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A BILL TO BE ENTITLED
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AN ACT
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relating to protecting the medical freedom and bodily autonomy of |
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employees with respect to immunization or vaccination status. |
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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) the emergence of the COVID-19 pandemic and |
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corresponding vaccines utilizing new mRNA technology has brought |
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the question of personal bodily autonomy to the forefront of our |
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national and state dialogue; |
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(2) the recently implemented COVID-19 passport |
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protections extend only to patrons of businesses and not employees; |
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(3) the arguments in defense of customers' |
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right-of-access to establishments, goods, and services accompanied |
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by a freedom to move about unhindered may also be applied to |
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protecting an individual from being made to choose between |
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continued employment or taking a vaccine which gives them concerns |
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due to medical reasons or reasons of conscience; |
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(4) a primary role of our government is to protect |
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individual liberties, among which medical freedom and bodily |
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autonomy are certainly numbered; |
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(5) employers are not otherwise prevented in Texas |
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statute from implementing safety precautions for their employees |
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and customers apart from immunizations or vaccinations; |
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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 IMMUNIZATION OR |
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VACCINATION STATUS |
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Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON |
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IMMUNIZATION OR VACCINATION STATUS. (a) An employer commits an |
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unlawful employment practice if the employer fails or refuses to |
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hire, discharges, or otherwise discriminates against an individual |
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with respect to the compensation or the terms, conditions, or |
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privileges of employment because the individual has not received an |
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immunization or 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 an immunization or 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 an immunization or vaccine. |
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SECTION 2. The following provisions are repealed: |
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(1) Chapter 224, Health and Safety Code; and |
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(2) Section 42.04305, Human Resources Code. |
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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 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. |