LIMITATION ON LIABILITY FOR CERTAIN PROGRAMS

Tex. CIV. PRAC. & REM Code ch. 142A

in effect

Tex. CIV. PRAC. & REM Code § 142A.001. DEFINITIONS.

In this chapter: (1) "Employee" means a person who, for compensation, performs services for an employer under a written or oral contract, whether express or implied. (2) "Employee wellness program" means a program established by an employer that provides an incentive to an employee that promotes wellness or a healthy lifestyle. Added by Acts 2015, 84th Leg., R.S., Ch. 774 (H.B. 2390 ), Sec. 1, eff. September 1, 2015.

Tex. CIV. PRAC. & REM Code § 142A.002. LIMITATION ON LIABILITY FOR WELLNESS PROGRAMS.

(a) A civil action may not be brought against an employer for establishing, maintaining, or requiring participation in an employee wellness program unless: (1) the program discriminates on the basis of a prior medical condition, gender, age, or income level; or (2) the cause of action is based on intentional or reckless conduct. (b) This section does not create a cause of action or expand an existing cause of action. Added by Acts 2015, 84th Leg., R.S., Ch. 774 (H.B. 2390 ), Sec. 1, eff. September 1, 2015.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/28/2026