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


Senate Research Center   S.B. 12
77R1010 PB-DBy: Nelson
Business & Commerce
2/12/2001
As Filed


DIGEST AND PURPOSE 

Information is increasingly available about people's genetic
predispositions to certain diseases or medical conditions.  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.  As proposed, S.B. 12 expands and broadens
those protections, preventing employers from discriminating on the basis of
certain medical information, which may contain details that could be used
to determine an individual's genetic predisposition.  It also provides
exceptions for allowable employer use of medical information. 

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 Chapter 21H, Labor Code, as follows:

SUBCHAPTER H. New heading: DISCRIMINATORY USE OF MEDICAL INFORMATION

SECTION 2. Amends Section 21.401, Labor Code, to define "genetic
characteristic" and "medical information."  Redefines "genetic information"
and "genetic test." 

SECTION 3. Amends Section 21.402, Labor Code, as follows:
 
Sec. 21.402. New heading: DISCRIMINATORY USE OF MEDICAL INFORMATION
PROHIBITED.  Includes exceptions as provided by Section 21.4025.  Makes
conforming and nonsubstantive changes. 

SECTION 4. Amends Chapter 21H, Labor Code, to add Section 21.4025, as
follows: 

Sec. 21.4025. EXCEPTIONS. Sets forth certain cases in which it is not an
unfair employment practice to seek  certain medical information or to
require or request a medical examination. Requires medical information
obtained under this section to be collected on separate forms, maintained
in separate files, and treated as confidential as provided by Section
21.403. 

SECTION 5. Amends Section 21.403, Labor Code, to make conforming changes.

SECTION 6. Renumbers Article 9031, V.T.C.S., as Article 9032, V.T.C.S., and
amends it, as follows: 

Art. 9032. New heading: PROHIBITED USE OF MEDICAL INFORMATION.  Makes
conforming changes. 

SECTION 7. Effective date: September 1, 2001.

 SECTION 8. Makes application of Article 9031, V.T.C.S., as amended by this
Act, prospective. 

SECTION 9.  Makes application of Chapter 21H, Labor Code, as amended by
this Act, prospective.