Bill Text: TX HB2390 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Bohac (Senate Sponsor - Creighton) | H.B. No. 2390 | |
(In the Senate - Received from the House May 6, 2015; | ||
May 7, 2015, read first time and referred to Committee on State | ||
Affairs; May 21, 2015, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 21, 2015, sent to printer.) | ||
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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. | ||
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