87S20427 JG-D
 
  By: Tinderholt H.B. No. 125
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited COVID-19 vaccine passports; providing a
  civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 161.0085, Health and
  Safety Code, as added by S.B. No. 968, Acts of the 87th Legislature,
  Regular Session, 2021, is amended to read as follows:
         Sec. 161.0085.  COVID-19 VACCINE PASSPORTS PROHIBITED;
  CIVIL PENALTY.
         SECTION 2.  Section 161.0085, Health and Safety Code, as
  added by S.B. No. 968, Acts of the 87th Legislature, Regular
  Session, 2021, is amended by amending Subsections (c), (d), and (e)
  and adding Subsections (c-1) and (f) to read as follows:
         (c)  A business in this state may not require a customer or an
  employee of the business to provide any documentation certifying
  the customer's or employee's COVID-19 vaccination or
  post-transmission recovery on entry to, to gain access to, [or] to
  receive service from, or to be employed by the business. A business
  that fails to comply with this subsection is not eligible to receive
  a grant or enter into a contract payable with state funds.
         (c-1)  A public or private primary or secondary school in
  this state may not require a student to provide documentation
  certifying the student's COVID-19 vaccination or post-transmission
  recovery for entry or admission to the school. A public or private
  primary or secondary school in this state that fails to comply with
  this subsection is not eligible to receive a grant or enter into a
  contract payable with state funds.
         (d)  Notwithstanding any other law, each appropriate state
  agency shall ensure that businesses in this state comply with
  Subsection (c) and [may] require compliance with that subsection as
  a condition for a license, permit, or other state authorization
  necessary for conducting business in this state.
         (e)  This section may not be construed to:
               (1)  restrict a business or public or private primary
  or secondary school from implementing COVID-19 screening and
  infection control protocols for customers or students, as
  applicable, in accordance with authoritative or controlling
  government-issued guidance [state and federal law] to protect
  public health; or
               (2)  interfere with an individual's right to access the
  individual's personal health information under federal law.
         (f)  A governmental entity, business, or public or private
  primary or secondary school that violates this section is liable to
  this state for a civil penalty in an amount not to exceed $5,000 for
  each violation. The attorney general may bring an action to collect
  the civil penalty imposed under this subsection.
         SECTION 3.  Section 161.0085, Health and Safety Code, as
  amended by this Act, applies only to conduct that occurs on or after
  the effective date of this Act. Conduct that occurs before the
  effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect December 1, 2021.