| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to exemptions from COVID-19 vaccine requirements and |
|
|
vaccination status discrimination. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 161, Health and Safety |
|
|
Code, is amended by adding Section 161.0086 to read as follows: |
|
|
Sec. 161.0086. EXEMPTIONS FROM COVID-19 VACCINE |
|
|
REQUIREMENTS. (a) In this section: |
|
|
(1) "COVID-19" means the 2019 novel coronavirus |
|
|
disease. |
|
|
(2) "Employer," "employment agency," and "labor |
|
|
organization" have the meanings assigned by Section 21.002, Labor |
|
|
Code. |
|
|
(b) This section does not apply to a health care entity that |
|
|
provides care to an individual who: |
|
|
(1) is immunocompromised; |
|
|
(2) is medically fragile; or |
|
|
(3) provides care to individuals who are not eligible |
|
|
to be vaccinated against COVID-19. |
|
|
(c) Notwithstanding any other law, a law, policy, or other |
|
|
measure requiring an individual in this state to be vaccinated |
|
|
against COVID-19 to enter or gain access to, receive a service from, |
|
|
or be employed by an establishment must allow the individual to |
|
|
claim an exemption from the vaccination requirement based on: |
|
|
(1) the individual's acquired immunity against |
|
|
COVID-19 through post-transmission recovery; |
|
|
(2) a medical condition; or |
|
|
(3) reasons of conscience, including a religious |
|
|
belief. |
|
|
(d) An establishment that fails to comply with Subsection |
|
|
(c) is not eligible to receive a grant or enter into a contract |
|
|
payable with state money. |
|
|
(e) An employer commits an unlawful employment practice for |
|
|
purposes of Chapter 21, Labor Code, if the employer fails or refuses |
|
|
to hire, discharges, or otherwise discriminates against an |
|
|
individual with respect to the compensation or the terms, |
|
|
conditions, or privileges of employment because the individual |
|
|
claims an exemption described by Subsection (c) and is subject to |
|
|
enforcement in the manner provided by Subchapter F of that chapter. |
|
|
(f) A labor organization commits an unlawful employment |
|
|
practice for purposes of Chapter 21, Labor Code, if the labor |
|
|
organization excludes or expels from membership or otherwise |
|
|
discriminates against an individual because the individual claims |
|
|
an exemption described by Subsection (c) and is subject to |
|
|
enforcement in the manner provided by Subchapter F of that chapter. |
|
|
(g) An employment agency commits an unlawful employment |
|
|
practice for purposes of Chapter 21, Labor Code, if the employment |
|
|
agency classifies or refers for employment, fails or refuses to |
|
|
refer for employment, or otherwise discriminates against an |
|
|
individual because the individual claims an exemption described by |
|
|
Subsection (c) and is subject to enforcement in the manner provided |
|
|
by Subchapter F of that chapter. |
|
|
SECTION 2. Section 161.0086, Health and Safety Code, as |
|
|
added by this Act, applies only to conduct or an unlawful employment |
|
|
practice that occurs on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |