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.