Relating to a property right in DNA; providing injunctive relief and a civil penalty; creating a criminal offense.
SB 315 creates a new property right in an individual’s unique DNA and generally prohibits anyone from collecting, testing, retaining, altering, transferring, or making available a person’s DNA sample without informed written consent from the individual or an authorized representative. The bill defines key terms such as DNA sample, genetic characteristic, and genetic test, and it applies to a broad range of biological samples and genetic activities.
The bill includes several important exceptions. It does not apply to DNA collected or used for medical diagnosis and treatment, paternity testing, law enforcement and missing-person identification, medical examiner functions, certain research conducted under federal human-subject protections, higher education institutions, or covered health care entities and providers subject to HIPAA and related rules. It also exempts genetic testing offered through a health care provider and other similar uses under Texas or other jurisdictions. The bill takes effect September 1, 2025, and does not apply retroactively to DNA samples collected or provided before that date.
SB 315 would add Chapter 3 to Title 1 of the Texas Property Code, creating a new statutory property interest in DNA and giving individuals a legal basis to control use of their genetic material. It authorizes the attorney general to seek civil penalties, injunctions, attorney’s fees, and court costs for violations, and it creates a Class A misdemeanor for criminally negligent violations. The bill would affect businesses, laboratories, researchers, health care providers, higher education institutions, and other entities that collect or store DNA, while preserving existing uses in health care, law enforcement, research, and related settings.
The available legislative history suggests the bill moved forward without recorded opposition in the provided vote data, and there are no committee transcript excerpts showing debate or dissent. The measure’s framing as a privacy and ownership protection for genetic material indicates a generally protective, consumer-focused policy approach. Its progression to the House General State Calendar suggests it received sufficient support to advance through the process.
The main policy tension in SB 315 is between individual control over genetic information and the practical needs of medical care, research, law enforcement, and commercial genetic testing. Supporters would likely emphasize privacy, consent, and preventing unauthorized use or sale of DNA, while opponents or cautious stakeholders may be concerned about the breadth of the property-right concept, potential compliance burdens, and the criminal penalty for negligent violations. The bill’s broad exemptions appear designed to address those concerns, especially for health care providers, HIPAA-covered entities, universities, and law enforcement uses.