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AN ACT
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relating to civil liability arising from an employee wellness |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 142A to read as follows: |
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CHAPTER 142A. LIMITATION ON LIABILITY FOR CERTAIN PROGRAMS |
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Sec. 142A.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means a person who, for compensation, |
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performs services for an employer under a written or oral contract, |
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whether express or implied. |
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(2) "Employee wellness program" means a program |
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established by an employer that provides an incentive to an |
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employee that promotes wellness or a healthy lifestyle. |
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Sec. 142A.002. LIMITATION ON LIABILITY FOR WELLNESS |
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PROGRAMS. (a) A civil action may not be brought against an |
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employer for establishing, maintaining, or requiring participation |
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in an employee wellness program unless: |
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(1) the program discriminates on the basis of a prior |
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medical condition, gender, age, or income level; or |
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(2) the cause of action is based on intentional or |
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reckless conduct. |
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(b) This section does not create a cause of action or expand |
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an existing cause of action. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2390 was passed by the House on May 5, |
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2015, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2390 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |