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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited COVID-19 vaccine passports; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 161.0085, Health and |
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Safety Code, as added by S.B. No. 968, Acts of the 87th Legislature, |
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Regular Session, 2021, is amended to read as follows: |
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Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED; |
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CIVIL PENALTY. |
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SECTION 2. Section 161.0085, Health and Safety Code, as |
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added by S.B. No. 968, Acts of the 87th Legislature, Regular |
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Session, 2021, is amended by amending Subsections (c), (d), and (e) |
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and adding Subsections (c-1) and (f) to read as follows: |
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(c) A business in this state may not require a customer or an |
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employee of the business to provide any documentation certifying |
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the customer's or employee's COVID-19 vaccination or |
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post-transmission recovery on entry to, to gain access to, [or] to |
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receive service from, or to be employed by the business. A business |
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that fails to comply with this subsection is not eligible to receive |
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a grant or enter into a contract payable with state funds. |
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(c-1) A public or private primary or secondary school in |
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this state may not require a student to provide documentation |
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certifying the student's COVID-19 vaccination or post-transmission |
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recovery for entry or admission to the school. A public or private |
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primary or secondary school in this state that fails to comply with |
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this subsection is not eligible to receive a grant or enter into a |
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contract payable with state funds. |
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(d) Notwithstanding any other law, each appropriate state |
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agency shall ensure that businesses in this state comply with |
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Subsection (c) and [may] require compliance with that subsection as |
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a condition for a license, permit, or other state authorization |
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necessary for conducting business in this state. |
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(e) This section may not be construed to: |
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(1) restrict a business or public or private primary |
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or secondary school from implementing COVID-19 screening and |
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infection control protocols for customers or students, as |
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applicable, in accordance with authoritative or controlling |
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government-issued guidance [state and federal law] to protect |
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public health; or |
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(2) interfere with an individual's right to access the |
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individual's personal health information under federal law. |
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(f) A governmental entity, business, or public or private |
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primary or secondary school that violates this section is liable to |
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this state for a civil penalty in an amount not to exceed $5,000 for |
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each violation. The attorney general may bring an action to collect |
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the civil penalty imposed under this subsection. |
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SECTION 3. Section 161.0085, Health and Safety Code, as |
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amended by this Act, applies only to conduct that occurs on or after |
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the effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect December 1, 2021. |