78R2411 JMM-D
By: Chisum H.B. No. 328
A BILL TO BE ENTITLED
AN ACT
relating to certain information that may be obtained by a
prospective employer from an applicant for employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
by adding Section 21.1195 to read as follows:
Sec. 21.1195. MEDICAL INFORMATION OBTAINED BY PROSPECTIVE
EMPLOYER. An employer does not commit an unlawful employment
practice if the employer requests an applicant for employment to
provide information regarding any injury, disability, or other
medical condition of the applicant that directly relates to a bona
fide occupational qualification.
SECTION 2. Subchapter C, Chapter 401, Labor Code, is
amended by adding Section 401.025 to read as follows:
Sec. 401.025. EMPLOYER INQUIRY REGARDING EMPLOYEE'S PRIOR
CLAIMS; FORFEITURE OF BENEFITS. (a) This subtitle does not
prohibit an employer from asking an employee about the existence of
any workers' compensation claim for which the employee was paid
benefits in this or any other state while the employee was employed
by a prior employer. An employee who is asked about prior claims,
injuries, disabilities, or other medical conditions as described by
this section must answer truthfully.
(b) An employee's failure to truthfully answer a medical
inquiry made by an employer as permitted by Section 21.1195
subjects the employee to the forfeiture of benefits if the medical
condition for which the claim for benefits is made is related to a
medical condition, disability, or injury that was not disclosed.
SECTION 3. Section 402.088(b), Labor Code, is amended to
read as follows:
(b) If the commission finds that the applicant has made an
[two or more general] injury claim [claims] in the preceding five
years, the commission shall release the date and description of
each injury to the employer.
SECTION 4. Subchapter E, Chapter 402, Labor Code, is
amended by adding Section 402.0885 to read as follows:
Sec. 402.0885. PROSPECTIVE EMPLOYER IMMUNE FROM CERTAIN
LIABILITY. A prospective employer who receives information under
this subchapter regarding a prior injury of an applicant for
employment is not liable in a suit for damages solely because the
prospective employer relied on the information in deciding not to
hire the applicant.
SECTION 5. Section 402.088(e), Labor Code, is repealed.
SECTION 6. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies to an
application for employment made on or after the effective date of
this Act. An application for employment made before the effective
date of this Act is governed by the law in effect on the date the
application was made, and the former law is continued in effect for
that purpose.