1-1 By: Nelson, Lucio S.B. No. 12
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Business and Commerce;
1-4 April 9, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 9, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 12 By: Fraser
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a prohibition of discrimination based on the use of
1-11 certain information in the determination of eligibility for
1-12 employment, an occupational license, or insurance coverage.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 21.401, Labor Code, is amended to read as
1-15 follows:
1-16 Sec. 21.401. DEFINITIONS. In this subchapter:
1-17 (1) "DNA" means deoxyribonucleic acid.
1-18 (2) "Family health history" means a history taken by a
1-19 physician or genetic professional to ascertain genetic or medical
1-20 information about an individual's family.
1-21 (3) "Genetic characteristic" means a scientifically or
1-22 medically identifiable genetic or chromosomal variation,
1-23 composition, or alteration that:
1-24 (A) is scientifically or medically believed to:
1-25 (i) predispose an individual to a disease,
1-26 disorder, or syndrome; or
1-27 (ii) be associated with a statistically
1-28 significant increased risk of development of a disease, disorder,
1-29 or syndrome; and
1-30 (B) may or may not be associated with any
1-31 symptom of an ongoing disease, disorder, or syndrome affecting an
1-32 individual on the date that genetic information is obtained
1-33 regarding that individual.
1-34 (4) "Genetic information" means information that is:
1-35 (A) obtained from or based on a scientific or
1-36 medical determination of the presence or absence in an individual
1-37 of a genetic characteristic; or
1-38 (B) derived from the results of a genetic test
1-39 performed on, or a family health history obtained from, that
1-40 individual.
1-41 (5) [(3)] "Genetic test" means a presymptomatic
1-42 laboratory test of an individual's genes, gene products [DNA, RNA,
1-43 proteins], or chromosomes to identify by analysis of the
1-44 individual's DNA, RNA, proteins, or chromosomes [the] genetic
1-45 variations, compositions, [mutations] or alterations [in the DNA,
1-46 RNA, proteins, or chromosomes] that are associated with a
1-47 statistically increased risk to develop [predisposition for] a
1-48 clinically recognized disease, [or] disorder, or syndrome or to be
1-49 a carrier of such a disease, disorder, or syndrome. The term does
1-50 not include a blood test, cholesterol test, urine test, or other
1-51 physical test used for a purpose other than determining a genetic
1-52 or chromosomal variation, composition, or alteration in a specific
1-53 individual[:]
1-54 [(A) a routine physical examination or a routine
1-55 test performed as a part of a physical examination;]
1-56 [(B) a chemical, blood, or urine analysis;]
1-57 [(C) a test to determine drug use; or]
1-58 [(D) a test for the presence of the human
1-59 immunodeficiency virus].
1-60 (6) [(4)] "RNA" means ribonucleic acid.
1-61 SECTION 2. Article 9031, Revised Statutes, as added by
1-62 Section 2, Chapter 1215, Acts of the 75th Legislature, Regular
1-63 Session, 1997, is renumbered as Article 9032, Revised Statutes, and
1-64 amended to read as follows:
2-1 Art. 9032 [9031]. PROHIBITED USE OF GENETIC INFORMATION
2-2 Sec. 1. DEFINITIONS. In this article:
2-3 (1) "DNA" means deoxyribonucleic acid.
2-4 (2) "Family health history" means a history taken by a
2-5 physician or genetic professional to ascertain genetic or medical
2-6 information about an individual's family.
2-7 (3) "Genetic characteristic" means a scientifically or
2-8 medically identifiable genetic or chromosomal variation,
2-9 composition, or alteration that:
2-10 (A) is scientifically or medically believed to:
2-11 (i) predispose an individual to a disease,
2-12 disorder, or syndrome; or
2-13 (ii) be associated with a statistically
2-14 significant increased risk of development of a disease, disorder,
2-15 or syndrome; and
2-16 (B) may or may not be associated with any
2-17 symptom of an ongoing disease, disorder, or syndrome affecting an
2-18 individual on the date that genetic information is obtained
2-19 regarding that individual.
2-20 (4) "Genetic information" means information that is:
2-21 (A) obtained from or based on a scientific or
2-22 medical determination of the presence or absence in an individual
2-23 of a genetic characteristic; or
2-24 (B) derived from the results of a genetic test
2-25 performed on, or a family health history obtained from, that
2-26 individual.
2-27 (5) [(3)] "Genetic test" means a presymptomatic
2-28 laboratory test of an individual's genes, gene products [DNA, RNA,
2-29 proteins], or chromosomes to identify by analysis of the
2-30 individual's DNA, RNA, proteins, or chromosomes [the] genetic
2-31 variations, compositions, [mutations] or alterations [in the DNA,
2-32 RNA, proteins, or chromosomes] that are associated with a
2-33 statistically increased risk to develop [predisposition for] a
2-34 clinically recognized disease, [or] disorder, or syndrome or to be
2-35 a carrier of such a disease, disorder, or syndrome. The term does
2-36 not include a blood test, cholesterol test, urine test, or other
2-37 physical test used for a purpose other than determining a genetic
2-38 or chromosomal variation, composition, or alteration in a specific
2-39 individual[:]
2-40 [(A) a routine physical examination or a routine
2-41 test performed as a part of a physical examination;]
2-42 [(B) a chemical, blood, or urine analysis;]
2-43 [(C) a test to determine drug use; or]
2-44 [(D) a test for the presence of the human
2-45 immunodeficiency virus].
2-46 (6) [(4)] "Licensing authority" means a state agency
2-47 or political subdivision that issues an occupational license.
2-48 (7) [(5)] "Occupational license" means a license,
2-49 certificate, registration, permit, or other form of authorization
2-50 required by law or rule that must be obtained by an individual to
2-51 engage in a particular business or occupation.
2-52 (8) [(6)] "Political subdivision" means a
2-53 municipality, county, or special district or authority. The term
2-54 includes a school district.
2-55 (9) [(7)] "RNA" means ribonucleic acid.
2-56 (10) [(8)] "State agency" means a department, board,
2-57 bureau, commission, committee, division, office, council, or agency
2-58 in the executive or judicial branch of state government.
2-59 Sec. 2. PROHIBITIONS [GENETIC TESTING REQUIREMENT
2-60 PROHIBITED]. A licensing authority may not deny an application for
2-61 an occupational license, suspend, revoke, or refuse to renew an
2-62 occupational license, or take any other disciplinary action against
2-63 a license holder based on the refusal of the license applicant or
2-64 license holder to:
2-65 (1) submit to a genetic test; [or]
2-66 (2) submit a family health history; or
2-67 (3) reveal:
2-68 (A) whether the applicant or holder has
2-69 submitted to a genetic test; or
3-1 (B) the results of any genetic test to which the
3-2 applicant or holder has submitted.
3-3 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except
3-4 as provided by Subsections (c) and (d) of this section, genetic
3-5 information is confidential and privileged regardless of the source
3-6 of the information. A person or entity that holds that information
3-7 may not disclose or be compelled to disclose, by subpoena or
3-8 otherwise, genetic information about an individual unless the
3-9 disclosure is specifically authorized by the individual as provided
3-10 by Subsection (b) of this section. This subsection applies to a
3-11 redisclosure of genetic information by a secondary recipient of the
3-12 information after disclosure of the information by an initial
3-13 recipient.
3-14 (b) An individual or the legal representative of an
3-15 individual may authorize the disclosure of genetic information
3-16 relating to that individual through a written authorization that
3-17 includes:
3-18 (1) a description of the information to be disclosed;
3-19 (2) the name of the person or entity to whom the
3-20 disclosure is made; and
3-21 (3) the purpose for the disclosure.
3-22 (c) Subject to Subchapter G, Chapter 411, Government Code,
3-23 genetic information relating to an individual may be disclosed
3-24 without the authorization required under Subsection (b) of this
3-25 section if the disclosure is:
3-26 (1) authorized under a state or federal criminal law
3-27 relating to:
3-28 (A) the identification of individuals; or
3-29 (B) a criminal or juvenile proceeding, an
3-30 inquest, or a child fatality review by a multidisciplinary
3-31 child-abuse team;
3-32 (2) required under a specific order of a state or
3-33 federal court;
3-34 (3) authorized under a state or federal law to
3-35 establish paternity;
3-36 (4) made to furnish genetic information relating to a
3-37 decedent to the blood relatives of the decedent for the purpose of
3-38 medical diagnosis; or
3-39 (5) made to identify a decedent.
3-40 (d) In addition to the exceptions under Subsection (c) of
3-41 this section, genetic information relating to an individual may be
3-42 disclosed without the authorization required under Subsection (b)
3-43 of this section if:
3-44 (1) the disclosure is for information from a research
3-45 study in which the procedure for obtaining informed written consent
3-46 and use of the information is governed by national standards for
3-47 protecting participants involved in research projects, including
3-48 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
3-49 (2) the information does not identify a particular
3-50 individual; and
3-51 (3) the information is provided to the Texas
3-52 Department of Health to comply with Chapter 87, Health and Safety
3-53 Code.
3-54 Sec. 4. RIGHT TO KNOW TEST RESULTS. An individual who
3-55 submits to a genetic test has the right to know the results of that
3-56 test. On the written request of the individual, the entity that
3-57 performed the test shall disclose the test results to the
3-58 individual or to a physician designated by the individual.
3-59 Sec. 5. RETENTION OF SAMPLE. A sample of genetic material
3-60 taken for a genetic test from an individual shall be destroyed
3-61 promptly after the purpose for which the sample was obtained is
3-62 accomplished unless:
3-63 (1) the sample is retained under a court order;
3-64 (2) the individual tested authorizes retention of the
3-65 sample for purposes of medical treatment or scientific research;
3-66 (3) for a sample obtained for research that is cleared
3-67 by an institutional review board, the sample is retained under the
3-68 requirements that the institutional review board imposes on a
3-69 specific research project or as authorized by the research
4-1 participant with institutional review board approval under federal
4-2 law; or
4-3 (4) the sample was obtained for a screening test
4-4 established by the Texas Department of Health and performed by that
4-5 department or by a laboratory approved by that department under
4-6 Section 33.011, Health and Safety Code.
4-7 SECTION 3. Section 1, Article 21.73, Insurance Code, is
4-8 amended to read as follows:
4-9 Sec. 1. DEFINITIONS. In this article:
4-10 (1) "DNA" means deoxyribonucleic acid.
4-11 (2) "Genetic characteristic" means a scientifically or
4-12 medically identifiable genetic or chromosomal variation,
4-13 composition, or alteration that predisposes an individual to a
4-14 disease, disorder, or syndrome.
4-15 (3) "Genetic information" means information that is:
4-16 (A) obtained from or based on a scientific or
4-17 medical determination of the presence or absence in an individual
4-18 of a genetic characteristic; or
4-19 (B) derived from the results of a genetic test
4-20 performed on that individual.
4-21 (4) [(3)] "Genetic test" means a presymptomatic
4-22 laboratory test of an individual's genes, gene products [DNA, RNA,
4-23 proteins], or chromosomes to identify by analysis of the
4-24 individual's DNA, RNA, proteins, or chromosomes [the] genetic
4-25 variations, compositions, [mutations] or alterations [in the DNA,
4-26 RNA, proteins, or chromosomes] that are associated with a
4-27 predisposition for a clinically recognized disease, [or] disorder,
4-28 or syndrome or to be a carrier of such a disease, disorder, or
4-29 syndrome. The term does not include:
4-30 (A) a blood test, cholesterol test, urine test,
4-31 or other physical test used for a purpose other than determining a
4-32 genetic or chromosomal variation, composition, or alteration in a
4-33 specific individual;
4-34 (B) a routine physical examination or a routine
4-35 test performed as a part of a physical examination;
4-36 [(B) a chemical, blood, or urine analysis;]
4-37 (C) a test to determine drug use; or
4-38 (D) a test for the presence of the human
4-39 immunodeficiency virus.
4-40 (5) [(4)] "Group health benefit plan" means a plan
4-41 described by Section 2 of this article.
4-42 (6) [(5)] "RNA" means ribonucleic acid.
4-43 SECTION 4. This Act takes effect September 1, 2001.
4-44 SECTION 5. The changes made to Article 9031, Revised
4-45 Statutes, as amended and renumbered by this Act, apply only to a
4-46 license issued or renewed by a licensing authority on or after the
4-47 effective date of this Act. A license issued or renewed before
4-48 that date is governed by the law in effect on the date the license
4-49 was issued or renewed, and the former law is continued in effect
4-50 for that purpose.
4-51 SECTION 6. Section 21.401, Labor Code, as amended by this
4-52 Act, applies only to a claim alleging an unlawful employment
4-53 practice that is filed with the Commission on Human Rights on or
4-54 after the effective date of this Act. A claim filed before that
4-55 date is governed by the law in effect on the date the claim was
4-56 filed, and the former law is continued in effect for that purpose.
4-57 SECTION 7. The changes to Article 21.73, Insurance Code,
4-58 made by this Act, apply only to a health insurance policy or an
4-59 evidence of coverage that is delivered, issued for delivery, or
4-60 renewed on or after January 1, 2002. A policy or evidence of
4-61 coverage that is delivered, issued for delivery, or renewed before
4-62 January 1, 2002, is governed by the law as it existed immediately
4-63 before the effective date of this Act, and that law is continued in
4-64 effect for that purpose.
4-65 * * * * *