| 1 | 1 | | 88R427 KKR-D |
|---|
| 2 | 2 | | By: Toth H.B. No. 138 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to an employee's right to privacy of personal health |
|---|
| 8 | 8 | | information; providing a civil penalty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
|---|
| 11 | 11 | | adding Chapter 25 to read as follows: |
|---|
| 12 | 12 | | CHAPTER 25. PRIVACY OF PERSONAL HEALTH INFORMATION |
|---|
| 13 | 13 | | Sec. 25.001. DEFINITIONS. In this chapter: |
|---|
| 14 | 14 | | (1) "Commission" means the Texas Workforce |
|---|
| 15 | 15 | | Commission. |
|---|
| 16 | 16 | | (2) "Employee" means an individual who is employed by |
|---|
| 17 | 17 | | an employer for compensation. |
|---|
| 18 | 18 | | (3) "Employer" means a person who employs one or more |
|---|
| 19 | 19 | | employees. The term includes a public employer. |
|---|
| 20 | 20 | | Sec. 25.002. RIGHT TO PRIVACY OF PERSONAL HEALTH |
|---|
| 21 | 21 | | INFORMATION. (a) An employee has the right to keep the employee's |
|---|
| 22 | 22 | | personal health information private and is not required to disclose |
|---|
| 23 | 23 | | that information to the employee's employer unless the disclosure |
|---|
| 24 | 24 | | is required by state or federal law. |
|---|
| 25 | 25 | | (b) An employer may not take an adverse employment action or |
|---|
| 26 | 26 | | discriminate against an employee who exercises the right described |
|---|
| 27 | 27 | | by Subsection (a). |
|---|
| 28 | 28 | | Sec. 25.003. COMPLAINT; ENFORCEMENT. (a) An employee |
|---|
| 29 | 29 | | aggrieved by a violation of this chapter may file a claim with the |
|---|
| 30 | 30 | | commission in the manner prescribed by Chapter 21. A complaint |
|---|
| 31 | 31 | | filed under this section is subject to Subchapters E and F, Chapter |
|---|
| 32 | 32 | | 21. |
|---|
| 33 | 33 | | (b) The commission shall enforce this chapter in accordance |
|---|
| 34 | 34 | | with Chapter 21. |
|---|
| 35 | 35 | | Sec. 25.004. CIVIL PENALTY. (a) An employer who violates |
|---|
| 36 | 36 | | an employee's right prescribed by this chapter is liable for a civil |
|---|
| 37 | 37 | | penalty in the amount of $50,000 for each violation. Civil |
|---|
| 38 | 38 | | penalties assessed under this chapter shall be deposited in the |
|---|
| 39 | 39 | | general revenue fund. |
|---|
| 40 | 40 | | (b) The attorney general may bring an action to collect the |
|---|
| 41 | 41 | | civil penalty imposed under Subsection (a). |
|---|
| 42 | 42 | | SECTION 2. Chapter 25, Labor Code, as added by this Act, |
|---|
| 43 | 43 | | applies only to an adverse employment practice that occurs on or |
|---|
| 44 | 44 | | after the effective date of this Act. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|