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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting an employer from adopting or enforcing |
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certain COVID-19 vaccine mandates; authorizing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Health and Safety Code, is |
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amended by adding Chapter 81D to read as follows: |
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CHAPTER 81D. PROHIBITED CORONAVIRUS VACCINE MANDATES BY EMPLOYER |
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Sec. 81D.001. DEFINITIONS. In this chapter: |
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(1) "Adverse action" means an action taken by an |
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employer that a reasonable person would consider was for the |
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purpose of punishing, alienating, or otherwise adversely affecting |
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an employee, contractor, applicant for employment, or applicant for |
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a contract position. |
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(2) "Commission" means the Texas Workforce |
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Commission. |
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(3) "COVID-19" means the 2019 novel coronavirus |
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disease and any variants of the disease. |
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(4) "Employer" means a person who employs one or more |
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employees. |
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Sec. 81D.002. EMPLOYER CORONAVIRUS VACCINE MANDATES |
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PROHIBITED. An employer may not adopt or enforce a mandate |
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requiring an employee, contractor, applicant for employment, or |
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applicant for a contract position to be vaccinated against COVID-19 |
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as a condition of employment or a contract position. |
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Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An |
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employer may not take an adverse action against an employee, |
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contractor, applicant for employment, or applicant for a contract |
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position for a refusal to be vaccinated against COVID-19. |
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Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) An employee, |
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contractor, applicant for employment, or applicant for a contract |
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position against whom an employer took an adverse action in |
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violation of this chapter may file a complaint with the commission |
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in the form and manner prescribed by commission rules. |
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(b) A complaint filed with the commission must include the |
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following information: |
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(1) the name of the complainant; |
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(2) the name of the employer; and |
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(3) the nature and description of any alleged adverse |
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action the employer took against the complainant. |
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(c) On receipt of a complaint under Subsection (a), the |
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commission shall conduct an investigation to determine whether the |
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employer took an adverse action against the complainant because of |
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the complainant's refusal to be vaccinated against COVID-19. |
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(d) The commission shall adopt rules prescribing the |
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procedures for accepting complaints and conducting investigations |
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under this section. |
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Sec. 81D.005. INJUNCTIVE RELIEF. (a) The attorney general |
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may bring an action for injunctive relief against the employer to |
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prevent further violations of this chapter by the employer. The |
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action must be filed in a district court in: |
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(1) Travis County; or |
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(2) the county in which the alleged adverse action |
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occurred. |
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(b) In an injunction issued under Subsection (a), a court |
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may include reasonable requirements to prevent further violations |
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of this section. |
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Sec. 81D.006. ADMINISTRATIVE PENALTY. The commission may |
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impose on an employer who violates this chapter an administrative |
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penalty of not more than $1,000 for each violation, unless the |
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employer, as applicable: |
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(1) hires the applicant for employment or offers a |
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contract to the applicant for a contract position; or |
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(2) reinstates the employee or contractor and provides |
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the employee or contractor with back pay from the date the employer |
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took the adverse action and makes every reasonable effort to |
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reverse the effects of the adverse action, including reestablishing |
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employee benefits for which the employee or contractor otherwise |
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would have been eligible if the adverse action had not been taken. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct or an adverse action 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 on the 91st day after the last day of the |
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legislative session. |