By: Nelson, Lucio S.B. No. 12
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition of discrimination based on the use of
1-3 certain information in the determination of eligibility for
1-4 employment, an occupational license, or insurance coverage.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 21.401, Labor Code, is amended to read as
1-7 follows:
1-8 Sec. 21.401. DEFINITIONS. In this subchapter:
1-9 (1) "DNA" means deoxyribonucleic acid.
1-10 (2) "Family health history" means a history taken by a
1-11 physician or genetic professional to ascertain genetic or medical
1-12 information about an individual's family.
1-13 (3) "Genetic characteristic" means a scientifically or
1-14 medically identifiable genetic or chromosomal variation,
1-15 composition, or alteration that:
1-16 (A) is scientifically or medically believed to:
1-17 (i) predispose an individual to a disease,
1-18 disorder, or syndrome; or
1-19 (ii) be associated with a statistically
1-20 significant increased risk of development of a disease, disorder,
1-21 or syndrome; and
1-22 (B) may or may not be associated with any
1-23 symptom of an ongoing disease, disorder, or syndrome affecting an
1-24 individual on the date that genetic information is obtained
1-25 regarding that individual.
2-1 (4) "Genetic information" means information that is:
2-2 (A) obtained from or based on a scientific or
2-3 medical determination of the presence or absence in an individual
2-4 of a genetic characteristic; or
2-5 (B) derived from the results of a genetic test
2-6 performed on, or a family health history obtained from, that
2-7 individual.
2-8 (5) [(3)] "Genetic test" means a presymptomatic
2-9 laboratory test of an individual's genes, gene products [DNA, RNA,
2-10 proteins], or chromosomes to identify by analysis of the
2-11 individual's DNA, RNA, proteins, or chromosomes [the] genetic
2-12 variations, compositions, [mutations] or alterations [in the DNA,
2-13 RNA, proteins, or chromosomes] that are associated with a
2-14 statistically increased risk to develop [predisposition for] a
2-15 clinically recognized disease, [or] disorder, or syndrome or to be
2-16 a carrier of such a disease, disorder, or syndrome. The term does
2-17 not include a blood test, cholesterol test, urine test, or other
2-18 physical test used for a purpose other than determining a genetic
2-19 or chromosomal variation, composition, or alteration in a specific
2-20 individual[:]
2-21 [(A) a routine physical examination or a routine
2-22 test performed as a part of a physical examination;]
2-23 [(B) a chemical, blood, or urine analysis;]
2-24 [(C) a test to determine drug use; or]
2-25 [(D) a test for the presence of the human
2-26 immunodeficiency virus].
3-1 (6) [(4)] "RNA" means ribonucleic acid.
3-2 SECTION 2. Article 9031, Revised Statutes, as added by
3-3 Section 2, Chapter 1215, Acts of the 75th Legislature, Regular
3-4 Session, 1997, is renumbered as Article 9032, Revised Statutes, and
3-5 amended to read as follows:
3-6 Art. 9032 [9031]. PROHIBITED USE OF GENETIC INFORMATION
3-7 Sec. 1. DEFINITIONS. In this article:
3-8 (1) "DNA" means deoxyribonucleic acid.
3-9 (2) "Family health history" means a history taken by a
3-10 physician or genetic professional to ascertain genetic or medical
3-11 information about an individual's family.
3-12 (3) "Genetic characteristic" means a scientifically or
3-13 medically identifiable genetic or chromosomal variation,
3-14 composition, or alteration that:
3-15 (A) is scientifically or medically believed to:
3-16 (i) predispose an individual to a disease,
3-17 disorder, or syndrome; or
3-18 (ii) be associated with a statistically
3-19 significant increased risk of development of a disease, disorder,
3-20 or syndrome; and
3-21 (B) may or may not be associated with any
3-22 symptom of an ongoing disease, disorder, or syndrome affecting an
3-23 individual on the date that genetic information is obtained
3-24 regarding that individual.
3-25 (4) "Genetic information" means information that is:
3-26 (A) obtained from or based on a scientific or
4-1 medical determination of the presence or absence in an individual
4-2 of a genetic characteristic; or
4-3 (B) derived from the results of a genetic test
4-4 performed on, or a family health history obtained from, that
4-5 individual.
4-6 (5) [(3)] "Genetic test" means a presymptomatic
4-7 laboratory test of an individual's genes, gene products [DNA, RNA,
4-8 proteins], or chromosomes to identify by analysis of the
4-9 individual's DNA, RNA, proteins, or chromosomes [the] genetic
4-10 variations, compositions, [mutations] or alterations [in the DNA,
4-11 RNA, proteins, or chromosomes] that are associated with a
4-12 statistically increased risk to develop [predisposition for] a
4-13 clinically recognized disease, [or] disorder, or syndrome or to be
4-14 a carrier of such a disease, disorder, or syndrome. The term does
4-15 not include a blood test, cholesterol test, urine test, or other
4-16 physical test used for a purpose other than determining a genetic
4-17 or chromosomal variation, composition, or alteration in a specific
4-18 individual[:]
4-19 [(A) a routine physical examination or a routine
4-20 test performed as a part of a physical examination;]
4-21 [(B) a chemical, blood, or urine analysis;]
4-22 [(C) a test to determine drug use; or]
4-23 [(D) a test for the presence of the human
4-24 immunodeficiency virus].
4-25 (6) [(4)] "Licensing authority" means a state agency
4-26 or political subdivision that issues an occupational license.
5-1 (7) [(5)] "Occupational license" means a license,
5-2 certificate, registration, permit, or other form of authorization
5-3 required by law or rule that must be obtained by an individual to
5-4 engage in a particular business or occupation.
5-5 (8) [(6)] "Political subdivision" means a
5-6 municipality, county, or special district or authority. The term
5-7 includes a school district.
5-8 (9) [(7)] "RNA" means ribonucleic acid.
5-9 (10) [(8)] "State agency" means a department, board,
5-10 bureau, commission, committee, division, office, council, or agency
5-11 in the executive or judicial branch of state government.
5-12 Sec. 2. PROHIBITIONS [GENETIC TESTING REQUIREMENT
5-13 PROHIBITED]. A licensing authority may not deny an application for
5-14 an occupational license, suspend, revoke, or refuse to renew an
5-15 occupational license, or take any other disciplinary action against
5-16 a license holder based on the refusal of the license applicant or
5-17 license holder to:
5-18 (1) submit to a genetic test; [or]
5-19 (2) submit a family health history; or
5-20 (3) reveal:
5-21 (A) whether the applicant or holder has
5-22 submitted to a genetic test; or
5-23 (B) the results of any genetic test to which the
5-24 applicant or holder has submitted.
5-25 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except
5-26 as provided by Subsections (c) and (d) of this section, genetic
6-1 information is confidential and privileged regardless of the source
6-2 of the information. A person or entity that holds that information
6-3 may not disclose or be compelled to disclose, by subpoena or
6-4 otherwise, genetic information about an individual unless the
6-5 disclosure is specifically authorized by the individual as provided
6-6 by Subsection (b) of this section. This subsection applies to a
6-7 redisclosure of genetic information by a secondary recipient of the
6-8 information after disclosure of the information by an initial
6-9 recipient.
6-10 (b) An individual or the legal representative of an
6-11 individual may authorize the disclosure of genetic information
6-12 relating to that individual through a written authorization that
6-13 includes:
6-14 (1) a description of the information to be disclosed;
6-15 (2) the name of the person or entity to whom the
6-16 disclosure is made; and
6-17 (3) the purpose for the disclosure.
6-18 (c) Subject to Subchapter G, Chapter 411, Government Code,
6-19 genetic information relating to an individual may be disclosed
6-20 without the authorization required under Subsection (b) of this
6-21 section if the disclosure is:
6-22 (1) authorized under a state or federal criminal law
6-23 relating to:
6-24 (A) the identification of individuals; or
6-25 (B) a criminal or juvenile proceeding, an
6-26 inquest, or a child fatality review by a multidisciplinary
7-1 child-abuse team;
7-2 (2) required under a specific order of a state or
7-3 federal court;
7-4 (3) authorized under a state or federal law to
7-5 establish paternity;
7-6 (4) made to furnish genetic information relating to a
7-7 decedent to the blood relatives of the decedent for the purpose of
7-8 medical diagnosis; or
7-9 (5) made to identify a decedent.
7-10 (d) In addition to the exceptions under Subsection (c) of
7-11 this section, genetic information relating to an individual may be
7-12 disclosed without the authorization required under Subsection (b)
7-13 of this section if:
7-14 (1) the disclosure is for information from a research
7-15 study in which the procedure for obtaining informed written consent
7-16 and use of the information is governed by national standards for
7-17 protecting participants involved in research projects, including
7-18 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
7-19 (2) the information does not identify a particular
7-20 individual; and
7-21 (3) the information is provided to the Texas
7-22 Department of Health to comply with Chapter 87, Health and Safety
7-23 Code.
7-24 Sec. 4. RIGHT TO KNOW TEST RESULTS. An individual who
7-25 submits to a genetic test has the right to know the results of that
7-26 test. On the written request of the individual, the entity that
8-1 performed the test shall disclose the test results to the
8-2 individual or to a physician designated by the individual.
8-3 Sec. 5. RETENTION OF SAMPLE. A sample of genetic material
8-4 taken for a genetic test from an individual shall be destroyed
8-5 promptly after the purpose for which the sample was obtained is
8-6 accomplished unless:
8-7 (1) the sample is retained under a court order;
8-8 (2) the individual tested authorizes retention of the
8-9 sample for purposes of medical treatment or scientific research;
8-10 (3) for a sample obtained for research that is cleared
8-11 by an institutional review board, the sample is retained under the
8-12 requirements that the institutional review board imposes on a
8-13 specific research project or as authorized by the research
8-14 participant with institutional review board approval under federal
8-15 law; or
8-16 (4) the sample was obtained for a screening test
8-17 established by the Texas Department of Health and performed by that
8-18 department or by a laboratory approved by that department under
8-19 Section 33.011, Health and Safety Code.
8-20 SECTION 3. Section 1, Article 21.73, Insurance Code, is
8-21 amended to read as follows:
8-22 Sec. 1. DEFINITIONS. In this article:
8-23 (1) "DNA" means deoxyribonucleic acid.
8-24 (2) "Genetic characteristic" means a scientifically or
8-25 medically identifiable genetic or chromosomal variation,
8-26 composition, or alteration that predisposes an individual to a
9-1 disease, disorder, or syndrome.
9-2 (3) "Genetic information" means information that is:
9-3 (A) obtained from or based on a scientific or
9-4 medical determination of the presence or absence in an individual
9-5 of a genetic characteristic; or
9-6 (B) derived from the results of a genetic test
9-7 performed on that individual.
9-8 (4) [(3)] "Genetic test" means a presymptomatic
9-9 laboratory test of an individual's genes, gene products [DNA, RNA,
9-10 proteins], or chromosomes to identify by analysis of the
9-11 individual's DNA, RNA, proteins, or chromosomes [the] genetic
9-12 variations, compositions, [mutations] or alterations [in the DNA,
9-13 RNA, proteins, or chromosomes] that are associated with a
9-14 predisposition for a clinically recognized disease, [or] disorder,
9-15 or syndrome or to be a carrier of such a disease, disorder, or
9-16 syndrome. The term does not include:
9-17 (A) a blood test, cholesterol test, urine test,
9-18 or other physical test used for a purpose other than determining a
9-19 genetic or chromosomal variation, composition, or alteration in a
9-20 specific individual;
9-21 (B) a routine physical examination or a routine
9-22 test performed as a part of a physical examination;
9-23 [(B) a chemical, blood, or urine analysis;]
9-24 (C) a test to determine drug use; or
9-25 (D) a test for the presence of the human
9-26 immunodeficiency virus.
10-1 (5) [(4)] "Group health benefit plan" means a plan
10-2 described by Section 2 of this article.
10-3 (6) [(5)] "RNA" means ribonucleic acid.
10-4 SECTION 4. This Act takes effect September 1, 2001.
10-5 SECTION 5. The changes made to Article 9031, Revised
10-6 Statutes, as amended and renumbered by this Act, apply only to a
10-7 license issued or renewed by a licensing authority on or after the
10-8 effective date of this Act. A license issued or renewed before
10-9 that date is governed by the law in effect on the date the license
10-10 was issued or renewed, and the former law is continued in effect
10-11 for that purpose.
10-12 SECTION 6. Section 21.401, Labor Code, as amended by this
10-13 Act, applies only to a claim alleging an unlawful employment
10-14 practice that is filed with the Commission on Human Rights on or
10-15 after the effective date of this Act. A claim filed before that
10-16 date is governed by the law in effect on the date the claim was
10-17 filed, and the former law is continued in effect for that purpose.
10-18 SECTION 7. The changes to Article 21.73, Insurance Code,
10-19 made by this Act, apply only to a health insurance policy or an
10-20 evidence of coverage that is delivered, issued for delivery, or
10-21 renewed on or after January 1, 2002. A policy or evidence of
10-22 coverage that is delivered, issued for delivery, or renewed before
10-23 January 1, 2002, is governed by the law as it existed immediately
10-24 before the effective date of this Act, and that law is continued in
10-25 effect for that purpose.