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A BILL TO BE ENTITLED
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AN ACT
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relating to protecting the bodily autonomy of individuals with |
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respect to exemptions from required immunizations or vaccinations |
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in the workplace. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) a fundamental purpose of our government is protect |
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the rights and liberties of individuals, and among these rights and |
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liberties is bodily autonomy; |
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(2) the experimental nature of the mRNA COVID-19 |
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vaccines creates legitimate reasons for a desire to be exempt from a |
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vaccination requirement in one's workplace; |
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(3) there are employees in Texas who may be required to |
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obtain certain vaccinations as a term or condition of their |
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employment, and who may wish not to receive these vaccinations due |
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to medical concerns or personal beliefs; |
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SECTION 2. 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 EXEMPTION FROM REQUIRED |
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IMMUNIZATION OR VACCINATION |
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Sec. 21.421. EXEMPTION FROM REQUIRED IMMUNIZATION OR |
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VACCINATION. An employer, labor organization, or employment agency |
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shall allow an individual to claim an exemption from a required |
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immunization or vaccination based on a medical condition or reasons |
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of conscience, including a religious belief. |
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Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON EXEMPTION |
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FROM REQUIRED IMMUNIZATION OR VACCINATION. (a) An employer |
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commits an unlawful employment practice if the employer fails or |
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refuses to hire, discharges, or otherwise discriminates against an |
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individual with respect to the compensation or the terms, |
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conditions, or privileges of employment because the individual |
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claims an exemption described by Section 21.421. |
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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 claims an exemption described by Section |
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21.421. |
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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 claims |
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an exemption described by Section 21.421. |
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SECTION 2. Section 224.002(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The policy must [may] include procedures for a covered |
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individual to be exempt from the required vaccines based on reasons |
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of conscience, including a religious belief. |
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SECTION 3. 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 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |