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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of local governmental entities to mandate |
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COVID-19 vaccinations for entity employees. |
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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 161.0055 to read as follows: |
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Sec. 161.0055. LOCAL GOVERNMENTAL ENTITY AUTHORITY TO |
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MANDATE COVID-19 VACCINATIONS FOR ENTITY EMPLOYEES. (a) In this |
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section: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(2) "Local governmental entity" has the meaning |
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assigned by Section 554.001, Government Code. |
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(b) Notwithstanding any other law, a local governmental |
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entity may, as a condition of employment, require an entity |
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employee to provide to the entity in the form and manner prescribed |
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by the entity documentation of the employee's COVID-19 vaccination, |
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including any recommended booster dose of the vaccine. |
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(c) A local governmental entity that requires an entity |
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employee to be vaccinated against COVID-19 under Subsection (b) |
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shall allow the employee to claim an exemption from the required |
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vaccination based on a medical condition or a religious belief if |
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the employee submits to the entity on the form prescribed under |
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Subsection (d): |
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(1) an affidavit signed by a physician who is duly |
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registered and licensed to practice medicine in the United States |
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stating that, in the physician's opinion, the required vaccination |
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poses a significant risk to the employee's health; or |
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(2) an affidavit signed by the employee or, if the |
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employee is a minor, by the employee's parent or guardian stating |
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that the employee declines immunization for a specified and |
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verifiable religious-based reason and that the immunization |
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conflicts with the tenets and practices of a recognized church or |
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religious denomination of which the employee is an adherent or |
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member. |
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(d) The Texas Workforce Commission shall develop and make |
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available on the workforce commission's Internet website blank |
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affidavit forms to be used by an employee who claims an exemption |
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from a required COVID-19 vaccination under Subsection (c). |
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(e) An executive order, proclamation, or regulation issued |
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under Chapter 418, Government Code, may not suspend, limit, or |
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alter this section or an employment condition established by a |
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local governmental entity under this section. |
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SECTION 2. 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. |