Sec. 503A.006.  REQUIRED CONSENT.  (a)  A direct-to-consumer genetic testing company engaging in any of the following activities must obtain:
(1)  an individual's separate express consent for:
(A)  the transfer or disclosure of the individual's genetic data to any person other than the company's vendors and service providers;
(B)  the use of genetic data for a purpose other than the primary purpose of the company's genetic testing product or service; or
(C)  the retention of any biological sample provided by the individual following the company's completion of the initial testing service requested by the individual;
(2)  an individual's informed consent in accordance with guidelines for the protection of human subjects issued under 45 C.F.R. Part 46, for transfer or disclosure of the individual's genetic data to a third party for:
(A)  research purposes; or
(B)  research conducted under the control of the company for the purpose of publication or generalizable knowledge; and
(3)  an individual's express consent for:
(A)  marketing by the company to the individual based on the individual's genetic data; or
(B)  marketing by a third party to the individual based on the individual's ordering or purchasing of a genetic testing product or service.
(b)  For purposes of Subsection (a), "marketing" does not include providing customized content or offers to an individual with whom a direct-to-consumer genetic testing company has a first-party relationship on the company's Internet website or through an application or service provided by the company to the individual.
Added by Acts 2023, 88th Leg., R.S., Ch. 912 (H.B. 2545), Sec. 1, eff. September 1, 2023.