88R427 KKR-D
By: Toth H.B. No. 138
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 September 1, 2023.