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A BILL TO BE ENTITLED
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AN ACT
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relating to unlawful employment practices with respect to the |
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COVID-19 vaccine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 COVID-19 VACCINATION |
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STATUS |
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Sec. 21.421. DEFINITION. In this subchapter, "COVID-19" |
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means the 2019 novel coronavirus disease. |
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Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19 |
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VACCINATION STATUS. (a) An employer commits an unlawful |
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employment practice if the employer fails or refuses to hire, |
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discharges, or otherwise discriminates against an individual with |
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respect to the compensation or the terms, conditions, or privileges |
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of employment because the individual has not received the COVID-19 |
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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 the COVID-19 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 a COVID-19 vaccine. |
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SECTION 2. The change in law made by this Act applies only |
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to an unlawful employment practice that occurs on or after the |
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effective date of this Act. |
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SECTION 3. 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 September 1, 2021. |