HBA-NMO H.B. 1371 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1371
By: Burnam
Public Health
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Effective January 1, 1999, the Texas Department of Health changes to a
"names-based" human immunodeficiency virus (HIV) reporting system.
Anticipating the implementation of this system, certain acquired
immunodeficiency syndrome (AIDS)/HIV service organizations and their
clients have raised concerns regarding breaches of confidentiality.
Increased penalties for breaches of confidentiality may help quell these
concerns.  H.B. 1371 increases the civil penalty for negligently disclosing
an individual's HIV status from $1,000 to $5,000; and increases the civil
penalty for wilfully disclosing an individual's HIV status from not less
than $1,000 nor more than $5,000 to not less than $5,000 nor more than
$10,000. 

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

SECTION 1.  Amends Sections 81.104(b) and (c), Health and Safety Code, as
follows: 

(b) Provides 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 human immunodeficiency virus (HIV) test result or allowed a HIV
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.   

(c) Provides that a person who is found in a civil action to have wilfully
released or disclosed a HIV test result or allowed a HIV test result to
become known in violation of Section 81.103 is liable for a civil penalty
of not less than $5,000, rather than $1,000, nor 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.