88(4) HB 52 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to an employee's right to privacy of personal health |
 
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information; providing a civil penalty. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Subtitle A, Title 2, Labor Code, is amended by |
 
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adding Chapter 25 to read as follows: |
 
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CHAPTER 25. PRIVACY OF PERSONAL HEALTH INFORMATION |
 
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             Sec.  25.001.    DEFINITIONS. In this chapter: |
 
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                         (1)    "Commission" means the Texas Workforce |
 
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Commission. |
 
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                         (2)    "Employee" means an individual who is employed by |
 
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an employer for compensation. |
 
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                         (3)    "Employer" means a person who employs one or more |
 
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employees. The term includes a public employer. |
 
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             Sec.  25.002.    RIGHT TO PRIVACY OF PERSONAL HEALTH |
 
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INFORMATION. (a)  An employee has the right to keep the employee's |
 
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personal health information private and is not required to disclose |
 
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that information to the employee's employer unless the disclosure |
 
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is required by state or federal law. |
 
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             (b)    An employer may not take an adverse employment action or |
 
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discriminate against an employee who exercises the right described |
 
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by Subsection (a). |
 
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             Sec.  25.003.    COMPLAINT; ENFORCEMENT. (a) An employee |
 
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aggrieved by a violation of this chapter may file a claim with the |
 
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commission in the manner prescribed by Chapter 21. A complaint |
 
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filed under this section is subject to Subchapters E and F, Chapter |
 
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21. |
 
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             (b)    The commission shall enforce this chapter in accordance |
 
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with Chapter 21. |
 
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             Sec.  25.004.    CIVIL PENALTY. (a)  An employer who violates |
 
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an employee's right prescribed by this chapter is liable for a civil |
 
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penalty in the amount of $50,000 for each violation. Civil |
 
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penalties assessed under this chapter shall be deposited in the |
 
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general revenue fund. |
 
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             (b)    The attorney general may bring an action to collect the |
 
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civil penalty imposed under Subsection (a). |
 
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             SECTION  2.    Chapter 25, Labor Code, as added by this Act, |
 
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applies only to an adverse employment practice that occurs on or |
 
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after the effective date of this Act. |
 
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             SECTION  3.    This Act takes effect immediately if it receives |
 
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a vote of two-thirds of all the members elected to each house, as |
 
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provided by Section 39, Article III, Texas Constitution. If this |
 
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Act does not receive the vote necessary for immediate effect, this |
 
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Act takes effect on the 91st day after the last day of legislative |