By Nelson S.B. No. 13
77R1009 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition of discrimination in the determination of
1-3 eligibility for employment, occupational licenses, and health
1-4 insurance coverage based on the use of certain genetic
1-5 characteristics.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 21.401, Labor Code, is amended to read as
1-8 follows:
1-9 Sec. 21.401. DEFINITIONS. In this subchapter:
1-10 (1) "DNA" means deoxyribonucleic acid.
1-11 (2) "Genetic characteristic" means a scientifically or
1-12 medically identifiable gene or chromosome, or an alteration of such
1-13 a gene or chromosome, that:
1-14 (A) is scientifically or medically believed to:
1-15 (i) predispose an individual to a disease,
1-16 disorder, or syndrome; or
1-17 (ii) be associated with a statistically
1-18 significant increased risk of development of a disease, disorder,
1-19 or syndrome; and
1-20 (B) is not associated with any symptom of an
1-21 ongoing disease, disorder, or syndrome affecting an individual on
1-22 the date that genetic information is obtained regarding that
1-23 individual.
1-24 (3) "Genetic information" means information that is:
2-1 (A) obtained from or based on a scientific or
2-2 medical determination of the presence or absence in an individual
2-3 of a genetic characteristic; or
2-4 (B) derived from the results of a genetic test
2-5 performed on that individual.
2-6 (4) [(3)] "Genetic test" means a presymptomatic
2-7 laboratory test of an individual's genes, gene products, [DNA, RNA,
2-8 proteins,] or chromosomes to determine the presence or absence of a
2-9 gene, or to identify by analysis of the individual's DNA, RNA,
2-10 proteins, or chromosomes, [the] genetic mutations or alterations
2-11 [in the DNA, RNA, proteins, or chromosomes] that are associated
2-12 with a statistically increased risk to develop [predisposition for]
2-13 a clinically recognized disease, [or] disorder, or syndrome or to
2-14 be a carrier of such a disease, disorder, or syndrome. The term
2-15 does not include a blood test, cholesterol test, urine test, or
2-16 other physical test used for a purpose other than determining the
2-17 presence or absence of a gene in a specific individual[:]
2-18 [(A) a routine physical examination or a routine
2-19 test performed as a part of a physical examination;]
2-20 [(B) a chemical, blood, or urine analysis;]
2-21 [(C) a test to determine drug use; or]
2-22 [(D) a test for the presence of the human
2-23 immunodeficiency virus].
2-24 (5) [(4)] "RNA" means ribonucleic acid.
2-25 SECTION 2. Section 1, Article 21.73, Insurance Code, is
2-26 amended to read as follows:
2-27 Sec. 1. DEFINITIONS. In this article:
3-1 (1) "DNA" means deoxyribonucleic acid.
3-2 (2) "Genetic characteristic" means a scientifically or
3-3 medically identifiable gene or chromosome, or an alteration of such
3-4 a gene or chromosome, that:
3-5 (A) is scientifically or medically believed to:
3-6 (i) predispose an individual to a disease,
3-7 disorder, or syndrome; or
3-8 (ii) be associated with a statistically
3-9 significant increased risk of development of a disease, disorder,
3-10 or syndrome; and
3-11 (B) is not associated with any symptom of an
3-12 ongoing disease, disorder, or syndrome affecting an individual on
3-13 the date that genetic information is obtained regarding that
3-14 individual.
3-15 (3) "Genetic information" means information that is:
3-16 (A) obtained from or based on a scientific or
3-17 medical determination of the presence or absence in an individual
3-18 of a genetic characteristic; or
3-19 (B) derived from the results of a genetic test
3-20 performed on that individual.
3-21 (4) [(3)] "Genetic test" means a presymptomatic
3-22 laboratory test of an individual's genes, gene products, [DNA, RNA,
3-23 proteins,] or chromosomes to determine the presence or absence of a
3-24 gene, or to identify by analysis of the individual's DNA, RNA,
3-25 proteins, or chromosomes, [the] genetic mutations or alterations
3-26 [in the DNA, RNA, proteins, or chromosomes] that are associated
3-27 with a statistically increased risk to develop [predisposition for]
4-1 a clinically recognized disease, [or] disorder, or syndrome or to
4-2 be a carrier of such a disease, disorder, or syndrome. The term
4-3 does not include a blood test, cholesterol test, urine test, or
4-4 other physical test used for a purpose other than determining the
4-5 presence or absence of a gene in a specific individual[:]
4-6 [(A) a routine physical examination or a routine
4-7 test performed as a part of a physical examination;]
4-8 [(B) a chemical, blood, or urine analysis;]
4-9 [(C) a test to determine drug use; or]
4-10 [(D) a test for the presence of the human
4-11 immunodeficiency virus].
4-12 (5) [(4)] "Group health benefit plan" means a plan
4-13 described by Section 2 of this article.
4-14 (6) [(5)] "RNA" means ribonucleic acid.
4-15 SECTION 3. Section 1, Article 9031, Revised Statutes, as
4-16 added by Chapter 1215, Acts of the 75th Legislature, Regular
4-17 Session, 1997, is amended to read as follows:
4-18 Sec. 1. DEFINITIONS. In this article:
4-19 (1) "DNA" means deoxyribonucleic acid.
4-20 (2) "Genetic characteristic" means a scientifically or
4-21 medically identifiable gene or chromosome, or an alteration of such
4-22 a gene or chromosome, that:
4-23 (A) is scientifically or medically believed to:
4-24 (i) predispose an individual to a disease,
4-25 disorder, or syndrome; or
4-26 (ii) be associated with a statistically
4-27 significant increased risk of development of a disease, disorder,
5-1 or syndrome; and
5-2 (B) is not associated with any symptom of an
5-3 ongoing disease, disorder, or syndrome affecting an individual on
5-4 the date that genetic information is obtained regarding that
5-5 individual.
5-6 (3) "Genetic information" means information that is:
5-7 (A) obtained from or based on a scientific or
5-8 medical determination of the presence or absence in an individual
5-9 of a genetic characteristic; or
5-10 (B) derived from the results of a genetic test
5-11 performed on that individual.
5-12 (4) [(3)] "Genetic test" means a presymptomatic
5-13 laboratory test of an individual's genes, gene products [DNA, RNA,
5-14 proteins], or chromosomes to determine the presence or absence of a
5-15 gene, or to identify by analysis of the individual's DNA, RNA,
5-16 proteins, or chromosomes, [the] genetic mutations or alterations
5-17 [in the DNA, RNA, proteins, or chromosomes] that are associated
5-18 with a statistically increased risk to develop [predisposition for]
5-19 a clinically recognized disease, [or] disorder, or syndrome or to
5-20 be a carrier of such a disease, disorder, or syndrome. The term
5-21 does not include a blood test, cholesterol test, urine test, or
5-22 other test used for a purpose other than determining the presence
5-23 or absence of a gene in a specific individual[:]
5-24 [(A) a routine physical examination or a routine
5-25 test performed as a part of a physical examination;]
5-26 [(B) a chemical, blood, or urine analysis;]
5-27 [(C) a test to determine drug use; or]
6-1 [(D) a test for the presence of the human
6-2 immunodeficiency virus].
6-3 (5) [(4)] "Licensing authority" means a state agency
6-4 or political subdivision that issues an occupational license.
6-5 (6) [(5)] "Occupational license" means a license,
6-6 certificate, registration, permit, or other form of authorization
6-7 required by law or rule that must be obtained by an individual to
6-8 engage in a particular business or occupation.
6-9 (7) [(6)] "Political subdivision" means a
6-10 municipality, county, or special district or authority. The term
6-11 includes a school district.
6-12 (8) [(7)] "RNA" means ribonucleic acid.
6-13 (9) [(8)] "State agency" means a department, board,
6-14 bureau, commission, committee, division, office, council, or agency
6-15 in the executive or judicial branch of state government.
6-16 SECTION 4. This Act takes effect September 1, 2001.
6-17 SECTION 5. Section 21.401, Labor Code, as amended by this
6-18 Act, applies only to a perfected complaint filed with the
6-19 Commission on Human Rights on or after the effective date of this
6-20 Act. A perfected complaint filed before that date is governed by
6-21 the law in effect on the date that the complaint was filed, and the
6-22 former law is continued in effect for that purpose.
6-23 SECTION 6. Section 1, Article 21.73, Insurance Code, as
6-24 amended by this Act, applies only to a health insurance policy or
6-25 an evidence of coverage that is delivered, issued for delivery, or
6-26 renewed on or after January 1, 2002. A policy or evidence of
6-27 coverage that is delivered, issued for delivery, or renewed before
7-1 January 1, 2002, is governed by the law as it existed immediately
7-2 before the effective date of this Act, and that law is continued in
7-3 effect for that purpose.
7-4 SECTION 7. Section 1, Article 9031, Revised Statutes, as
7-5 added by Chapter 1215, Acts of the 75th Legislature, Regular
7-6 Session, 1997, and amended by this Act, applies only to a license
7-7 issued or renewed by a licensing authority on or after the
7-8 effective date of this Act. A license issued or renewed before
7-9 that date is governed by the law in effect on the date the license
7-10 was issued or renewed, and the former law is continued in effect
7-11 for that purpose.