SRC-JEC S.B. 12 77(R)BILL ANALYSIS


Senate Research CenterS.B. 12
By: Nelson
Business & Commerce
5/24/2001
Enrolled


DIGEST AND PURPOSE 

Information about a person's genetic predispositions to certain diseases or
medical conditions is increasingly available.  The 75th Legislature made it
illegal for employers to discriminate on the basis of genetic information
or to require individuals to submit to genetic testing as a condition of
employment. S.B. 12 expands the definitions of "genetic information" and
"genetic test" to prevent employers, licensing authorities, and insurance
companies from discriminating on the basis of certain genetic information
or genetic tests. It also prevents employers from discriminating on the
basis of family health information which may contain details that could be
used to determine an individual's genetic predisposition to certain
diseases. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 21.401, Labor Code, to define "family health
history" and "genetic characteristic."  Redefines "genetic information" and
"genetic test." 

SECTION 2. Renumbers Article 9031, V.T.C.S., as Article 9032, V.T.C.S., and
amends it, as follows:   

 Sec. 1.  Makes conforming changes.

Sec. 2.  New heading:  PROHIBITIONS.  Prohibits a licensing authority from
denying an application for an occupational license, or taking any other
disciplinary action against a license holder based on the refusal of the
applicant or license holder to submit a family health history. 

SECTION 3.  Amends Section 1, Article 21.73, Insurance Code, to make
conforming changes. 

SECTION 4. Effective date: September 1, 2001.

SECTION 5. Makes application of Article 9031, V.T.C.S., as amended by this
Act, prospective. 

SECTION 6.  Makes application of Section 21.401, Labor Code, as amended by
this Act, prospective. 

SECTION 7.  Makes application of Article 21.73, Insurance Code, as amended
by this Act, prospective to January 1, 2002.