SRC-TNM S.B. 98 75(R)     BILL ANALYSIS


Senate Research CenterS.B. 98
By: Zaffirini
Economic Development
1-27-97
As Filed


DIGEST 

Currently, persons may choose not to undergo genetic testing because they
fear results will be released to employers and/or insurers who will use
this information to discriminate in employment practices or insurance
coverage.  S.B. 98 prohibits using genetic-test information to
discriminate against persons in the workplace or to deny persons insurance
coverage and prohibits disclosing that information without authorization
from the individuals who were tested. 

PURPOSE

As proposed, S.B. 98 outlines provisions relating to a prohibition of
discrimination in the determination of eligibility for employment and
insurance coverage based on the use of certain genetic tests and to
limitations on the use of information derived from those tests. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21, Labor Code, by adding Subchapter H, as
follows: 

SUBCHAPTER H. DISCRIMINATORY USE OF GENETIC INFORMATION

Sec. 21.401. DEFINITIONS. Defines "genetic characteristic," "genetic
information," and "genetic test." 

Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION PROHIBITED. Sets
forth the conditions under which an employee, a labor organization, or an
employment agency commits an unlawful practice regarding the use of
genetic information. 

Sec. 21.403. INFORMATION CONFIDENTIAL; EXCEPTIONS. Provides that genetic
information is confidential and privileged and the holder of that
information is prohibited from disclosing genetic information about an
individual unless authorized by the individual to do so.  Sets forth the
provisions by which the disclosure of genetic information is authorized. 

Sec. 21.404. RETENTION OF SAMPLE. Provides that a sample of genetic
material taken for a genetic test from an individual is the individual's
property and is required to be destroyed after the purpose for which the
sample was taken is accomplished unless retention of the sample is
required by order of a court. 

SECTION 2. Amends Chapter 21E, Insurance Code, by adding Article 21.73, as
follows: 

Art. 21.73. USE OF GENETIC TESTING INFORMATION BY INSURERS.  

Sec. 1. DEFINITIONS. Defines "genetic characteristic," "genetic
information,"  "genetic test," and "insurer."  

 Sec. 2. USE OF GENETIC INFORMATION BY INSURERS. Prohibits an insurer from
discriminating against a person as a result of genetic information. 

Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS.  Makes a conforming change.

Sec. 4. RETENTION OF A SAMPLE. Makes a conforming change.

Sec. 5. UNFAIR PRACTICE; REMEDIES. Provides that an insurer who requires
an individual to submit to a genetic test or who uses or reveals genetic
information in violation of the requirements of this article commits an
unfair practice under Article 21.21 of this code and is liable to that
individual as provided by that article. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Makes application of this Act prospective to January 1, 1998.

SECTION 5. Emergency clause.