Unless state or federal law requires it. No punishing workers for it.
The bill gives Texas workers a right to keep their personal health information from their employer unless state or federal law requires them to share it. It covers every employer with at least one employee, including government employers, and bars them from punishing or discriminating against a worker who uses that right. Workers can file complaints with the Texas Workforce Commission, and the attorney general can sue employers for a $50,000 civil penalty per violation, starting September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 138 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 138 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Trade, Workforce & Economic Development subcommittee on Workforce. No public hearing. The bill died.
relating to an employee's right to privacy of personal health
information; providing a civil penalty.
WHAT IT DOES
Unless state or federal law requires it. No punishing workers for it.
The bill gives Texas workers a right to keep their personal health information from their employer unless state or federal law requires them to share it. It covers every employer with at least one employee, including government employers, and bars them from punishing or discriminating against a worker who uses that right. Workers can file complaints with the Texas Workforce Commission, and the attorney general can sue employers for a $50,000 civil penalty per violation, starting September 1, 2025.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Trade, Workforce & Economic Development · Final status: Died in committee
Subjects
Health--Privacy/Use of Information
Labor--Health & Safety
Labor--Management Relations
WORKFORCE COMMISSION, TEXAS
Text
The text as introduced · 328 words
By: Toth
H.B. No. 949
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 September 1, 2025.