A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless:

1. (1) the sample is retained under a court order;
2. (2) the individual authorizes retention of the sample for medical treatment or scientific research;

3. (3) the sample was obtained for research that is cleared by an institutional review board and retention of the sample is:

   1. (A) under a requirement the institutional review board imposes on a specific research project; or
   2. (B) authorized by the research participant with institutional review board approval under federal law; or
4. (4) the sample was obtained for a screening test established by the Texas Department of Health under Section 33.011, Health and Safety Code, and performed by that department or a laboratory approved by that department.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.