Bill Text: TX HB123 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to an employee's right to privacy of personal health information; providing a civil penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-10-11 - Filed [HB123 Detail]
Download: Texas-2023-HB123-Introduced.html
| By: Toth | H.B. No. 123 | |
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| 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 immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of legislative | ||
| session. | ||
