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.