89th Legislature Regular Session

SB 315

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 315 establishes an individual’s DNA as exclusive personal property under Texas law. It creates Chapter 3 in Title 1 of the Texas Property Code, granting individuals sole ownership rights over their unique genetic material. The bill prohibits any collection, retention, testing, alteration, or sharing of a person’s DNA without their informed, written consent. These protections extend to all forms of biological samples used for DNA analysis, including blood and tissue specimens.

The bill outlines specific exceptions where consent is not required. These include situations involving emergency medical treatment, paternity determination, and law enforcement investigations, such as identifying perpetrators of crimes or missing persons. These carve-outs aim to maintain the functionality of existing legal and medical practices while safeguarding individual rights in most other contexts.

To enforce these rights, SB 315 provides civil remedies and allows for injunctive relief against violators. It also introduces criminal penalties for unauthorized use of DNA, making it a prosecutable offense.
Author
Lois Kolkhorst
Co-Author
Kevin Sparks
Sponsor
Caroline Harris Davila
Fiscal Notes

According to the Legislative Budget Board (LBB), the full fiscal impact of SB 315 is currently indeterminate. While the bill creates new civil and criminal offenses related to the unauthorized collection, use, or transfer of an individual’s DNA, the number of potential violations and subsequent legal actions is unknown. As a result, it is difficult to project-specific enforcement costs or anticipated revenue from penalties.

Nonetheless, key state agencies such as the Office of Court Administration and the Office of the Attorney General have indicated that they do not expect any significant fiscal burden on the courts. Similarly, the Comptroller's Office anticipates a potential increase in court fee revenue, though it is unable to estimate the exact financial gain due to the unpredictability of enforcement frequency.

At the local level, the fiscal implications also remain uncertain. Local jurisdictions may experience increased caseloads or enforcement responsibilities, but without data on the volume of offenses, projecting costs is not currently feasible. Overall, while the legislation introduces new enforcement and adjudication mechanisms, its financial effects are likely to be moderate and manageable unless future case volume proves substantial.

Vote Recommendation Notes

SB 315 establishes a clear and comprehensive legal framework recognizing an individual’s exclusive property right in their DNA. This right ensures that no DNA sample can be collected, tested, stored, sold, or transferred without the individual’s informed, written consent, except under narrow, specific exceptions such as law enforcement, emergency medical treatment, or paternity testing. The bill empowers the Texas Attorney General to pursue civil penalties and injunctive relief and imposes criminal liability for unauthorized use, categorizing violations as Class A misdemeanors.

The rationale behind the bill is rooted in rising public concerns over genetic privacy, especially in the wake of high-profile data breaches and the commercialization of genetic information by companies such as 23andMe and AncestryDNA. The bill analysis highlights troubling gaps in current law, noting that without statutory protection, consumers have little recourse when private companies misuse or lose control over their genetic data. SB 315 responds to these privacy and ethical challenges by asserting personal ownership over genetic information and offering enforceable legal protections.

From a liberty-oriented policy perspective, SB 315 strongly supports individual liberty, personal responsibility, and private property rights. It reinforces the notion that bodily autonomy extends to genetic material and establishes enforceable limits on third-party actors, including corporations. While the fiscal note acknowledges indeterminate costs due to the unknown number of offenses, it also concludes that no significant burden is expected on the judicial system. Given the bill's clarity, targeted enforcement, and alignment with core liberty principles, Texas Policy Research recommends that lawmakers vote YES on SB 315.

View Bill Text and Status