HBA-KDB S.B. 12 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 12
By: Nelson
Economic Development
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Information about a person's genetic predisposition to certain diseases or
medical conditions is increasingly available. There is concern that
employers, occupational licensing authorities, and insurance companies may
discriminate on the basis of certain genetic information or genetic tests.
If the definitions of genetic information and genetic tests were modified,
such discrimination might be prevented.  Senate Bill 12 adds the
definitions of "family health history" and "genetic characteristic,"
expands the definitions of "genetic information" and "genetic test," and
prohibits an occupational licensing authority from taking any action
against a license applicant or license holder based on the refusal of the
license applicant or license holder to submit a family health history. 

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. 

ANALYSIS

Senate Bill 12 amends provisions of the law to add the definitions of
"family health history" and "genetic characteristic" and to modify the
definitions of "genetic information" and "genetic test" relating to
prohibited uses of genetic information by employers and occupational
licensing authorities (Sec. 21.401, Labor Code and Art. 9032, V.T.C.S.). 

The bill amends the Insurance Code to add the definition of "genetic
characteristic" and to modify the definitions of  "genetic information" and
"genetic test" to prohibit discrimination by insurers relating to a group
health benefit plan (Art. 21.73, Insurance Code). 

S.B. 12 prohibits an occupational licensing authority from denying an
application for an occupational license, suspending, revoking, or refusing
to renew an occupational license, or taking any other disciplinary action
against a license holder based on the refusal of the license applicant or
license holder to submit a family health history (Art. 9032, V.T.C.S.). 

EFFECTIVE DATE

September 1, 2001.  The changes made to the definitions in the Insurance
Code apply only to a health insurance policy or an evidence of coverage
that is delivered, issued for delivery, or renewed on or after January 1,
2002.