HBA-JRA S.B. 567 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 567 By: Moncrief Public Health 4/28/1999 Engrossed BACKGROUND AND PURPOSE According to the AIDS outreach center, confidentiality breaches regarding HIV test results have increased. The Texas Department of Health recently switched to a name-based identifier system effective January 1, 1999. As of yet, no lawsuits resulting from the breaches of confidentiality have been documented. This may be due in part to the low civil penalty imposed on such violations. S.B. 567 increases the minimum civil penalty for disclosure of test results from $1,000 to $5,000. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS HBA-JRA S.B. 567 76(R) SECTION 1. Amends Sections 81.104(b) and (c), Health and Safety Code, to provide that a person who violates Section 81.102 (Tests; Criminal Penalty) or who is found in a civil action to have negligently released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 (Confidentiality; Criminal Penalty) is liable for a civil penalty of not more than $5,000, rather than $1,000. Provides that a person who is found in a civil action to have wilfully released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 is liable for a civil penalty of no less than $5,000, rather than $1,000, but no more than $10,000, rather than $5,000. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.