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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for certain vaccine requirements or |
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incentives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100B to read as follows: |
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CHAPTER 100B. LIABILITY FOR MANDATED OR INCENTIVIZED VACCINATION |
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Sec. 100B.001. DEFINITIONS. |
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(1) "Employer" means, unless otherwise specified, a |
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person who makes a contract of hire or employs one or more |
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employees. |
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(2) "Employee" means a person in the service of |
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another under a contract of hire, whether express or implied, or |
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oral or written, and includes an independent contractor. |
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(3) "Person" is defined as set forth in Texas Business |
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and Commerce Code Section 1.201. |
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Sec. 100B.002. LIABILITY FOR VACCINE REQUIREMENT OR |
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INCENTIVE IN EMPLOYMENT. An employee may bring an action against |
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the employer for actual damages caused by a vaccine if: |
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(1) the employer: |
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(A) requires the employee to receive the vaccine |
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as a condition of employment; or |
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(B) incentivizes the employee's receipt of the |
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vaccine through any form of remuneration, compensation, or benefit; |
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and |
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(2) the employee receives the vaccine on account of |
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the employer's requirement or incentive. |
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Sec. 100B.003. LIABILITY FOR REQUIRING OR INCENTIVIZING |
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VACCINE TO RECEIVE GOODS OR SERVICES. An individual may bring an |
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action against a person for actual damages caused by a vaccine if: |
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(1) the person: |
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(A) requires the individual to receive the |
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vaccine as a condition of receiving goods or services offered in |
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this state by the person; or |
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(B) incentivizes through any form of |
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remuneration, compensation, benefit, or discount, the individual |
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to receive the vaccine in connection with the provision of goods or |
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services in this state to the individual; and |
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(2) the individual receives the vaccine on account of |
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the person's requirement or incentive. |
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Sec. 100B.004. LIMITATIONS PERIOD. A claimant must bring |
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suit under this chapter not later than four years after the day the |
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claimant knew, or reasonably should have known, of the injury or |
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damages giving rise to the person's cause of action. |
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Sec. 100B.005. WAIVER OR LIMITATION VOID. A person may not |
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waive or limit a right or remedy granted by this chapter. A |
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purported waiver or limitation of any right or remedy granted by |
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this chapter is void. |
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SECTION 2. Chapter 100B, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |