By Van de Putte H.B. No. 343
74R1522 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition of discrimination in the determination of
1-3 eligibility for employment, occupational licenses, and insurance
1-4 coverage based on the use of genetic testing.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
1-7 by adding Section 21.0595 to read as follows:
1-8 Sec. 21.0595. DISCRIMINATORY GENETIC TESTING. (a) An
1-9 employer commits an unlawful employment practice if the employer
1-10 fails or refuses to hire, discharges, or otherwise discriminates
1-11 against an individual with respect to compensation or the terms,
1-12 conditions, or privileges of employment because of the results of,
1-13 or the refusal of the individual to submit to, genetic testing.
1-14 (b) A labor organization commits an unlawful employment
1-15 practice if the labor organization excludes or expels from
1-16 membership or otherwise discriminates against an individual because
1-17 of the results of, or the refusal of the individual to submit to,
1-18 genetic testing.
1-19 (c) An employment agency commits an unlawful employment
1-20 practice if the employment agency classifies or refers for
1-21 employment, fails or refuses to refer for employment, or otherwise
1-22 discriminates against an individual because of the results of, or
1-23 the refusal of the individual to submit to, genetic testing.
1-24 (d) An employer, labor organization, or employment agency
2-1 commits an unlawful employment practice if the employer, labor
2-2 organization, or employment agency limits, segregates, or
2-3 classifies an employee, member, or applicant for employment or
2-4 membership in a way that would deprive or tend to deprive the
2-5 employee, member, or applicant of employment opportunities or
2-6 otherwise adversely affect the status of the employee, member, or
2-7 applicant because of the results of, or the refusal of the
2-8 employee, member, or applicant to submit to, genetic testing.
2-9 (e) For the purposes of this section, "genetic testing"
2-10 means the testing of an individual's genes, gene products, or
2-11 chromosomes for information associated with a specific physical or
2-12 mental condition, including status as a carrier of a physical or
2-13 mental abnormality or deficiency, and associated with a
2-14 susceptibility or predisposition to an illness, disease,
2-15 impairment, or other adverse physical or mental condition.
2-16 SECTION 2. Chapter 20, Title 132, Revised Statutes, is
2-17 amended by adding Article 9029 to read as follows:
2-18 Art. 9029. PROHIBITED GENETIC TESTING
2-19 Sec. 1. DEFINITIONS. In this article:
2-20 (1) "Genetic testing" means the testing of an
2-21 individual's genes, gene products, or chromosomes for information
2-22 associated with a specific physical or mental condition, including
2-23 status as a carrier of a physical or mental abnormality or
2-24 deficiency, and associated with a susceptibility or predisposition
2-25 to an illness, disease, impairment, or other adverse physical or
2-26 mental condition.
2-27 (2) "Licensing authority" means a state agency or
3-1 political subdivision that issues an occupational license.
3-2 (3) "Occupational license" means a license,
3-3 certificate, registration, permit, or other form of authorization,
3-4 required by law or rule, that must be obtained by an individual in
3-5 order to engage in a particular business or occupation.
3-6 (4) "Political subdivision" means a municipality,
3-7 county, or special district or authority.
3-8 (5) "State agency" means a department, board, bureau,
3-9 commission, committee, division, office, council, or agency of
3-10 state government.
3-11 Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. A licensing
3-12 authority may not deny an application for an occupational license
3-13 or suspend, revoke, or refuse to renew an occupational license
3-14 based on the refusal of the license applicant or license holder to:
3-15 (1) submit to genetic testing; or
3-16 (2) reveal:
3-17 (A) whether the applicant or holder has
3-18 submitted to genetic testing; or
3-19 (B) the results of any genetic testing to which
3-20 the applicant or holder has submitted.
3-21 SECTION 3. Subchapter E, Chapter 21, Insurance Code, is
3-22 amended by adding Article 21.72 to read as follows:
3-23 Art. 21.72. USE OF GENETIC TESTING BY INSURERS
3-24 Sec. 1. DEFINITIONS. In this article:
3-25 (1) "Genetic testing" means the testing of an
3-26 individual's genes, gene products, or chromosomes for information
3-27 associated with a specific physical or mental condition, including
4-1 status as a carrier of a physical or mental abnormality or
4-2 deficiency, and associated with a susceptibility or predisposition
4-3 to an illness, disease, impairment, or other adverse physical or
4-4 mental condition.
4-5 (2) "Insurer" means:
4-6 (A) a company authorized to engage in the
4-7 business of insurance in this state under Chapter 3 of this code;
4-8 (B) a group hospital service corporation under
4-9 Chapter 20 of this code;
4-10 (C) a health maintenance organization under
4-11 Chapter 20A of this code; and
4-12 (D) a state agency or political subdivision that
4-13 provides health insurance coverage, life insurance coverage, health
4-14 maintenance organization coverage, or self-insured health care
4-15 coverage to its officers or employees.
4-16 (3) "Political subdivision" means a municipality,
4-17 county, or special district or authority. The term includes a
4-18 school district.
4-19 (4) "State agency" means a department, board, bureau,
4-20 commission, committee, division, office, council, or agency in the
4-21 executive, judicial, or legislative branch of state government.
4-22 Sec. 2. GENETIC TESTING. (a) Except as provided by
4-23 Subsection (b) of this section, an insurer may not:
4-24 (1) require or request directly or indirectly that an
4-25 individual or a member of the individual's family submit to genetic
4-26 testing;
4-27 (2) require or request directly or indirectly that an
5-1 individual or a member of the individual's family reveal:
5-2 (A) whether the individual or family member has
5-3 submitted to genetic testing; or
5-4 (B) the results of any genetic testing to which
5-5 the individual or family member has submitted;
5-6 (3) condition eligibility for insurance coverage or
5-7 health care benefits on whether an individual or family member has
5-8 submitted to genetic testing or the results of such testing; or
5-9 (4) consider, in the determination of insurance
5-10 premium rates, copayments, or other applicable charges that apply
5-11 to a covered individual, whether the individual or a family member
5-12 has submitted to genetic testing or the results of such testing.
5-13 (b) Subsection (a) of this section does not apply to an
5-14 insurer in the writing of life insurance coverage or disability or
5-15 other income continuation insurance coverage.
5-16 (c) In the writing of life insurance coverage or disability
5-17 or other income continuation insurance coverage, an insurer that
5-18 obtains information from genetic testing under Subsection (a)(1) or
5-19 (a)(2) of this section may not:
5-20 (1) use the information in a manner that violates
5-21 Subsection (a)(3) or (a)(4) of this section in writing a type of
5-22 insurance coverage other than life or disability or other income
5-23 continuation coverage for the individual or a member of the
5-24 individual's family; or
5-25 (2) set premium rates or establish other aspects of
5-26 coverage in a manner not reasonably related to the risk involved.
5-27 Sec. 3. REMEDIES. An insurer other than a state agency or
6-1 political subdivision who requires an individual to submit to
6-2 genetic testing or reveal information obtained through genetic
6-3 testing in violation of this article is liable to that individual
6-4 for:
6-5 (1) actual damages;
6-6 (2) exemplary damages;
6-7 (3) court costs; and
6-8 (4) reasonable attorney's fees.
6-9 SECTION 4. This Act takes effect September 1, 1995.
6-10 SECTION 5. Article 9029, Revised Statutes, as added by
6-11 Section 2 of this Act, applies only to a license that is issued or
6-12 renewed by a licensing authority on or after the effective date of
6-13 this Act. A license that is issued or renewed before that date is
6-14 governed by the law in effect on the date that the license was
6-15 issued or renewed, and the former law is continued in effect for
6-16 that purpose.
6-17 SECTION 6. Article 21.72, Insurance Code, as added by
6-18 Section 3 of this Act, applies only to an insurance policy that is
6-19 delivered, issued for delivery, or renewed on or after January 1,
6-20 1996. A policy that is delivered, issued for delivery, or renewed
6-21 before January 1, 1996, is governed by the law as it existed
6-22 immediately before the effective date of this Act, and that law is
6-23 continued in effect for that purpose.
6-24 SECTION 7. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.