1-1                                   AN ACT

 1-2     relating to a prohibition of discrimination in the determination of

 1-3     eligibility for employment, occupational licenses, and coverage

 1-4     under certain health benefit plans based on the use of certain

 1-5     genetic tests and to limitations on the use of information derived

 1-6     from those tests; providing an administrative penalty.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8           SECTION 1.  Chapter 21, Labor Code, is amended by adding

 1-9     Subchapter H to read as follows:

1-10          SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION

1-11           Sec. 21.401.   DEFINITIONS.  In this subchapter:

1-12                 (1)  "DNA" means deoxyribonucleic acid.

1-13                 (2)  "Genetic information" means information derived

1-14     from the results of a genetic test.

1-15                 (3)  "Genetic test" means a laboratory test of an

1-16     individual's DNA, RNA, proteins, or chromosomes to identify by

1-17     analysis of the DNA, RNA, proteins, or chromosomes the genetic

1-18     mutations or alterations in the DNA, RNA, proteins, or chromosomes

1-19     that are  associated with a predisposition for a clinically

1-20     recognized disease or disorder.  The term does not include:

1-21                       (A)  a routine physical examination or a routine

1-22     test performed as a part of a physical examination;

1-23                       (B)  a chemical, blood, or urine analysis;

1-24                       (C)  a test to determine drug use; or

 2-1                       (D)  a test for the presence of the human

 2-2     immunodeficiency virus.

 2-3                 (4)  "RNA" means ribonucleic acid.

 2-4           Sec. 21.402.  DISCRIMINATORY USE OF GENETIC INFORMATION

 2-5     PROHIBITED.  (a)  An employer commits an unlawful employment

 2-6     practice if the employer fails or refuses to hire, discharges, or

 2-7     otherwise discriminates against an individual with respect to

 2-8     compensation or the terms, conditions, or privileges of employment:

 2-9                 (1)  on the basis of genetic information concerning the

2-10     individual; or

2-11                 (2)  because of the refusal of the individual to submit

2-12     to a genetic test.

2-13           (b)  A labor organization commits an unlawful employment

2-14     practice if the labor organization excludes or expels from

2-15     membership or otherwise discriminates against an individual:

2-16                 (1)  on the basis of genetic information concerning the

2-17     individual; or

2-18                 (2)  because of the refusal of the individual to submit

2-19     to a genetic test.

2-20           (c)  An employment agency commits an unlawful employment

2-21     practice if the employment agency classifies or refers for

2-22     employment, fails or refuses to refer for employment, or otherwise

2-23     discriminates against an individual:

2-24                 (1)  on the basis of genetic information concerning the

2-25     individual; or

2-26                 (2)  because of the refusal of the individual to submit

2-27     to a genetic test.

 3-1           (d)  An employer, labor organization, or employment agency

 3-2     commits an unlawful employment practice if the employer, labor

 3-3     organization, or employment agency limits, segregates, or

 3-4     classifies an employee, member, or applicant for employment or

 3-5     membership in a way that would deprive or tend to deprive the

 3-6     employee, member, or applicant of employment opportunities or

 3-7     otherwise adversely affect the status of the employee, member, or

 3-8     applicant:

 3-9                 (1)  on the basis of genetic information concerning the

3-10     employee, member, or applicant; or

3-11                 (2)  because of the refusal of the employee, member, or

3-12     applicant to submit to a genetic test.

3-13           Sec. 21.403.  INFORMATION CONFIDENTIAL; EXCEPTIONS.

3-14     (a)  Except as provided by Subsections (c) and (d), genetic

3-15     information is confidential and privileged regardless of the source

3-16     of the information.  A person who holds that information may not

3-17     disclose or be compelled to disclose, by subpoena or otherwise,

3-18     genetic information about an individual unless the disclosure is

3-19     specifically authorized by the individual as provided by Subsection

3-20     (b).  This subsection applies to a redisclosure of genetic

3-21     information by a secondary recipient of the information after

3-22     disclosure of the information by an initial recipient.

3-23           (b)  An individual or the legal representative of an

3-24     individual may authorize the disclosure of genetic information

3-25     relating to that individual through a written authorization that

3-26     includes:

3-27                 (1)  a description of the information to be disclosed;

 4-1                 (2)  the name of the person to whom the disclosure is

 4-2     made; and

 4-3                 (3)  the purpose for the disclosure.

 4-4           (c)  Subject to Subchapter G, Chapter 411, Government Code,

 4-5     genetic information relating to an individual may be disclosed

 4-6     without the authorization required under Subsection (b) if the

 4-7     disclosure is:

 4-8                 (1)  authorized under a state or federal criminal law

 4-9     relating to:

4-10                       (A)  the identification of individuals; or

4-11                       (B)  a criminal or juvenile  proceeding, an

4-12     inquest, or a child fatality review by a multidisciplinary

4-13     child-abuse team;

4-14                 (2)  required under a specific order of a state or

4-15     federal court;

4-16                 (3)  authorized under a state or federal law to

4-17     establish paternity;

4-18                 (4)  made to furnish genetic information relating to a

4-19     decedent to the blood relatives of the decedent for the purpose of

4-20     medical diagnosis; or

4-21                 (5)  made to identify a decedent.

4-22           (d)  In addition to the exceptions under Subsection (c),

4-23     genetic information relating to an individual may be disclosed

4-24     without the authorization required under Subsection (b) if:

4-25                 (1)  the disclosure is for information from a research

4-26     study in which the procedure for obtaining informed written consent

4-27     and use of the information is governed by national standards for

 5-1     protecting participants involved in research projects, including

 5-2     guidelines issued under 21 C.F.R.  Part 50 and 45  C.F.R. Part 46;

 5-3                 (2)  the information does not identify a particular

 5-4     individual; and

 5-5                 (3)  the information is provided to the Texas

 5-6     Department of Health to comply with Chapter 87, Health and Safety

 5-7     Code.

 5-8           Sec. 21.404.  RIGHT TO KNOW TEST RESULTS.  An individual who

 5-9     submits to a genetic test has the right to know the results of that

5-10     test.  On the written request of the individual, the entity that

5-11     performed the test shall disclose the test results to the

5-12     individual or to a physician designated by the individual.

5-13           Sec. 21.405.  RETENTION OF SAMPLE.  A sample of genetic

5-14     material taken for a genetic test from an individual shall be

5-15     destroyed promptly after the purpose for which the sample was

5-16     obtained is accomplished unless:

5-17                 (1)  the sample is retained under a court order;

5-18                 (2)  the individual tested authorizes retention of the

5-19     sample for purposes of medical treatment or scientific research;

5-20                 (3)  for a sample obtained for research that is cleared

5-21     by an institutional review board, the sample is retained under the

5-22     requirements that the institutional review board imposes on a

5-23     specific research project or as authorized by the research

5-24     participant with institutional review board approval under federal

5-25     law; or

5-26                 (4)  the sample was obtained for a screening test

5-27     established by the Texas Department of Health and performed by that

 6-1     department or  by a laboratory approved by that department under

 6-2     Section 33.011, Health and Safety Code.

 6-3           SECTION 2.  Chapter 20, Title 132, Revised Statutes, is

 6-4     amended by adding Article 9031 to read as follows:

 6-5           Art. 9031.  PROHIBITED USE OF GENETIC INFORMATION

 6-6           Sec. 1.  DEFINITIONS.  In this article:

 6-7                 (1)  "DNA" means deoxyribonucleic acid.

 6-8                 (2)  "Genetic information" means information derived

 6-9     from the results of a genetic test.

6-10                 (3)  "Genetic test" means a laboratory test of an

6-11     individual's DNA, RNA, proteins, or chromosomes to identify by

6-12     analysis of the DNA, RNA, proteins, or chromosomes the genetic

6-13     mutations or alterations in the DNA, RNA, proteins, or chromosomes

6-14     that are  associated with a predisposition for a clinically

6-15     recognized disease or disorder.  The term does not include:

6-16                       (A)  a routine physical examination or a routine

6-17     test performed as a part of a physical examination;

6-18                       (B)  a chemical, blood, or urine analysis;

6-19                       (C)  a test to determine drug use; or

6-20                       (D)  a test for the presence of the human

6-21     immunodeficiency virus.

6-22                 (4)  "Licensing authority" means a state agency or

6-23     political subdivision that issues an occupational license.

6-24                 (5)  "Occupational license" means a license,

6-25     certificate, registration, permit, or other form of authorization

6-26     required by law or rule that must be obtained by an individual to

6-27     engage in a particular business or occupation.

 7-1                 (6)  "Political subdivision" means a municipality,

 7-2     county, or special district or authority.  The term includes a

 7-3     school district.

 7-4                 (7)  "RNA" means ribonucleic acid.

 7-5                 (8)  "State agency" means a department, board, bureau,

 7-6     commission, committee, division, office, council, or agency in the

 7-7     executive  or judicial branch of state government.

 7-8           Sec. 2.  GENETIC TESTING REQUIREMENT PROHIBITED.  A licensing

 7-9     authority may not deny an application for an occupational license,

7-10     suspend, revoke, or refuse to renew an occupational license, or

7-11     take any other disciplinary action against a license holder based

7-12     on the refusal of the license applicant or license holder to:

7-13                 (1)  submit to a genetic test; or

7-14                 (2)  reveal:

7-15                       (A)  whether the applicant or holder has

7-16     submitted to a genetic test; or

7-17                       (B)  the results of any genetic test to which the

7-18     applicant or holder has submitted.

7-19           Sec. 3.  INFORMATION CONFIDENTIAL; EXCEPTIONS.  (a)  Except

7-20     as provided by Subsections (c) and (d) of this section, genetic

7-21     information is confidential and privileged regardless of the source

7-22     of the information.  A person or entity that holds that information

7-23     may not disclose or be compelled to disclose, by subpoena or

7-24     otherwise, genetic information about an individual unless the

7-25     disclosure is specifically authorized by the individual as provided

7-26     by Subsection (b) of this section.  This subsection applies to a

7-27     redisclosure of genetic information by a secondary recipient of the

 8-1     information after disclosure of the information by an initial

 8-2     recipient.

 8-3           (b)  An individual or the legal representative of an

 8-4     individual may authorize the disclosure of genetic information

 8-5     relating to that individual through a written authorization that

 8-6     includes:

 8-7                 (1)  a description of the information to be disclosed;

 8-8                 (2)  the name of the person or entity to whom the

 8-9     disclosure is made; and

8-10                 (3)  the purpose for the disclosure.

8-11           (c)  Subject to Subchapter G, Chapter 411, Government Code,

8-12     genetic information relating to an individual may be disclosed

8-13     without the  authorization required under Subsection (b) of this

8-14     section if the disclosure is:

8-15                 (1)  authorized under a state or federal criminal law

8-16     relating to:

8-17                       (A)  the identification of individuals; or

8-18                       (B)  a criminal or juvenile proceeding, an

8-19     inquest, or a child fatality review by a multidisciplinary

8-20     child-abuse team;

8-21                 (2)  required under a specific order of a state or

8-22     federal court;

8-23                 (3)  authorized under a state or federal law to

8-24     establish paternity;

8-25                 (4)  made to furnish genetic information relating to a

8-26     decedent to the blood relatives of the decedent for the purpose of

8-27     medical diagnosis; or

 9-1                 (5)  made to identify a decedent.

 9-2           (d)  In addition to the exceptions under Subsection (c),

 9-3     genetic information relating to an individual may be disclosed

 9-4     without the authorization required under Subsection (b) if:

 9-5                 (1)  the disclosure is for information from a research

 9-6     study in which the procedure for obtaining informed written consent

 9-7     and use of the information is governed by national standards for

 9-8     protecting participants involved in research projects, including

 9-9     guidelines issued under 21 C.F.R.  Part 50  and  45  C.F.R. Part

9-10     46;

9-11                 (2)  the information does not identify a particular

9-12     individual; and

9-13                 (3)  the information is provided to the Texas

9-14     Department of Health to comply with Chapter 87, Health and Safety

9-15     Code.

9-16           Sec. 4.  RIGHT TO KNOW TEST RESULTS.  An individual who

9-17     submits to a genetic test has the right to know the results of that

9-18     test.  On the  written request of the individual, the entity that

9-19     performed the test shall disclose the test results to the

9-20     individual or to a physician designated by the individual.

9-21           Sec. 5.  RETENTION OF SAMPLE.  A sample of genetic material

9-22     taken for a genetic test from an individual shall be destroyed

9-23     promptly after the purpose for which the sample was obtained is

9-24     accomplished unless:

9-25                 (1)  the sample is retained under a court order;

9-26                 (2)  the individual tested authorizes retention of the

9-27     sample for purposes of medical treatment or scientific research;

 10-1                (3)  for a sample obtained for research that is cleared

 10-2    by an institutional review board, the sample is retained under the

 10-3    requirements that the institutional review board imposes on a

 10-4    specific research project or as authorized by the research

 10-5    participant with institutional review board approval under federal

 10-6    law; or

 10-7                (4)  the sample was obtained for a screening test

 10-8    established by the Texas Department of Health and performed by that

 10-9    department or by a laboratory approved by that department under

10-10    Section 33.011, Health and Safety Code.

10-11          SECTION 3.  Subchapter E, Chapter 21, Insurance Code, is

10-12    amended by adding Article 21.73 to read as follows:

10-13          Art. 21.73.  USE OF GENETIC TESTING INFORMATION BY INSURERS

10-14          Sec. 1.  DEFINITIONS.  In this article:

10-15                (1)  "DNA" means deoxyribonucleic acid.

10-16                (2)  "Genetic information" means information derived

10-17    from the results of a genetic test.

10-18                (3)  "Genetic test" means a laboratory test of an

10-19    individual's DNA, RNA, proteins, or chromosomes to identify by

10-20    analysis of the DNA, RNA, proteins, or chromosomes the genetic

10-21    mutations or alterations in the DNA, RNA, proteins, or chromosomes

10-22    that are  associated with a predisposition for a clinically

10-23    recognized disease or disorder.  The term does not include:

10-24                      (A)  a routine physical examination or a routine

10-25    test performed as a part of a physical examination;

10-26                      (B)  a chemical, blood, or urine analysis;

10-27                      (C)  a test to determine drug use; or

 11-1                      (D)  a test for the presence of the human

 11-2    immunodeficiency virus.

 11-3                (4)  "Group health benefit plan" means a plan described

 11-4    by Section 2 of this article.

 11-5                (5)  "RNA" means ribonucleic acid.

 11-6          Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies to a

 11-7    group health benefit plan that:

 11-8                (1)  provides benefits for medical or surgical expenses

 11-9    incurred as a result of a health condition, accident, or sickness,

11-10    including:

11-11                      (A)  a group, blanket, or franchise insurance

11-12    policy or insurance agreement, a group hospital service contract,

11-13    or a group evidence of coverage that is offered by:

11-14                            (i)  an insurance company;

11-15                            (ii)  a group hospital service corporation

11-16    operating under Chapter 20 of this code;

11-17                            (iii)  a fraternal benefit society

11-18    operating under Chapter 10 of this code;

11-19                            (iv)  a stipulated premium insurance

11-20    company operating under Chapter 22 of this code; or

11-21                            (v)  a health maintenance organization

11-22    operating under the Texas Health Maintenance Organization Act

11-23    (Chapter 20A, Vernon's Texas Insurance Code); or

11-24                      (B)  to the extent permitted by the Employee

11-25    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

11-26    seq.), a group health benefit plan that is offered by:

11-27                            (i)  a multiple employer welfare

 12-1    arrangement as defined by Section 3, Employee Retirement Income

 12-2    Security Act of 1974 (29 U.S.C. Section 1002);

 12-3                            (ii)  any other entity not licensed under

 12-4    this code or another insurance law of this state that contracts

 12-5    directly for health care services on a risk-sharing basis,

 12-6    including an entity that contracts for health care services on a

 12-7    capitation basis; or

 12-8                            (iii)  another analogous benefit

 12-9    arrangement; or

12-10                (2)  is offered by an approved nonprofit health

12-11    corporation that is certified under Section 5.01(a), Medical

12-12    Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

12-13    that holds a certificate of authority  issued by the commissioner

12-14    under Article 21.52F of this code.

12-15          (b)  This article does not apply to:

12-16                (1)  a plan that provides coverage:

12-17                      (A)  only for a specified disease;

12-18                      (B)  only for accidental death or dismemberment;

12-19                      (C)  for wages or payments in lieu of wages for a

12-20    period during which an employee is absent from work because of

12-21    sickness or injury; or

12-22                      (D)  as a supplement to liability insurance;

12-23                (2)  a Medicare supplemental policy as defined by

12-24    Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

12-25                (3)  workers' compensation insurance coverage;

12-26                (4)  medical payment insurance issued as part of a

12-27    motor vehicle insurance policy; or

 13-1                (5)  a long-term care policy, including a nursing home

 13-2    fixed indemnity policy, unless the commissioner determines that the

 13-3    policy provides benefit coverage so comprehensive that the policy

 13-4    is a group health benefit plan as described by Subsection (a) of

 13-5    this section.

 13-6          Sec. 3.  USE OF GENETIC INFORMATION BY GROUP HEALTH BENEFIT

 13-7    PLAN.  (a)  A group health benefit plan issuer may not use genetic

 13-8    information to reject, deny, limit, cancel, refuse to renew,

 13-9    increase the premiums for, or otherwise adversely affect

13-10    eligibility for or coverage under the group health benefit plan.

13-11          (b)  If a group health benefit plan issuer requests that an

13-12    applicant for coverage under the plan submit to a genetic test in

13-13    connection with the application for coverage for a purpose other

13-14    than a purpose prohibited under Subsection (a) of this section, the

13-15    issuer must:

13-16                (1)  notify the applicant that the test is required;

13-17                (2)  disclose to the applicant the proposed use of the

13-18    test results; and

13-19                (3)  obtain the applicant's written informed consent

13-20    for the test before the administration of the test.

13-21          (c)  In the consent form, the applicant shall state whether

13-22    the applicant elects to be informed of the results of the test.  If

13-23    the applicant does so elect, the person or entity that performs the

13-24    test shall disclose the results of the test to the applicant, as

13-25    well as to the group health benefit plan issuer, and the group

13-26    health benefit plan issuer shall ensure that:

13-27                (1)  the applicant receives an interpretation of the

 14-1    test results made by a qualified health care practitioner; and

 14-2                (2)  a physician or other health care practitioner

 14-3    designated by the applicant receives a copy of the results of the

 14-4    test.

 14-5          (d)  A group health benefit plan issuer may not use the

 14-6    results of a genetic test conducted in accordance with Subsection

 14-7    (b) of this section as an inducement for the purchase of coverage

 14-8    under the plan.

 14-9          (e)  A group health benefit plan issuer may not use the

14-10    refusal of an applicant to submit to a genetic test to reject,

14-11    deny, limit, cancel, refuse to renew, increase the premiums for, or

14-12    otherwise adversely affect eligibility for or coverage under the

14-13    group health benefit plan.

14-14          Sec. 4.  INFORMATION CONFIDENTIAL; EXCEPTIONS.  (a)  Except

14-15    as provided by Subsections (c) and (d) of this section, genetic

14-16    information is confidential and privileged regardless of the source

14-17    of the information.  A person or entity that holds that information

14-18    may not disclose or be compelled to disclose, by subpoena or

14-19    otherwise, genetic information about an individual unless the

14-20    disclosure is specifically authorized by the individual as provided

14-21    by Subsection (b) of this section.  This subsection applies to a

14-22    redisclosure of genetic information by a secondary recipient of the

14-23    information after disclosure of the information by an initial

14-24    recipient.

14-25          (b)  An individual or the legal representative of an

14-26    individual may authorize the disclosure of genetic information

14-27    relating to that individual through an authorization that:

 15-1                (1)  is written in plain language;

 15-2                (2)  is dated;

 15-3                (3)  contains a specific description of the information

 15-4    to be disclosed;

 15-5                (4)  identifies or describes each person authorized to

 15-6    disclose the genetic information to a group health benefit plan

 15-7    issuer;

 15-8                (5)  identifies or describes the individuals or

 15-9    entities to whom the disclosure or subsequent redisclosure of the

15-10    genetic information may be made;

15-11                (6)  describes the specific purpose of the disclosure;

15-12                (7)  is signed by the individual or the legal

15-13    representative and, if the disclosure is for claiming proceeds of

15-14    any affected life insurance policy, the claimant; and

15-15                (8)  advises the individual or legal representative

15-16    that the individual's authorized representative is entitled to

15-17    receive a copy of the authorization form.

15-18          (c)  Subject to Subchapter G, Chapter 411, Government Code,

15-19    genetic information relating to an individual may be disclosed

15-20    without the  authorization required under Subsection (b) of this

15-21    section if the disclosure is:

15-22                (1)  authorized under a state or federal criminal law

15-23    relating to:

15-24                      (A)  the identification of individuals; or

15-25                      (B)  a criminal or juvenile proceeding, an

15-26    inquest, or a child fatality review by a multidisciplinary

15-27    child-abuse team;

 16-1                (2)  required under a specific order of a state or

 16-2    federal court;

 16-3                (3)  authorized under a state or federal law to

 16-4    establish paternity;

 16-5                (4)  made to furnish genetic information relating to a

 16-6    decedent to the blood relatives of the decedent for the purpose of

 16-7    medical diagnosis; or

 16-8                (5)  made to identify a decedent.

 16-9          (d)  Except as provided by this subsection, a group health

16-10    benefit plan issuer may not redisclose genetic information unless

16-11    the redisclosure is consistent with the disclosures authorized by

16-12    the tested individual under an authorization form executed under

16-13    Subsection (b) of this section.  A group health benefit plan issuer

16-14    may redisclose genetic information:

16-15                (1)  for actuarial or research studies if:

16-16                      (A)  a tested individual may not be identified in

16-17    any actuarial or research report; and

16-18                      (B)  any materials that identify a tested

16-19    individual are returned or destroyed as soon as reasonably

16-20    practicable;

16-21                (2)  to the department for the purposes of the

16-22    enforcement of this article; or

16-23                (3)  for purposes directly related to enabling business

16-24    decisions to be made about the purchase, transfer, merger, or sale

16-25    of all or part of an insurance business or about obtaining

16-26    reinsurance affecting that insurance business.

16-27          (e)  A redisclosure authorized under Subsection (d) of this

 17-1    section may contain only information reasonably necessary to

 17-2    accomplish the purpose for which the information is disclosed.

 17-3          Sec. 5.  RIGHT TO KNOW TEST RESULTS.  An individual who

 17-4    submits to a genetic test has the right to know the results of that

 17-5    test.  On the written request of the individual, the group health

 17-6    benefit plan issuer or other entity that performed the test shall

 17-7    disclose the test results to the individual or to a physician

 17-8    designated by the individual.  The right to information under this

 17-9    section is in addition to any right or requirement established

17-10    under Section 3 of this article.

17-11          Sec. 6.  RETENTION OF SAMPLE.  A sample of genetic material

17-12    taken for a genetic test from an individual shall be destroyed

17-13    promptly after the purpose for which the sample was obtained is

17-14    accomplished unless:

17-15                (1)  the sample is retained under a court order;

17-16                (2)  the individual tested authorizes retention of the

17-17    sample for purposes of medical treatment or scientific research;

17-18                (3)  for a sample obtained for research that is cleared

17-19    by an institutional review board, the sample is retained under the

17-20    requirements that the institutional review board imposes on a

17-21    specific research project or as authorized by the research

17-22    participant with institutional review board approval under federal

17-23    law; or

17-24                (4)  the sample was obtained for a screening test

17-25    established by the Texas Department of Health and performed by that

17-26    department or  by a laboratory approved by that department under

17-27    Section 33.011, Health and Safety Code.

 18-1          Sec. 7.  CEASE AND DESIST ORDER; ADMINISTRATIVE PENALTY.

 18-2    (a)  On a finding by the commissioner that a group health benefit

 18-3    plan issuer is in violation of this article, the commissioner may

 18-4    enter a cease and desist order in the manner provided under Article

 18-5    1.10A of this code.  If the group health benefit plan issuer

 18-6    refuses or fails to comply with the cease and desist order, the

 18-7    commissioner may, in the manner provided by this code and the other

 18-8    insurance laws of this state, revoke or suspend the issuer's

 18-9    certificate of authority or other authorization to engage in the

18-10    operation of a group health benefit plan in this state.

18-11          (b)  A group health benefit plan issuer that operates the

18-12    plan in violation of this article is subject to an administrative

18-13    penalty as provided by Article 1.10E of this code.

18-14          Sec. 8.  EFFECT OF PREGNANCY.  (a)  No issuer of a group

18-15    health benefit plan shall require, as a condition of insurance

18-16    coverage, genetic testing of a child in utero without the consent

18-17    of the pregnant woman.

18-18          (b)  No issuer of a group health benefit plan shall use

18-19    genetic information to coerce or compel a pregnant woman to have an

18-20    induced abortion.

18-21          (c)  "Coercion" for the purposes of this section means the

18-22    restraining or domination of the free will of a woman by actual or

18-23    implied force, or by actual or implied threat of rejection, denial,

18-24    limitation, cancellation, refusal to renew, or otherwise adversely

18-25    affecting eligibility for coverage under a group health benefit

18-26    plan.

18-27          SECTION 4.  This Act takes effect September 1, 1997.

 19-1          SECTION 5.  Article 9031, Revised Statutes, as added by this

 19-2    Act, applies only to a license issued or renewed by a licensing

 19-3    authority on or after the effective date of this Act.  A license

 19-4    issued or renewed before that date is governed by the law in effect

 19-5    on the date the license was issued or renewed, and the former law

 19-6    is continued in effect for that purpose.

 19-7          SECTION 6.  Article 21.73, Insurance Code, as added by this

 19-8    Act, applies only to a group health benefit plan that is delivered,

 19-9    issued for delivery, or renewed on or after January 1, 1998.  A

19-10    group health benefit plan that is delivered, issued for delivery,

19-11    or renewed before January 1, 1998, is governed by the law as it

19-12    existed immediately before the effective date of this Act, and that

19-13    law is continued in effect for that purpose.

19-14          SECTION 7.  The importance of this legislation and the

19-15    crowded condition of the calendars in both houses create an

19-16    emergency and an imperative public necessity that the

19-17    constitutional rule requiring bills to be read on three several

19-18    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 39 was passed by the House on April

         3, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 39 on May 19, 1997, and requested the

         appointment of a conference committee to consider the differences

         between the two houses; that the House adopted the conference

         committee report on H.B. No. 39 on May 28, 1997, by a non-record

         vote; and that the House adopted H.C.R. No. 302 authorizing certain

         corrections in H.B. No. 39 on May 29, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 39 was passed by the Senate, with

         amendments, on May 15, 1997, by the following vote:  Yeas 31, Nays

         0; at the request of the House, the Senate appointed a conference

         committee to consider the differences between the two houses; that

         the Senate adopted the conference committee report on H.B. No. 39

         on May 26, 1997, by a viva-voce vote; and that the Senate adopted

         H.C.R. No. 302 authorizing certain corrections in H.B. No. 39 on

         May 30, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor