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


Senate Research CenterC.S.S.B. 12
77R11492 PB-DBy: Nelson
Business & Commerce
4/4/2001
Committee Report (Substituted)


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. C.S.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. 


SUMMARY OF COMMITTEE CHANGES

 Differs from the original as follows:

_Amends the previously proposed caption.

_Deletes previously proposed SECTION 1, which amended the heading to
Chapter 21H, Labor Code. 

_Deletes previously proposed SECTIONS 3 and 5, which amended Sections
21.402 and 21.403, Labor Code. 

_Deletes previously proposed SECTION 4, which added Section 21.4025, Labor
Code. 

_Redesignates previously proposed SECTION 2 as SECTION 1; SECTION 6 as
SECTION 2; SECTION 7 as SECTION 4; SECTION 8 as SECTION 5, and SECTION 9 as
SECTION 6. 

_In SECTIONS 1and 2, amending Section 21.401, Labor Code, and Article 9031,
V.T.C.S., adds the definition of "family health history" and amends the
redefinition of "genetic characteristic" and "genetic test."  Deletes
previously proposed definition of "medical information."  Redesignates
previous Subdivisions (2)-(5) as Subdivisions (3)-(6). 

_In SECTION 2, deletes the previously proposed new heading of renumbered
Article 9032, V.T.C.S., and adds a new heading for Section 2, Article 9032,
V.T.C.S.  Adds a prohibition to Section 2, Article 9032, V.T.C.S.  Deletes
previously proposed amendments to Section 3, Article 9032, V.T.C.S.   

_Adds SECTION 3 to propose amendments to Section 1, Article 21.73,
Insurance Code. 

_Adds SECTION 7 to propose the prospective clause in regard to the
amendments to the Insurance Code.