| 1 | 1 | | By: Toth H.B. No. 52 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to an employee's right to privacy of personal health |
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| 7 | 7 | | information; providing a civil penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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| 10 | 10 | | adding Chapter 25 to read as follows: |
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| 11 | 11 | | CHAPTER 25. PRIVACY OF PERSONAL HEALTH INFORMATION |
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| 12 | 12 | | Sec. 25.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Commission" means the Texas Workforce |
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| 14 | 14 | | Commission. |
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| 15 | 15 | | (2) "Employee" means an individual who is employed by |
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| 16 | 16 | | an employer for compensation. |
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| 17 | 17 | | (3) "Employer" means a person who employs one or more |
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| 18 | 18 | | employees. The term includes a public employer. |
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| 19 | 19 | | Sec. 25.002. RIGHT TO PRIVACY OF PERSONAL HEALTH |
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| 20 | 20 | | INFORMATION. (a) An employee has the right to keep the employee's |
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| 21 | 21 | | personal health information private and is not required to disclose |
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| 22 | 22 | | that information to the employee's employer unless the disclosure |
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| 23 | 23 | | is required by state or federal law. |
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| 24 | 24 | | (b) An employer may not take an adverse employment action or |
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| 25 | 25 | | discriminate against an employee who exercises the right described |
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| 26 | 26 | | by Subsection (a). |
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| 27 | 27 | | Sec. 25.003. COMPLAINT; ENFORCEMENT. (a) An employee |
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| 28 | 28 | | aggrieved by a violation of this chapter may file a claim with the |
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| 29 | 29 | | commission in the manner prescribed by Chapter 21. A complaint |
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| 30 | 30 | | filed under this section is subject to Subchapters E and F, Chapter |
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| 31 | 31 | | 21. |
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| 32 | 32 | | (b) The commission shall enforce this chapter in accordance |
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| 33 | 33 | | with Chapter 21. |
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| 34 | 34 | | Sec. 25.004. CIVIL PENALTY. (a) An employer who violates |
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| 35 | 35 | | an employee's right prescribed by this chapter is liable for a civil |
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| 36 | 36 | | penalty in the amount of $50,000 for each violation. Civil |
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| 37 | 37 | | penalties assessed under this chapter shall be deposited in the |
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| 38 | 38 | | general revenue fund. |
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| 39 | 39 | | (b) The attorney general may bring an action to collect the |
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| 40 | 40 | | civil penalty imposed under Subsection (a). |
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| 41 | 41 | | SECTION 2. Chapter 25, Labor Code, as added by this Act, |
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| 42 | 42 | | applies only to an adverse employment practice that occurs on or |
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| 43 | 43 | | after the effective date of this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect on the 91st day after the last day of legislative |
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