AN ACT
 1-1     relating to the penalty for disclosing a person's human
 1-2     immunodeficiency virus status.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (b) and (c), Section 81.104, Health
 1-5     and Safety 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 a violation of Section 81.102 or 81.103, Health
 2-2     and Safety Code, apply only to a violation that occurs on or after
 2-3     the effective date of this Act.  For the purposes of this section,
 2-4     a violation occurs 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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 567 passed the Senate on
         April 22, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 567 passed the House on
         May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor