By: Bohac (Senate Sponsor - Creighton) H.B. No. 2390
(In the Senate - Received from the House May 6, 2015;
May 7, 2015, read first time and referred to Committee on State
Affairs; May 21, 2015, reported favorably by the following vote:
Yeas 9, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to civil liability arising from an employee wellness
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 142A to read as follows:
CHAPTER 142A. LIMITATION ON LIABILITY FOR CERTAIN PROGRAMS
Sec. 142A.001. DEFINITIONS. In this chapter:
(1) "Employee" means a person who, for compensation,
performs services for an employer under a written or oral contract,
whether express or implied.
(2) "Employee wellness program" means a program
established by an employer that provides an incentive to an
employee that promotes wellness or a healthy lifestyle.
Sec. 142A.002. LIMITATION ON LIABILITY FOR WELLNESS
PROGRAMS. (a) A civil action may not be brought against an
employer for establishing, maintaining, or requiring participation
in an employee wellness program unless:
(1) the program discriminates on the basis of a prior
medical condition, gender, age, or income level; or
(2) the cause of action is based on intentional or
reckless conduct.
(b) This section does not create a cause of action or expand
an existing cause of action.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2015.
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