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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited vaccination status discrimination and |
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requirements for certain vaccination policies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 adding Subsection (b-1) and amending |
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Subsection (e) to read as follows: |
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(b-1) A governmental entity in this state may not require an |
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individual to provide any documentation certifying the |
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individual's COVID-19 vaccination or post-transmission recovery on |
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entry to, to gain access to, or to receive service from the |
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governmental entity. |
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(e) This section may not be construed to: |
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(1) restrict a business or governmental entity from |
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implementing COVID-19 screening and infection control protocols in |
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accordance with state and federal law to protect 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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SECTION 2. Section 224.002(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The policy must [may] include procedures for a covered |
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individual to be exempt from the required vaccines based on reasons |
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of conscience, including a religious belief. |
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SECTION 3. Chapter 21, Labor Code, is amended by adding |
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Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION OR |
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VACCINATION STATUS |
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Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON |
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IMMUNIZATION OR VACCINATION STATUS. (a) An employer commits an |
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unlawful employment practice if the employer fails or refuses to |
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hire, discharges, or otherwise discriminates against an individual |
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with respect to the compensation or the terms, conditions, or |
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privileges of employment because the individual has not received an |
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immunization or vaccine. |
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(b) A labor organization commits an unlawful employment |
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practice if the labor organization excludes or expels from |
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membership or otherwise discriminates against an individual |
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because the individual has not received an immunization or vaccine. |
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(c) An employment agency commits an unlawful employment |
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practice if the employment agency classifies or refers for |
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employment, fails or refuses to refer for employment, or otherwise |
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discriminates against an individual because the individual has not |
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received an immunization or vaccine. |
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SECTION 4. Subchapter H-1, Chapter 21, Labor Code, as added |
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by this Act, applies only to an unlawful employment practice that |
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occurs on or after the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |