S.B. 1614 78(R)    BILL ANALYSIS


S.B. 1614
By: Ellis, Rodney
Economic Development
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, no federal law specifically addresses the disclosure of genetic
information, leaving the issue to the states.  Without adequate
safeguards, genetic information could be misused.  As proposed, S.B. 1614
provides that a person who discloses genetic information will be liable
for a civil penalty of not more than $10,000 and authorizes the attorney
general to bring an action in the name of the state to recover the
penalty, plus attorney's fees and court costs. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SB 1614 amends Section 21.403, Labor Code, by adding Subsection (e) to
provide that a person who discloses genetic information in violation of
this section is liable for a  civil penalty of not more than $10,000.
Authorizes the attorney general to bring an action in the name of the
state to recover the penalty, plus reasonable attorney's fees and court
costs. 

SB 1614 amends Section 3, Article 9032, Revised Statutes, by adding
Subsection (e) to provide that a person who discloses genetic information
in violation of this section is liable for a  civil penalty of not more
than $10,000.  Authorizes the attorney general to bring an action in the
name of the state to recover the penalty, plus reasonable attorney's fees
and court costs. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.