease to:
(1)  the hospital or other facility in which the blood was transfused or provided;
(2)  the physician who transfused the infected blood; or
(3)  the recipient of the blood.
(b)  A blood bank may report blood test results for statistical purposes.
(c)  A blood bank that reports test results under this section may not disclose the name of the donor or person tested or any other information that could result in the disclosure of the donor's or person's identity, including an address, social security number, designated recipient, or replacement donation information.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0490, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.008. Procedures for Notifying Blood Recipients

Sec. 162.008.  PROCEDURES FOR NOTIFYING BLOOD RECIPIENTS.  Each hospital, physician, health agency, and other transfuser of blood shall strictly follow the official "Operation Look-Back" procedure of the American Association of Blood Banks or the American Red Cross Blood Services in notifying past and future recipients of blood.  The only exception to notifying a recipient of blood is if the recipient is dead or cannot be located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.08(b), eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.009. Provision of Blood Samples for Testing

Sec. 162.009.  PROVISION OF BLOOD SAMPLES FOR TESTING.  On request, a blood bank shall provide blood samples to hospitals, laboratories, and other blood banks for additional, repetitive, or different testing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.010. General Powers and Duties of Court

Sec. 162.010.  GENERAL POWERS AND DUTIES OF COURT.  (a)  After notice and hearing, a court of competent jurisdiction may require a blood bank to provide a recipient of blood from the blood bank with the results of tests of the blood of each donor of blood transfused into the recipient.  The court may also require the test results to be given to an heir, parent, or guardian of the recipient, or a personal representative of the recipient's estate. The test results must be given in accordance with Section 162.007.
(b)  If a blood bank fails to or cannot provide the test results as required under Subsection (a), the court may require the blood bank to use every reasonable effort, including any effort directed by the court, to locate any donor of the blood in question.  The court may require the blood bank to obtain from that donor a blood sample for testing and may direct the blood bank to provide blood test results, samples of the blood, or both, to an independent laboratory designated by the court for testing.  The results of the independent laboratory test must be made available to the recipient, an heir, parent, or guardian of the recipient, or the personal representative of the recipient's estate.
(c)  Section 162.002 applies if a blood bank requires a donor to provide a blood sample for testing under Subsection (b).
(d)  If a blood test result is positive or if the blood bank fails to or cannot provide a blood test result or blood sample as required under Subsection (b), the court may require the blood bank to provide any information that the court determines is necessary to satisfy the court that the blood bank has complied in all respects with this section and the court's order or has demonstrated every reasonable effort to comply.  The blood bank must provide the information to the judge of the court in camera and under seal.
(e)  The court may not disclose to any other person the name of a donor or any other information that could result in the disclosure of a donor's identity, including an address, social security number, designated recipient, or replacement donation information.  However, on the motion of any party, the court shall order the taking of the donor's deposition at a specified time and in a manner that maintains the donor's anonymity.
(f)  The court may not deny a party's attorney the right to orally cross-examine the donor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.011. Discovery Powers of Court

Sec. 162.011.  DISCOVERY POWERS OF COURT.  (a)  A court of competent jurisdiction shall exercise the discovery powers granted in this section on the motion of any party.  The court shall exercise the powers to the extent reasonably necessary to obtain information from or relating to a donor if that information:
(1)  is reasonably calculated to lead to the discovery of admissible evidence regarding any matter relevant to the subject matter of a pending proceeding;  and
(2)  cannot otherwise be obtained without threatening the disclosure of the name of a donor or other information that could result in the disclosure of a donor's identity, including an address, social security number, designated recipient, or replacement donation information.
(b)  This section does not apply to information obtainable under Section 162.010.
(c)  The court may:
(1)  order the deposition of any witness, including a donor, orally, on written questions and cross-questions propounded by the parties, or both;  and
(2)  compel the production of documents and things.
(d)  A subpoena issued to a donor under this section may be served only in person at the donor's residence address.  On a showing that service in person cannot be made at the donor's residence despite diligent efforts to do so, the court may order service on the donor at other places as directed by the court.
(e)  The court shall deliver to the parties all discoverable information obtained through the exercise of powers provided by this section, including testimony, documents, or things.  The court shall first delete from that information the name of any donor or any other information that could result in the disclosure of a donor's identity, including information described by Subsection (a)(2).  The court may substitute fictitious names, such as "John Doe," or make other changes as necessary to protect the confidentiality of the donor's identity in the information made available to the parties.
(f)  The court may not disclose confidential donor information to any person other than a person acting under Section 162.010(e) or (f).  That person may not disclose the information to others.
(g)  The exercise of the court's powers under this section is governed by the Texas Rules of Civil Procedure, except to the extent of any conflict with this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.012. Limitation on Liability

Sec. 162.012.  LIMITATION ON LIABILITY.  (a)  A donor who provides information or blood samples under Section 162.010 is immune from all liability arising out of the donation of the blood transfused into a recipient.
(b)  A blood bank is not liable for the disclosure of information to a court in accordance with an order issued under Sections 162.010(b)-(f).
(c)  A presumption of negligence or causation does not attach to a donor's positive test result if the test result is obtained after the donation of blood or blood components that is the subject of discovery as provided under Section 162.011.
(d)  Except as provided by Section 162.013 or 162.014, a person who negligently or intentionally discloses blood bank records in violation of this chapter is liable only for actual damages resulting from the negligent or intentional disclosure.
(e)  This chapter does not give rise to any liability under Subchapter E, Chapter 17, Business & Commerce Code (Deceptive Trade Practices-Consumer Protection Act).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.013. Civil Penalty

Sec. 162.013.  CIVIL PENALTY.  (a)  A person who is injured by a violation of Section 162.006, 162.007, 162.010, or 162.011 may bring a civil action for damages.  In addition, any person may bring an action to restrain such a violation or threatened violation.
(b)  If it is found in a civil action that a person has violated a section listed in Subsection (a), that person is liable for:
(1)  actual damages;
(2)  a civil penalty of not more than $1,000;  and
(3)  court costs and reasonable attorney's fees incurred by the person bringing the action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.014. Criminal Penalty

Sec. 162.014.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person discloses information in violation of Section 162.006, 162.007, 162.010, or 162.011.
(b)  An offense under this section is a Class C misdemeanor.
(c)  Each disclosure made in violation of Section 162.006 or 162.007 constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.015. Donation of Blood by Persons Younger Than 18 Years of Age

Sec. 162.015.  DONATION OF BLOOD BY PERSONS YOUNGER THAN 18 YEARS OF AGE.  A person who is 17 years of age may consent to the donation of the person's blood or blood components.  A person younger than 18 years of age may not receive any compensation from a blood bank for a donation of the person's blood or blood components.
Added by Acts 1993, 73rd Leg., ch. 160, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.016. Be a Blood Donor Account; Dedication

Sec. 162.016.  BE A BLOOD DONOR ACCOUNT; DEDICATION.  (a)  The be a blood donor account is a separate account in the general revenue fund.  The account is composed of:
(1)  money deposited to the credit of the account under Section 504.641, Transportation Code; and
(2)  gifts, grants, donations, and legislative appropriations.
(b)  The department administers the account.
(b-1)  The department may spend money credited to the account or money deposited to the associated trust fund account created under Section 504.6012, Transportation Code, only to:
(1)  make grants to nonprofit blood centers in this state for programs to recruit and retain volunteer blood donors; and
(2)  defray the cost of administering the account.
(c)  The department  may accept gifts, grants, and donations from any source for the benefit of the account.  The executive commissioner of the Health and Human Services Commission  by rule shall establish guidelines for spending money described by Subsection (b-1).
Added by Acts 2003, 78th Leg., ch. 1320, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0491, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.018. Brochure on Umbilical Cord Blood Options

Sec. 162.018.  BROCHURE ON UMBILICAL CORD BLOOD OPTIONS.  (a)  The executive commissioner shall prepare and update as necessary a brochure based on nationally accepted, peer reviewed, scientific research information regarding stem cells contained in the umbilical cord blood after delivery of an infant.  The information in the brochure must include:
(1)  the current and potential uses, risks, and benefits of stem cells contained in umbilical cord blood to a potential recipient of donated stem cells, including a biological family member, extended family member, or nonrelated individual;
(2)  the options available for future use or storage of umbilical cord blood after delivery of an infant, including:
(A)  discarding the stem cells;
(B)  donating the stem cells to a public umbilical cord blood bank;
(C)  storing the stem cells in a private family umbilical cord blood bank for use by immediate and extended family members; and
(D)  storing the stem cells for immediate and extended family use through a family or sibling donor banking program that provides free collection, processing, and storage when a medical need exists;
(3)  the medical process used to collect umbilical cord blood after delivery of an infant;
(4)  any risk associated with umbilical cord blood collection to the mother and the infant;
(5)  any costs that may be incurred by a pregnant woman who chooses to donate or store umbilical cord blood after delivery of the woman's infant; and
(6)  the average cost of public and private umbilical cord blood banking.
(b)  The department shall make the brochure available on the department's website and shall distribute the brochure on request to physicians or other persons permitted by law to attend a pregnant woman during gestation or at delivery of an infant.
Added by Acts 2007, 80th Leg., R.S., Ch. 104 (H.B. 709), Sec. 1, eff. May 17, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0492, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.019. Duty of Certain Professionals

Sec. 162.019.  DUTY OF CERTAIN PROFESSIONALS.  (a)  Except as otherwise provided by this section, a physician or other person permitted by law to attend a pregnant woman during gestation or at delivery of an infant shall provide the woman with the brochure described in Section 162.018 before the third trimester of the woman's pregnancy or as soon as reasonably feasible.
(b)  A person described in Subsection (a) who attends a pregnant woman during delivery of her infant shall permit the mother to arrange for umbilical cord blood storage or donation if the mother requests unless, in the opinion of the person, the donation threatens the health of the mother or her infant.
(c)  A person described by Subsection (a) is not required to distribute the brochure under Subsection (a) or to permit for the arrangement of umbilical cord blood storage or donation under Subsection (b) if the action conflicts with the person's religious beliefs and the person makes this fact known to the mother as soon as reasonably feasible.
(d)  A person described by Subsection (a) is not required to distribute the brochure under Subsection (a) while treating the pregnant woman for an emergency condition or when the mother presents in labor and delivers the infant during that presentation.
(e)  A person described by Subsection (a) is not required to distribute the brochure under Subsection (a) if the woman provides the person with a written statement that she chooses to view the materials on the website described by Section 162.018(b).
(f)  A person described by Subsection (a) who fails to distribute the brochure is not subject to discipline by the appropriate licensing agency and a cause of action is not created by any failure to distribute the brochure as required by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 104 (H.B. 709), Sec. 1, eff. May 17, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 162 - Blood Banks and Donation of Blood › Section 162.020. Adult Stem Cell Collection

Sec. 162.020.  ADULT STEM CELL COLLECTION.  Blood obtained by a blood bank may be used for the collection of adult stem cells if the donor consents in writing to that use.
Added by Acts 2015, 84th Leg., R.S., Ch. 992 (H.B. 177), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 163 - Education Program About Sexual Conduct and Substance Abuse › Section 163.001. Program

Sec. 163.001.  PROGRAM.  (a)  The department shall develop a model public health education program suitable for school-age children and shall make the program available to any person on request.  The program should emphasize:
(1)  that abstinence from sexual intercourse is the most effective protection against unwanted teenage pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome (AIDS) when transmitted sexually;
(2)  that abstinence from sexual intercourse outside of lawful marriage is the expected societal standard for school-age unmarried persons;  and
(3)  the physical, emotional, and psychological dangers of substance abuse, including the risk of acquired immune deficiency syndrome (AIDS) through the sharing of needles during intravenous drug usage.
(b)  Course materials and instruction relating to sexual education or sexually transmitted diseases should be age appropriate.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 51, eff. Sept. 1, 1991.