By: Toth H.B. No. 123       A BILL TO BE ENTITLED   AN ACT   relating to an employee's right to privacy of personal health   information; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by   adding Chapter 25 to read as follows:   CHAPTER 25. PRIVACY OF PERSONAL HEALTH INFORMATION          Sec. 25.001.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Texas Workforce   Commission.                (2)  "Employee" means an individual who is employed by   an employer for compensation.                (3)  "Employer" means a person who employs one or more   employees. The term includes a public employer.          Sec. 25.002.  RIGHT TO PRIVACY OF PERSONAL HEALTH   INFORMATION. (a) An employee has the right to keep the employee's   personal health information private and is not required to disclose   that information to the employee's employer unless the disclosure   is required by state or federal law.          (b)  An employer may not take an adverse employment action or   discriminate against an employee who exercises the right described   by Subsection (a).          Sec. 25.003.  COMPLAINT; ENFORCEMENT. (a) An employee   aggrieved by a violation of this chapter may file a claim with the   commission in the manner prescribed by Chapter 21. A complaint   filed under this section is subject to Subchapters E and F, Chapter   21.          (b)  The commission shall enforce this chapter in accordance   with Chapter 21.          Sec. 25.004.  CIVIL PENALTY. (a) An employer who violates   an employee's right prescribed by this chapter is liable for a civil   penalty in the amount of $50,000 for each violation. Civil   penalties assessed under this chapter shall be deposited in the   general revenue fund.          (b)  The attorney general may bring an action to collect the   civil penalty imposed under Subsection (a).          SECTION 2.  Chapter 25, Labor Code, as added by this Act,   applies only to an adverse employment practice that occurs on or   after the effective date of this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect on the 91st day after the last day of legislative   session.