By Zaffirini S.B. No. 98
75R1944 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 and insurance coverage based on the use
1-4 of certain genetic tests and to limitations on the use of
1-5 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. Subchapter E, Chapter 21, Insurance Code, is
5-3 amended by adding Article 21.73 to read as follows:
5-4 Art. 21.73. USE OF GENETIC TESTING INFORMATION BY INSURERS
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
5-18 to determine the presence or absence of genetic characteristics.
5-19 The 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) "Insurer" includes:
5-26 (A) a company authorized to engage in the
5-27 business of insurance in this state under Chapter 3 of this code;
6-1 (B) a group hospital service corporation under
6-2 Chapter 20 of this code;
6-3 (C) a health maintenance organization under the
6-4 Texas Health Maintenance Organization Act (Chapter 20A, Vernon's
6-5 Texas Insurance Code);
6-6 (D) a nonprofit hospital or other entity that
6-7 provides health care insurance or long-term care insurance coverage
6-8 and is subject to the jurisdiction of the commissioner; and
6-9 (E) any other person engaged in the business of
6-10 health insurance in this state who is subject to regulation under
6-11 this code or the other insurance laws of this state.
6-12 Sec. 2. USE OF GENETIC INFORMATION BY INSURERS. (a) An
6-13 insurer, in the writing of a health insurance policy or evidence of
6-14 coverage, may not use genetic information to reject, deny, limit,
6-15 cancel, refuse to renew, increase the premiums for, or otherwise
6-16 adversely affect eligibility for or coverage under the policy or
6-17 contract or evidence of coverage.
6-18 (b) An insurer may not discriminate in the fees,
6-19 commissions, or other compensation paid to an insurance agent for
6-20 writing or renewing a health insurance policy or contract or
6-21 evidence of coverage for an individual because genetic
6-22 characteristics of that individual may be associated with a
6-23 disability in the individual or the individual's descendants.
6-24 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except
6-25 as provided by Subsection (c) of this section, genetic information
6-26 is confidential and privileged regardless of the source of the
6-27 information. A person or entity who holds that information may not
7-1 disclose or be compelled to disclose, by subpoena or otherwise,
7-2 genetic information about an individual unless the disclosure is
7-3 specifically authorized by the individual as provided by Subsection
7-4 (b) of this section. This subsection applies to a redisclosure of
7-5 genetic information by a secondary recipient of the information
7-6 after disclosure of the information by an initial recipient.
7-7 (b) An individual or the legal representative of an
7-8 individual may authorize the disclosure of genetic information
7-9 relating to that individual through a written authorization that
7-10 includes:
7-11 (1) a description of the information to be disclosed;
7-12 (2) the name of the person or entity to whom the
7-13 disclosure is made; and
7-14 (3) the purpose for the disclosure.
7-15 (c) Subject to Subchapter G, Chapter 411, Government Code,
7-16 genetic information relating to an individual may be disclosed
7-17 without the authorization required under Subsection (b) if the
7-18 disclosure is:
7-19 (1) authorized under a state or federal criminal law
7-20 relating to:
7-21 (A) the identification of individuals; or
7-22 (B) a criminal or juvenile proceeding, an
7-23 inquest, or a child fatality review by a multidisciplinary child
7-24 abuse team;
7-25 (2) required under a specific order of a state or
7-26 federal court;
7-27 (3) authorized under a state or federal law to
8-1 establish paternity;
8-2 (4) made to furnish genetic information relating to a
8-3 decedent to the blood relatives of the decedent for the purpose of
8-4 medical diagnosis; or
8-5 (5) to identify a decedent.
8-6 Sec. 4. RETENTION OF SAMPLE. A sample of genetic material
8-7 taken for a genetic test from an individual remains the property
8-8 of that individual, and shall be destroyed promptly after the
8-9 purpose for which the sample was obtained is accomplished unless
8-10 retention of the sample is required by order of a court.
8-11 Sec. 5. UNFAIR PRACTICE; REMEDIES. An insurer who requires
8-12 an individual to submit to a genetic test or who uses or reveals
8-13 genetic information in violation of the requirements of this
8-14 article commits an unfair practice under Article 21.21 of this code
8-15 and is liable to that individual as provided by that article.
8-16 SECTION 3. This Act takes effect September 1, 1997.
8-17 SECTION 4. Article 21.73, Insurance Code, as added by
8-18 Section 2 of this Act, applies only to an insurance policy or
8-19 evidence of coverage that is delivered, issued for delivery, or
8-20 renewed on or after January 1, 1998. A policy or evidence of
8-21 coverage that is delivered, issued for delivery, or renewed before
8-22 January 1, 1998, is governed by the law as it existed immediately
8-23 before the effective date of this Act, and that law is continued in
8-24 effect for that purpose.
8-25 SECTION 5. The importance of this legislation and the
8-26 crowded condition of the calendars in both houses create an
8-27 emergency and an imperative public necessity that the
9-1 constitutional rule requiring bills to be read on three several
9-2 days in each house be suspended, and this rule is hereby suspended.