By McCall                                               H.B. No. 56
       74R479 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prohibition of discrimination based on genetic
    1-3  screening.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended
    1-6  by adding Section 21.0595 to read as follows:
    1-7        Sec. 21.0595.  DISCRIMINATORY GENETIC SCREENING.  (a)  An
    1-8  employer commits an unlawful employment practice if the employer
    1-9  fails or refuses to hire, discharges, or otherwise discriminates
   1-10  against an individual with respect to compensation or the terms,
   1-11  conditions, or privileges of employment because of the results of,
   1-12  or the refusal of the individual to submit to, genetic screening.
   1-13        (b)  A labor organization commits an unlawful employment
   1-14  practice if the labor organization excludes or expels from
   1-15  membership or otherwise discriminates against an individual because
   1-16  of the results of, or the refusal of the individual to submit to,
   1-17  genetic screening.
   1-18        (c)  An employment agency commits an unlawful employment
   1-19  practice if the employment agency classifies or refers for
   1-20  employment, fails or refuses to refer for employment, or otherwise
   1-21  discriminates against an individual because of the results of, or
   1-22  the refusal of the individual to submit to, genetic screening.
   1-23        (d)  An employer, labor organization, or employment agency
   1-24  commits an unlawful employment practice if the employer, labor
    2-1  organization, or employment agency limits, segregates, or
    2-2  classifies an employee, member, or applicant for employment or
    2-3  membership in a way that would deprive or tend to deprive the
    2-4  employee, member, or applicant of employment opportunities or
    2-5  otherwise adversely affect the status of the employee, member, or
    2-6  applicant because of the results of, or the refusal of the
    2-7  employee, member, or applicant to submit to, genetic screening.
    2-8        (e)  For the purposes of this section, "genetic screening"
    2-9  means the testing of an individual's genes, gene products, or
   2-10  chromosomes for an abnormality or deficiency or a predisposition
   2-11  for an abnormality or deficiency that:
   2-12              (1)  is linked to a physical or mental disorder or
   2-13  impairment;
   2-14              (2)  indicates a susceptibility to an illness, disease,
   2-15  impairment, or other disorder, whether physical or mental; or
   2-16              (3)  demonstrates genetic or chromosomal damage due to
   2-17  an environmental factor.
   2-18        SECTION 2.  This Act takes effect September 1, 1995.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.