By McCall H.B. No. 39
75R1859 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 health
1-4 insurance coverage based on the use of certain genetic tests and to
1-5 limitations on the use of information derived from those tests.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 21, Labor Code, is amended by adding
1-8 Subchapter H to read as follows:
1-9 SUBCHAPTER H. DISCRIMINATORY USE OF GENETIC INFORMATION
1-10 Sec. 21.401. DEFINITIONS. In this subchapter:
1-11 (1) "Genetic characteristic" means an inherited gene
1-12 or chromosome, or an alteration of such a gene or chromosome, that
1-13 is scientifically or medically believed to:
1-14 (A) predispose an individual to a disease,
1-15 disorder, or syndrome; or
1-16 (B) be associated with a statistically
1-17 significant increased risk of development of a disease, disorder,
1-18 or syndrome.
1-19 (2) "Genetic information" means information about
1-20 genes, gene products, or inherited characteristics that may derive
1-21 from an individual or family member.
1-22 (3) "Genetic test" means a laboratory test used to
1-23 determine the presence or absence of genetic characteristics. The
1-24 term includes a test to diagnose a genetic characteristic,
2-1 including a test of:
2-2 (A) a nucleic acid, including DNA, RNA, or
2-3 mitochondrial DNA;
2-4 (B) a chromosome; or
2-5 (C) a protein.
2-6 Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION
2-7 PROHIBITED. (a) An employer commits an unlawful employment
2-8 practice if the employer fails or refuses to hire, discharges, or
2-9 otherwise discriminates against an individual with respect to
2-10 compensation or the terms, conditions, or privileges of employment:
2-11 (1) on the basis of genetic information concerning the
2-12 individual derived from a genetic test; or
2-13 (2) because of the refusal of the individual to submit
2-14 to a genetic test.
2-15 (b) A labor organization commits an unlawful employment
2-16 practice if the labor organization excludes or expels from
2-17 membership or otherwise discriminates against an individual:
2-18 (1) on the basis of genetic information concerning the
2-19 individual derived from a genetic test; or
2-20 (2) because of the refusal of the individual to submit
2-21 to a genetic test.
2-22 (c) An employment agency commits an unlawful employment
2-23 practice if the employment agency classifies or refers for
2-24 employment, fails or refuses to refer for employment, or otherwise
2-25 discriminates against an individual:
2-26 (1) on the basis of genetic information concerning the
2-27 individual derived from a genetic test; or
3-1 (2) because of the refusal of the individual to submit
3-2 to a genetic test.
3-3 (d) An employer, labor organization, or employment agency
3-4 commits an unlawful employment practice if the employer, labor
3-5 organization, or employment agency limits, segregates, or
3-6 classifies an employee, member, or applicant for employment or
3-7 membership in a way that would deprive or tend to deprive the
3-8 employee, member, or applicant of employment opportunities or
3-9 otherwise adversely affect the status of the employee, member, or
3-10 applicant:
3-11 (1) on the basis of genetic information concerning the
3-12 employee, member, or applicant derived from a genetic test; or
3-13 (2) because of the refusal of the employee, member, or
3-14 applicant to submit to a genetic test.
3-15 Sec. 21.403. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a)
3-16 Except as provided by Subsection (c), genetic information is
3-17 confidential and privileged regardless of the source of the
3-18 information. A person or entity who holds that information may not
3-19 disclose or be compelled to disclose, by subpoena or otherwise,
3-20 genetic information about an individual unless the disclosure is
3-21 specifically authorized by the individual as provided by Subsection
3-22 (b). This subsection applies to a redisclosure of genetic
3-23 information by a secondary recipient of the information after
3-24 disclosure of the information by an initial recipient.
3-25 (b) An individual or the legal representative of an
3-26 individual may authorize the disclosure of genetic information
3-27 relating to that individual through a written authorization that
4-1 includes:
4-2 (1) a description of the information to be disclosed;
4-3 (2) the name of the person or entity to whom the
4-4 disclosure is made; and
4-5 (3) the purpose for the disclosure.
4-6 (c) Subject to Subchapter G, Chapter 411, Government Code,
4-7 genetic information relating to an individual may be disclosed
4-8 without the authorization required under Subsection (b) if the
4-9 disclosure is:
4-10 (1) authorized under a state or federal criminal law
4-11 relating to:
4-12 (A) the identification of individuals; or
4-13 (B) a criminal or juvenile proceeding, an
4-14 inquest, or a child fatality review by a multidisciplinary child
4-15 abuse team;
4-16 (2) required under a specific order of a state or
4-17 federal court;
4-18 (3) authorized under a state or federal law to
4-19 establish paternity;
4-20 (4) made to furnish genetic information relating to a
4-21 decedent to the blood relatives of the decedent for the purpose of
4-22 medical diagnosis; or
4-23 (5) to identify a decedent.
4-24 Sec. 21.404. RETENTION OF SAMPLE. A sample of genetic
4-25 material taken for a genetic test from an individual remains the
4-26 property of that individual and shall be destroyed promptly after
4-27 the purpose for which the sample was obtained is accomplished
5-1 unless retention of the sample is required by order of a court.
5-2 SECTION 2. Chapter 20, Title 132, Revised Statutes, is
5-3 amended by adding Article 9031 to read as follows:
5-4 Art. 9031. PROHIBITED USE OF GENETIC INFORMATION
5-5 Sec. 1. DEFINITIONS. In this article:
5-6 (1) "Genetic characteristic" means an inherited gene
5-7 or chromosome, or an alteration of such a gene or chromosome, that
5-8 is scientifically or medically believed to:
5-9 (A) predispose an individual to a disease,
5-10 disorder, or syndrome; or
5-11 (B) be associated with a statistically
5-12 significant increased risk of development of a disease, disorder,
5-13 or syndrome.
5-14 (2) "Genetic information" means information about
5-15 genes, gene products, or inherited characteristics that may derive
5-16 from an individual or family member.
5-17 (3) "Genetic test" means a laboratory test used to
5-18 determine the presence or absence of genetic characteristics. The
5-19 term includes a test to diagnose a genetic characteristic,
5-20 including a test of:
5-21 (A) a nucleic acid, including DNA, RNA, or
5-22 mitochondrial DNA;
5-23 (B) a chromosome; or
5-24 (C) a protein.
5-25 (4) "Licensing authority" means a state agency or
5-26 political subdivision that issues an occupational license.
5-27 (5) "Occupational license" means a license,
6-1 certificate, registration, permit, or other form of authorization
6-2 required by law or rule that must be obtained by an individual to
6-3 engage in a particular business or occupation.
6-4 (6) "Political subdivision" means a municipality,
6-5 county, or special district or authority. The term includes a
6-6 school district.
6-7 (7) "State agency" means a department, board, bureau,
6-8 commission, committee, division, office, council, or agency in the
6-9 executive or judicial branch of state government.
6-10 Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. A licensing
6-11 authority may not deny an application for an occupational license,
6-12 suspend, revoke, or refuse to renew an occupational license, or
6-13 take any other disciplinary action against a license holder based
6-14 on the refusal of the license applicant or license holder to:
6-15 (1) submit to a genetic test; or
6-16 (2) reveal:
6-17 (A) whether the applicant or holder has
6-18 submitted to a genetic test; or
6-19 (B) the results of any genetic test to which the
6-20 applicant or holder has submitted.
6-21 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except
6-22 as provided by Subsection (c) of this section, genetic information
6-23 is confidential and privileged regardless of the source of the
6-24 information. A person or entity who holds that information may not
6-25 disclose or be compelled to disclose, by subpoena or otherwise,
6-26 genetic information about an individual unless the disclosure is
6-27 specifically authorized by the individual as provided by Subsection
7-1 (b) of this section. This subsection applies to a redisclosure of
7-2 genetic information by a secondary recipient of the information
7-3 after disclosure of the information by an initial recipient.
7-4 (b) An individual or the legal representative of an
7-5 individual may authorize the disclosure of genetic information
7-6 relating to that individual through a written authorization that
7-7 includes:
7-8 (1) a description of the information to be disclosed;
7-9 (2) the name of the person or entity to whom the
7-10 disclosure is made; and
7-11 (3) the purpose for the disclosure.
7-12 (c) Subject to Subchapter G, Chapter 411, Government Code,
7-13 genetic information relating to an individual may be disclosed
7-14 without the authorization required under Subsection (b) of this
7-15 section if the disclosure is:
7-16 (1) authorized under a state or federal criminal law
7-17 relating to:
7-18 (A) the identification of individuals; or
7-19 (B) a criminal or juvenile proceeding, an
7-20 inquest, or a child fatality review by a multidisciplinary child
7-21 abuse team;
7-22 (2) required under a specific order of a state or
7-23 federal court;
7-24 (3) authorized under a state or federal law to
7-25 establish paternity;
7-26 (4) made to furnish genetic information relating to a
7-27 decedent to the blood relatives of the decedent for the purpose of
8-1 medical diagnosis; or
8-2 (5) to identify a decedent.
8-3 Sec. 4. RETENTION OF SAMPLE. A sample of genetic material
8-4 taken for a genetic test from an individual remains the property of
8-5 that individual and shall be destroyed promptly after the purpose
8-6 for which the sample was obtained is accomplished unless retention
8-7 of the sample is required by order of a court.
8-8 SECTION 3. Subchapter E, Chapter 21, Insurance Code, is
8-9 amended by adding Article 21.73 to read as follows:
8-10 Art. 21.73. USE OF GENETIC TESTING INFORMATION BY HEALTH
8-11 INSURERS
8-12 Sec. 1. DEFINITIONS. In this article:
8-13 (1) "Genetic characteristic" means an inherited gene
8-14 or chromosome, or an alteration of such a gene or chromosome, that
8-15 is scientifically or medically believed to:
8-16 (A) predispose an individual to a disease,
8-17 disorder, or syndrome; or
8-18 (B) be associated with a statistically
8-19 significant increased risk of development of a disease, disorder,
8-20 or syndrome.
8-21 (2) "Genetic information" means information about
8-22 genes, gene products, or inherited characteristics that may derive
8-23 from an individual or family member.
8-24 (3) "Genetic test" means a laboratory test used to
8-25 determine the presence or absence of genetic characteristics. The
8-26 term includes a test to diagnose a genetic characteristic,
8-27 including a test of:
9-1 (A) a nucleic acid, including DNA, RNA, or
9-2 mitochondrial DNA;
9-3 (B) a chromosome; or
9-4 (C) a protein.
9-5 (4) "Insurer" includes:
9-6 (A) a company authorized to engage in the
9-7 business of insurance in this state under Chapter 3 of this code;
9-8 (B) a group hospital service corporation under
9-9 Chapter 20 of this code;
9-10 (C) a health maintenance organization under the
9-11 Texas Health Maintenance Organization Act (Chapter 20A, Vernon's
9-12 Texas Insurance Code);
9-13 (D) a nonprofit hospital or other entity that
9-14 provides health care insurance or long-term care insurance coverage
9-15 and is subject to the jurisdiction of the commissioner; and
9-16 (E) any other person engaged in the business of
9-17 health insurance in this state who is subject to regulation under
9-18 this code or the other insurance laws of this state.
9-19 Sec. 2. USE OF GENETIC INFORMATION BY INSURERS. (a) An
9-20 insurer, in the writing of a health insurance policy, or evidence
9-21 of coverage, may not use genetic information to reject, deny,
9-22 limit, cancel, refuse to renew, increase the premiums for, or
9-23 otherwise adversely affect eligibility for or coverage under the
9-24 policy or contract or evidence of coverage.
9-25 (b) If an insurer requests that an applicant for insurance
9-26 submit to a genetic test in connection with the insurance
9-27 application for a purpose other than a purpose prohibited under
10-1 Subsection (a) of this section, the insurer must:
10-2 (1) notify the applicant that the test is required;
10-3 (2) disclose to the applicant the proposed use of the
10-4 test results; and
10-5 (3) obtain the applicant's written informed consent
10-6 for the test before the administration of the test.
10-7 (c) In the consent form, the applicant shall state whether
10-8 the applicant elects to be informed of the results of the test. If
10-9 the applicant does so elect, the person or entity who performs the
10-10 test shall disclose the results of the test to the applicant, as
10-11 well as to the insurer, and the insurer shall ensure that:
10-12 (1) the applicant receives an interpretation of the
10-13 test results made by a qualified health care practitioner; and
10-14 (2) a physician or other health care practitioner
10-15 designated by the applicant receives a copy of the results of the
10-16 test.
10-17 (d) An insurer may not use the results of a genetic test
10-18 conducted in accordance with Subsection (b) of this section as an
10-19 inducement for the purchase of insurance coverage.
10-20 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except
10-21 as provided by Subsection (c) of this section, genetic information
10-22 is confidential and privileged regardless of the source of the
10-23 information. A person or entity who holds that information may not
10-24 disclose or be compelled to disclose, by subpoena or otherwise,
10-25 genetic information about an individual unless the disclosure is
10-26 specifically authorized by the individual as provided by Subsection
10-27 (b) of this section. This subsection applies to a redisclosure of
11-1 genetic information by a secondary recipient of the information
11-2 after disclosure of the information by an initial recipient.
11-3 (b) An individual or the legal representative of an
11-4 individual may authorize the disclosure of genetic information
11-5 relating to that individual through a written authorization that
11-6 includes:
11-7 (1) a description of the information to be disclosed;
11-8 (2) the name of the person or entity to whom the
11-9 disclosure is made; and
11-10 (3) the purpose for the disclosure.
11-11 (c) Subject to Subchapter G, Chapter 411, Government Code,
11-12 genetic information relating to an individual may be disclosed
11-13 without the authorization required under Subsection (b) of this
11-14 section if the disclosure is:
11-15 (1) authorized under a state or federal criminal law
11-16 relating to:
11-17 (A) the identification of individuals; or
11-18 (B) a criminal or juvenile proceeding, an
11-19 inquest, or a child fatality review by a multidisciplinary child
11-20 abuse team;
11-21 (2) required under a specific order of a state or
11-22 federal court;
11-23 (3) authorized under a state or federal law to
11-24 establish paternity;
11-25 (4) made to furnish genetic information relating to a
11-26 decedent to the blood relatives of the decedent for the purpose of
11-27 medical diagnosis; or
12-1 (5) to identify a decedent.
12-2 Sec. 4. RETENTION OF SAMPLE. A sample of genetic material
12-3 taken for a genetic test from an individual remains the property
12-4 of that individual and shall be destroyed promptly after the
12-5 purpose for which the sample was obtained is accomplished unless
12-6 retention of the sample is required by order of a court.
12-7 Sec. 5. UNFAIR PRACTICE; REMEDIES. An insurer who requires
12-8 an individual to submit to a genetic test or who uses or reveals
12-9 genetic information in violation of the requirements of this
12-10 article commits an unfair practice under Article 21.21 of this code
12-11 and is liable to that individual as provided by that article.
12-12 SECTION 4. This Act takes effect September 1, 1997.
12-13 SECTION 5. Article 9031, Revised Statutes, as added by
12-14 Section 2 of this Act, applies only to a license issued or renewed
12-15 by a licensing authority on or after the effective date of this
12-16 Act. A license issued or renewed before that date is governed by
12-17 the law in effect on the date the license was issued or renewed,
12-18 and the former law is continued in effect for that purpose.
12-19 SECTION 6. Article 21.73, Insurance Code, as added by
12-20 Section 3 of this Act, applies only to a health insurance policy
12-21 or an evidence of coverage that is delivered, issued for delivery,
12-22 or renewed on or after January 1, 1998. A policy or evidence of
12-23 coverage that is delivered, issued for delivery, or renewed before
12-24 January 1, 1998, is governed by the law as it existed immediately
12-25 before the effective date of this Act, and that law is continued in
12-26 effect for that purpose.
12-27 SECTION 7. The importance of this legislation and the
13-1 crowded condition of the calendars in both houses create an
13-2 emergency and an imperative public necessity that the
13-3 constitutional rule requiring bills to be read on three several
13-4 days in each house be suspended, and this rule is hereby suspended.