78R1527 DLF-D

By:  Ellis                                                        S.B. No. 1614



A BILL TO BE ENTITLED

AN ACT

relating to imposing a civil penalty for violation of certain 
restrictions relating to genetic information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.403, Labor Code, is amended by adding 
Subsection (e) to read as follows:
	(e)  A person who discloses genetic information in violation 
of this section is liable for a  civil penalty of not more than 
$10,000. The attorney general may bring an action in the name of the 
state to recover the penalty, plus reasonable attorney's fees and 
court costs.
	SECTION 2.  Section 3, Article 9032, Revised Statutes, is 
amended by adding Subsection (e) to read as follows:
	(e)  A person who discloses genetic information in violation 
of this section is liable for a  civil penalty of not more than 
$10,000. The attorney general may bring an action in the name of the 
state to recover the penalty, plus reasonable attorney's fees and 
court costs.
	SECTION 3.  The change in law made by this Act applies only 
to a disclosure of genetic information made on or after the 
effective date of this Act.  A disclosure of genetic information 
made before the effective date of this Act is governed by the law as 
it existed immediately before that date, and that law is continued 
in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.