| 1 | | - | By: Bohac (Senate Sponsor - Creighton) H.B. No. 2390 |
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| 2 | | - | (In the Senate - Received from the House May 6, 2015; |
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| 3 | | - | May 7, 2015, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 21, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 9, Nays 0; May 21, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2390 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to civil liability arising from an employee wellness |
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| 12 | 6 | | program. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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| 15 | 9 | | amended by adding Chapter 142A to read as follows: |
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| 16 | 10 | | CHAPTER 142A. LIMITATION ON LIABILITY FOR CERTAIN PROGRAMS |
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| 17 | 11 | | Sec. 142A.001. DEFINITIONS. In this chapter: |
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| 18 | 12 | | (1) "Employee" means a person who, for compensation, |
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| 19 | 13 | | performs services for an employer under a written or oral contract, |
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| 20 | 14 | | whether express or implied. |
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| 21 | 15 | | (2) "Employee wellness program" means a program |
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| 22 | 16 | | established by an employer that provides an incentive to an |
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| 23 | 17 | | employee that promotes wellness or a healthy lifestyle. |
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| 24 | 18 | | Sec. 142A.002. LIMITATION ON LIABILITY FOR WELLNESS |
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| 25 | 19 | | PROGRAMS. (a) A civil action may not be brought against an |
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| 26 | 20 | | employer for establishing, maintaining, or requiring participation |
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| 27 | 21 | | in an employee wellness program unless: |
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| 28 | 22 | | (1) the program discriminates on the basis of a prior |
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| 29 | 23 | | medical condition, gender, age, or income level; or |
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| 30 | 24 | | (2) the cause of action is based on intentional or |
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| 31 | 25 | | reckless conduct. |
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| 32 | 26 | | (b) This section does not create a cause of action or expand |
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| 33 | 27 | | an existing cause of action. |
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| 34 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 29 | | to a cause of action that accrues on or after the effective date of |
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| 36 | 30 | | this Act. A cause of action that accrues before the effective date |
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| 37 | 31 | | of this Act is governed by the law in effect immediately before the |
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| 38 | 32 | | effective date of this Act, and that law is continued in effect for |
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| 39 | 33 | | that purpose. |
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| 40 | 34 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 41 | | - | * * * * * |
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| 35 | + | ______________________________ ______________________________ |
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| 36 | + | President of the Senate Speaker of the House |
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| 37 | + | I certify that H.B. No. 2390 was passed by the House on May 5, |
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| 38 | + | 2015, by the following vote: Yeas 145, Nays 0, 2 present, not |
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| 39 | + | voting. |
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| 40 | + | ______________________________ |
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| 41 | + | Chief Clerk of the House |
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| 42 | + | I certify that H.B. No. 2390 was passed by the Senate on May |
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| 43 | + | 26, 2015, by the following vote: Yeas 30, Nays 1. |
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| 44 | + | ______________________________ |
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| 45 | + | Secretary of the Senate |
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| 46 | + | APPROVED: _____________________ |
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| 47 | + | Date |
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| 48 | + | _____________________ |
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| 49 | + | Governor |
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