87S30225 JG-D
 
  By: Slaton H.B. No. 110
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to COVID-19 vaccination policies and related measures of
  governmental entities; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.91925 to read as follows:
         Sec. 51.91925.  PROHIBITED COVID-19 POLICIES; CRIMINAL
  OFFENSE; REPORTING SYSTEM.  (a)  In this section:
               (1)  "COVID-19" means the 2019 novel coronavirus
  disease.
               (2)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
         (b)  An institution of higher education may not adopt or
  enforce a policy that:
               (1)  prohibits a student from residing in a dormitory
  or other student housing facility or from attending in-person
  classes or meetings based on the student's refusal or failure to be
  vaccinated against COVID-19; or
               (2)  discriminates in any manner against a student, in
  relation to the student residing in a dormitory or other student
  housing facility or attending in-person classes or meetings, who
  tests positive for, is exposed to an individual who tests positive
  for, or is experiencing symptoms related to COVID-19 based on the
  student's vaccination status or the student's refusal or failure to
  provide documentation of the student's vaccination against
  COVID-19.
         (c)  Subsection (b) does not prohibit an institution of
  higher education from adopting a quarantine policy for a student
  who tests positive for, is exposed to an individual who tests
  positive for, or is experiencing symptoms related to COVID-19
  provided the policy does not discriminate against the student based
  on the student's vaccination status or the student's refusal or
  failure to provide documentation of the student's vaccination
  against COVID-19.
         (d)  An officer or employee of an institution of higher
  education commits an offense if the officer or employee violates
  this section.  An offense under this subsection is a misdemeanor
  punishable only by a fine of not less than $1,000 for each
  violation, except that the offense is a Class A misdemeanor if the
  officer or employee has been previously convicted three or more
  times of an offense under this subsection.
         (e)  The Department of Public Safety shall develop and
  maintain a reporting system accessible through the department's
  Internet website through which an individual may submit information
  related to a violation of this section and allow criminal justice
  agencies as defined by Article 66.001, Code of Criminal Procedure,
  to access the information for investigation or prosecution of the
  violation.
         SECTION 2.  Subchapter A, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.0015 to read as follows:
         Sec. 161.0015.  PROHIBITED COVID-19 VACCINATION POLICIES;
  CRIMINAL OFFENSE; REPORTING SYSTEM. (a) In this section:
               (1)  "COVID-19" means the 2019 novel coronavirus
  disease.
               (2)  "Governmental entity" means this state, a
  political subdivision of this state, or an agency of this state or a
  political subdivision of this state. The term includes an
  institution of higher education as defined by Section 61.003,
  Education Code.
         (b)  A governmental entity may not adopt or enforce a policy
  that requires an individual to be vaccinated against COVID-19,
  including a policy requiring a COVID-19 vaccination for the
  individual to:
               (1)  obtain a service or benefit provided by the
  governmental entity;
               (2)  gain access to an establishment owned or operated
  by the governmental entity; or
               (3)  contract with the governmental entity.
         (c)  An officer or employee of a governmental entity commits
  an offense if the officer or employee violates this section. An
  offense under this subsection is a misdemeanor punishable only by a
  fine of not less than $1,000 for each violation, except that the
  offense is a Class A misdemeanor if the officer or employee has been
  previously convicted three or more times of an offense under this
  subsection.
         (d)  The Department of Public Safety shall develop and
  maintain a reporting system accessible through the department's
  Internet website through which an individual may submit information
  related to a violation of this section and allow criminal justice
  agencies as defined by Article 66.001, Code of Criminal Procedure,
  to access the information for investigation or prosecution of the
  violation.
         SECTION 3.  Section 51.91925, Education Code, and Section
  161.0015, Health and Safety Code, as added by this Act, apply only
  to conduct that occurs on or after the effective date of this Act.
         SECTION 4.  This Act takes effect February 1, 2022.