Bill Text: TX HB2390 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to civil liability arising from an employee wellness program.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB2390 Detail]
Download: Texas-2015-HB2390-Enrolled.html
H.B. No. 2390 |
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relating to civil liability arising from an employee wellness | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 142A to read as follows: | ||
CHAPTER 142A. LIMITATION ON LIABILITY FOR CERTAIN PROGRAMS | ||
Sec. 142A.001. DEFINITIONS. In this chapter: | ||
(1) "Employee" means a person who, for compensation, | ||
performs services for an employer under a written or oral contract, | ||
whether express or implied. | ||
(2) "Employee wellness program" means a program | ||
established by an employer that provides an incentive to an | ||
employee that promotes wellness or a healthy lifestyle. | ||
Sec. 142A.002. LIMITATION ON LIABILITY FOR WELLNESS | ||
PROGRAMS. (a) A civil action may not be brought against an | ||
employer for establishing, maintaining, or requiring participation | ||
in an employee wellness program unless: | ||
(1) the program discriminates on the basis of a prior | ||
medical condition, gender, age, or income level; or | ||
(2) the cause of action is based on intentional or | ||
reckless conduct. | ||
(b) This section does not create a cause of action or expand | ||
an existing cause of action. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2390 was passed by the House on May 5, | ||
2015, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2390 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |