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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on the use of state money to enforce |
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federal vaccine or treatment mandates and on required COVID-19 |
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vaccinations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0065 to read as follows: |
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Sec. 161.0065. PROHIBITION ON USE OF STATE MONEY TO ENFORCE |
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FEDERAL VACCINE OR TREATMENT MANDATES. (a) In this section, |
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"governmental entity" means this state, a political subdivision of |
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this state, or an agency of this state or a political subdivision of |
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this state. The term includes an institution of higher education as |
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defined by Section 61.003, Education Code. |
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(b) A governmental entity or a private entity that receives |
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money from this state may not use state money or any other state |
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resource to enforce a federal statute, order, rule, or regulation |
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mandating vaccines or other invasive health care treatments. |
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SECTION 2. Chapter 52, Labor Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS |
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Sec. 52.081. DEFINITIONS. In this subchapter: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(2) "Employer" means a person who employs one or more |
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employees. |
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(3) "Governmental entity" means this state, a |
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political subdivision of this state, or an agency of this state or a |
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political subdivision of this state. The term includes an |
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institution of higher education as defined by Section 61.003, |
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Education Code. |
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Sec. 52.082. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS |
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AND RELATED ENFORCEMENT. (a) An employer is not required to comply |
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with a federal statute, order, rule, or regulation mandating |
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employer-required COVID-19 vaccinations if that vaccination |
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requirement does not exist under the laws of this state. |
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(b) A governmental entity or person employed by or otherwise |
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under the direction or control of the entity may not enforce or |
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attempt to enforce any federal statute, order, rule, or regulation |
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described by Subsection (a). |
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SECTION 3. Any federal statute, order, rule, regulation, |
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treaty, or court decision that purports to supersede, stay, or |
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overrule this Act is in violation of the Texas Constitution and the |
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United States Constitution and is therefore void. The State of |
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Texas, a governmental entity of this state, and any agent of this |
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state or a governmental entity of this state may, but is not |
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required to, enter an appearance, special or otherwise, in any |
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federal suit challenging this Act. |
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SECTION 4. 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. |