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.