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A BILL TO BE ENTITLED
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AN ACT
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relating to COVID-19 vaccination policies and related measures of |
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governmental entities; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.91925 to read as follows: |
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Sec. 51.91925. PROHIBITED COVID-19 POLICIES; CRIMINAL |
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OFFENSE; REPORTING SYSTEM. (a) In this section: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) An institution of higher education may not adopt or |
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enforce a policy that: |
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(1) prohibits a student from residing in a dormitory |
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or other student housing facility or from attending in-person |
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classes or meetings based on the student's refusal or failure to be |
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vaccinated against COVID-19; or |
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(2) discriminates in any manner against a student, in |
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relation to the student residing in a dormitory or other student |
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housing facility or attending in-person classes or meetings, who |
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tests positive for, is exposed to an individual who tests positive |
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for, or is experiencing symptoms related to COVID-19 based on the |
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student's vaccination status or the student's refusal or failure to |
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provide documentation of the student's vaccination against |
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COVID-19. |
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(c) Subsection (b) does not prohibit an institution of |
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higher education from adopting a quarantine policy for a student |
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who tests positive for, is exposed to an individual who tests |
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positive for, or is experiencing symptoms related to COVID-19 |
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provided the policy does not discriminate against the student based |
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on the student's vaccination status or the student's refusal or |
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failure to provide documentation of the student's vaccination |
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against COVID-19. |
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(d) An officer or employee of an institution of higher |
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education commits an offense if the officer or employee violates |
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this section. An offense under this subsection is a misdemeanor |
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punishable only by a fine of not less than $1,000 for each |
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violation, except that the offense is a Class A misdemeanor if the |
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officer or employee has been previously convicted three or more |
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times of an offense under this subsection. |
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(e) The Department of Public Safety shall develop and |
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maintain a reporting system accessible through the department's |
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Internet website through which an individual may submit information |
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related to a violation of this section and allow criminal justice |
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agencies as defined by Article 66.001, Code of Criminal Procedure, |
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to access the information for investigation or prosecution of the |
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violation. |
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SECTION 2. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0015 to read as follows: |
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Sec. 161.0015. PROHIBITED COVID-19 VACCINATION POLICIES; |
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CRIMINAL OFFENSE; REPORTING SYSTEM. (a) In this section: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(2) "Governmental entity" means this state, a |
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political subdivision of this state, or an agency of this state or a |
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political subdivision of this state. The term includes an |
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institution of higher education as defined by Section 61.003, |
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Education Code. |
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(b) A governmental entity may not adopt or enforce a policy |
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that requires an individual to be vaccinated against COVID-19, |
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including a policy requiring a COVID-19 vaccination for the |
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individual to: |
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(1) obtain a service or benefit provided by the |
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governmental entity; |
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(2) gain access to an establishment owned or operated |
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by the governmental entity; or |
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(3) contract with the governmental entity. |
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(c) An officer or employee of a governmental entity commits |
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an offense if the officer or employee violates this section. An |
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offense under this subsection is a misdemeanor punishable only by a |
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fine of not less than $1,000 for each violation, except that the |
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offense is a Class A misdemeanor if the officer or employee has been |
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previously convicted three or more times of an offense under this |
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subsection. |
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(d) The Department of Public Safety shall develop and |
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maintain a reporting system accessible through the department's |
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Internet website through which an individual may submit information |
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related to a violation of this section and allow criminal justice |
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agencies as defined by Article 66.001, Code of Criminal Procedure, |
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to access the information for investigation or prosecution of the |
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violation. |
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SECTION 3. Section 51.91925, Education Code, and Section |
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161.0015, Health and Safety Code, as added by this Act, apply only |
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to conduct that occurs on or after the effective date of this Act. |
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SECTION 4. This Act takes effect February 1, 2022. |