By: Toth H.B. No. 123
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an employee's right to privacy of personal health
  information; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
  adding Chapter 25 to read as follows:
  CHAPTER 25. PRIVACY OF PERSONAL HEALTH INFORMATION
         Sec. 25.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Workforce
  Commission.
               (2)  "Employee" means an individual who is employed by
  an employer for compensation.
               (3)  "Employer" means a person who employs one or more
  employees. The term includes a public employer.
         Sec. 25.002.  RIGHT TO PRIVACY OF PERSONAL HEALTH
  INFORMATION. (a) An employee has the right to keep the employee's
  personal health information private and is not required to disclose
  that information to the employee's employer unless the disclosure
  is required by state or federal law.
         (b)  An employer may not take an adverse employment action or
  discriminate against an employee who exercises the right described
  by Subsection (a).
         Sec. 25.003.  COMPLAINT; ENFORCEMENT. (a) An employee
  aggrieved by a violation of this chapter may file a claim with the
  commission in the manner prescribed by Chapter 21. A complaint
  filed under this section is subject to Subchapters E and F, Chapter
  21.
         (b)  The commission shall enforce this chapter in accordance
  with Chapter 21.
         Sec. 25.004.  CIVIL PENALTY. (a) An employer who violates
  an employee's right prescribed by this chapter is liable for a civil
  penalty in the amount of $50,000 for each violation. Civil
  penalties assessed under this chapter shall be deposited in the
  general revenue fund.
         (b)  The attorney general may bring an action to collect the
  civil penalty imposed under Subsection (a).
         SECTION 2.  Chapter 25, Labor Code, as added by this Act,
  applies only to an adverse employment practice that occurs on or
  after the effective date of this Act.
         SECTION 3.  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 on the 91st day after the last day of legislative
  session.