By Burnam H.B. No. 1371
76R5316 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for disclosing a person's HIV status.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 81.104(b) and (c), Health and Safety
1-5 Code, are amended to read as follows:
1-6 (b) A person who violates Section 81.102 or who is found in
1-7 a civil action to have negligently released or disclosed a test
1-8 result or allowed a test result to become known in violation of
1-9 Section 81.103 is liable for:
1-10 (1) actual damages;
1-11 (2) a civil penalty of not more than $5,000 [$1,000];
1-12 and
1-13 (3) court costs and reasonable attorney's fees
1-14 incurred by the person bringing the action.
1-15 (c) A person who is found in a civil action to have wilfully
1-16 released or disclosed a test result or allowed a test result to
1-17 become known in violation of Section 81.103 is liable for:
1-18 (1) actual damages;
1-19 (2) a civil penalty of not less than $5,000 [$1,000]
1-20 nor more than $10,000 [$5,000]; and
1-21 (3) court costs and reasonable attorney's fees
1-22 incurred by the person bringing the action.
1-23 SECTION 2. (a) This Act takes effect September 1, 1999.
1-24 (b) The changes in law made by this Act relating to the
2-1 civil penalty for violating Section 81.102 or 81.103, Health and
2-2 Safety Code, apply only to a violation that occurs on or after the
2-3 effective date of this Act. For the purposes of this section, a
2-4 violation is committed before the effective date of this Act if any
2-5 element of the violation occurs before that date. A violation that
2-6 occurred before the effective date of this Act is covered by the
2-7 law in effect when the violation occurred, and the former law is
2-8 continued in effect for that purpose.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.