Relating to newborn screening tests for Duchenne muscular dystrophy, the official text

S.B. No. 1044

AN ACT

relating to newborn screening tests for Duchenne muscular

dystrophy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 33, Health and Safety

Code, is amended to read as follows:

CHAPTER 33. DUCHENNE MUSCULAR DYSTROPHY, PHENYLKETONURIA, OTHER

HERITABLE DISEASES, HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS

SECTION 2. Section 33.001, Health and Safety Code, is

amended by adding Subdivision (6) to read as follows:

(6) "Duchenne muscular dystrophy" means a progressive

muscular degeneration disorder caused by alterations of the protein

dystrophin and characterized by progressive muscle degeneration

and weakness.

SECTION 3. Sections 33.002(a) and (c), Health and Safety

Code, are amended to read as follows:

(a) The department shall carry out a program to combat

morbidity, including intellectual disability, and mortality in

persons who have Duchenne muscular dystrophy, phenylketonuria,

other heritable diseases, or hypothyroidism.

(c) The department shall establish and maintain a

laboratory to:

(1) conduct experiments, projects, and other

activities necessary to develop screening or diagnostic tests for

the early detection of Duchenne muscular dystrophy,

phenylketonuria, other heritable diseases, and hypothyroidism;

(2) develop ways and means or discover methods to be

used to prevent or treat Duchenne muscular dystrophy,

phenylketonuria, other heritable diseases, and hypothyroidism; and

(3) serve other purposes considered necessary by the

department to carry out the program.

SECTION 4. Section 33.011(a), Health and Safety Code, is

amended to read as follows:

(a) The physician attending a newborn child or the person

attending the delivery of a newborn child that is not attended by a

physician shall cause the child to be subjected to screening tests

approved by the department for Duchenne muscular dystrophy,

phenylketonuria, other heritable diseases, hypothyroidism, and

other disorders for which screening is required by the department.

SECTION 5. Section 33.014(a), Health and Safety Code, is

amended to read as follows:

(a) If, because of an analysis of a specimen submitted under

Section 33.011, the department reasonably suspects that a newborn

child may have Duchenne muscular dystrophy, phenylketonuria,

another heritable disease, hypothyroidism, or another disorder for

which the screening tests are required, the department shall notify

the person who submits the specimen that the results are abnormal

and provide the test results to that person. The department may

notify one or more of the following that the results of the analysis

are abnormal and recommend further testing when necessary:

(1) the physician attending the newborn child or the

physician's designee;

(2) the person attending the delivery of the newborn

child that was not attended by a physician;

(3) the parents of the newborn child;

(4) the health authority of the jurisdiction in which

the newborn child was born or in which the child resides, if known;

or

(5) physicians who are cooperating pediatric

specialists for the program.

SECTION 6. Section 33.031(a), Health and Safety Code, is

amended to read as follows:

(a) All newborn children and other individuals under 21

years of age who have been screened, have been found to be

presumptively positive through the newborn screening program for

Duchenne muscular dystrophy, phenylketonuria, other heritable

diseases, hypothyroidism, or another disorder for which the

screening tests are required, and may be financially eligible may

be referred to the department's services program for children with

special health care needs.

SECTION 7. Section 33.032(a), Health and Safety Code, is

amended to read as follows:

(a) Within the limits of funds available for this purpose

and in cooperation with the individual's physician, the department

may provide services directly or through approved providers to

individuals of any age who meet the eligibility criteria specified

by department rules on the confirmation of a positive test for

Duchenne muscular dystrophy, phenylketonuria, other heritable

diseases, hypothyroidism, or another disorder for which the

screening tests are required.

SECTION 8. Section 203.355(c), Occupations Code, is amended

to read as follows:

(c) The laboratory services must include the performance of

the standard serological tests for syphilis and the collection of

blood specimens for newborn screening tests for Duchenne muscular

dystrophy, phenylketonuria, hypothyroidism, and other heritable

diseases as required by law.

SECTION 9. Upon completion of the laboratory described by

Section 33.002(c), Health and Safety Code, as amended by this Act,

the Department of State Health Services shall implement the changes

in law made by this Act to the newborn screening program under

Chapter 33, Health and Safety Code.

SECTION 10. The Department of State Health Services is

required to implement a provision of this Act only if the

legislature appropriates money specifically for that purpose. If

the legislature does not appropriate money specifically for that

purpose, the department may, but is not required to, implement a

provision of this Act using other money available for that purpose.

SECTION 11. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1044 passed the Senate on

April 24, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1044 passed the House on

May 6, 2025, by the following vote: Yeas 131, Nays 13, one

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor