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A BILL TO BE ENTITLED
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AN ACT
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relating to an employee's right to privacy of personal health |
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information; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 25 to read as follows: |
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CHAPTER 25. PRIVACY OF PERSONAL HEALTH INFORMATION |
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Sec. 25.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Employee" means an individual who is employed by |
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an employer for compensation. |
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(3) "Employer" means a person who employs one or more |
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employees. The term includes a public employer. |
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Sec. 25.002. RIGHT TO PRIVACY OF PERSONAL HEALTH |
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INFORMATION. (a) An employee has the right to keep the employee's |
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personal health information private and is not required to disclose |
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that information to the employee's employer unless the disclosure |
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is required by state or federal law. |
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(b) An employer may not take an adverse employment action or |
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discriminate against an employee who exercises the right described |
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by Subsection (a). |
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Sec. 25.003. COMPLAINT; ENFORCEMENT. (a) An employee |
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aggrieved by a violation of this chapter may file a claim with the |
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commission in the manner prescribed by Chapter 21. A complaint |
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filed under this section is subject to Subchapters E and F, Chapter |
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21. |
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(b) The commission shall enforce this chapter in accordance |
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with Chapter 21. |
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Sec. 25.004. CIVIL PENALTY. (a) An employer who violates |
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an employee's right prescribed by this chapter is liable for a civil |
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penalty in the amount of $50,000 for each violation. Civil |
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penalties assessed under this chapter shall be deposited in the |
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general revenue fund. |
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(b) The attorney general may bring an action to collect the |
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civil penalty imposed under Subsection (a). |
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SECTION 2. Chapter 25, Labor Code, as added by this Act, |
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applies only to an adverse employment practice that occurs on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of legislative |
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session. |