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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on certain companies that receive |
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governmental contracts or financial benefits from requiring |
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employees to receive a COVID-19 vaccination; authorizing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 10, Government Code, is |
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amended by adding Chapter 2278 to read as follows: |
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CHAPTER 2278. CERTAIN MANDATORY VACCINATIONS PROHIBITED |
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Sec. 2278.001. DEFINITIONS. In this chapter: |
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(1) "Company" has the meaning assigned by Section |
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808.001. |
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(2) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(3) "Listed financial benefit" means a financial |
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benefit listed by rule adopted under Section 2278.002(2). |
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(4) "Political subdivision" means a county, |
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municipality, school district, special purpose district, or other |
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subdivision of state government that has jurisdiction limited to a |
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geographic portion of the state. |
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(5) "State agency" has the meaning assigned by Section |
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609.001. |
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(6) "Tax preference" means a credit, discount, |
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exclusion, exemption, refund, special valuation, special |
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accounting treatment, special rate, or special method of reporting |
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authorized by state law that relates to a state or local tax imposed |
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in this state. |
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Sec. 2278.002. LISTED FINANCIAL BENEFITS. The comptroller |
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shall: |
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(1) identify each financial benefit, other than a |
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contract, offered by a state agency or political subdivision to a |
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company that is organized or doing business in this state, |
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including a grant, low-interest loan, tax preference, or other |
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financial incentive; and |
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(2) by rule adopt a list of each financial benefit |
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identified under Subdivision (1). |
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Sec. 2278.003. MANDATORY VACCINATION BY COMPANY RECEIVING |
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LISTED FINANCIAL BENEFIT PROHIBITED. A company that receives a |
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listed financial benefit may not require, as a condition of |
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employment, an employee to receive a COVID-19 vaccination. |
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Sec. 2278.004. ENFORCEMENT; CIVIL PENALTY FOR VIOLATION BY |
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COMPANY. (a) A company that violates Section 2278.003 is liable to |
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this state for a civil penalty in the amount of $5,000 for each |
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violation. Each day a violation continues is considered a separate |
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violation for purposes of this subsection. |
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(b) A resident of this state may file a complaint with the |
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attorney general alleging that a company is in violation of Section |
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2278.003. The resident must include with the complaint a signed |
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statement describing the violation. |
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(c) If, based on an investigation, the attorney general |
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determines that a violation of Section 2278.003 has occurred, the |
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attorney general shall provide the company with a written notice |
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that: |
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(1) describes the violation; |
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(2) states the amount of the proposed civil penalty |
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for the violation; and |
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(3) requires the company to cure the violation on or |
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before the seventh day after the date the notice is received to |
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avoid the civil penalty. |
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(d) If a company does not cure the violation on or before the |
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seventh day after the date notice under Subsection (c) is received, |
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the attorney general may sue to collect the civil penalty. |
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(e) A suit or petition under this section may be filed in a |
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district court in Travis County. |
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(f) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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Sec. 2278.005. PROVISION REQUIRED IN CONTRACT. A state |
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agency or political subdivision may not enter into a contract with a |
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company for goods or services unless the contract contains a |
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written verification from the company that it does not, and will not |
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during the term of the contract, require, as a condition of |
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employment, an employee to receive a COVID-19 vaccination. |
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SECTION 2. The comptroller of public accounts shall adopt |
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the list described by Section 2278.002, Government Code, as added |
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by this Act, not later than February 1, 2022. |
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SECTION 3. Section 2278.005, Government Code, as added by |
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this Act, applies only to a contract for which a state agency or |
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political subdivision first advertises or otherwise solicits bids, |
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proposals, offers, or qualifications or makes a similar |
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solicitation on or after the effective date of this Act. A contract |
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for which a state agency or political subdivision first advertises |
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or otherwise solicits bids, proposals, offers, or qualifications or |
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makes a similar solicitation before that date is governed by the law |
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in effect on the date the advertisement or solicitation is made, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |