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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on compliance with and enforcement of |
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federal COVID-19 vaccine mandates; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 52, Labor Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS |
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Sec. 52.081. DEFINITIONS. In this subchapter: |
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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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Sec. 52.082. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter applies to the Texas National Guard as if it were a |
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governmental entity. |
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(b) This subchapter does not apply to enforcement by an |
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agency of or a corporation wholly owned by the federal government of |
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a mandate requiring a full-time employee of the agency or |
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corporation be vaccinated against COVID-19. |
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Sec. 52.083. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS |
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AND RELATED ENFORCEMENT; OFFENSE; PENALTY. (a) A person is not |
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required to comply with a federal statute, order, rule, or |
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regulation mandating or purporting to mandate COVID-19 |
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vaccinations if that vaccination requirement does not exist under |
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the laws of this state. |
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(b) A governmental entity or an officer, employee, or other |
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individual under the direction or control of the entity may not |
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enforce or attempt to enforce any federal statute, order, rule, or |
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regulation described by Subsection (a). |
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(c) A governmental entity or an officer, employee, or other |
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individual under the direction or control of the entity may not |
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require a person to respond to or make an appearance in court for an |
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action or suit filed against the person based on a violation of a |
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federal statute, order, rule, or regulation described by Subsection |
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(a). |
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(d) The attorney general shall defend a governmental entity |
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in any action or suit filed against the entity based on a violation |
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of a federal statute, order, rule, or regulation described by |
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Subsection (a). |
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(e) An officer, employee, or other individual under the |
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direction and control of a governmental entity who violates |
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Subsection (b) commits an offense. An offense under this |
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subsection is a felony of the third degree. |
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Sec. 52.084. PROHIBITION ON COOPERATION WITH FEDERAL |
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GOVERNMENT; OFFENSE; PENALTY. (a) A governmental entity or an |
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officer, employee, or other person under the direction or control |
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of a governmental entity, including a sheriff, deputy sheriff, or |
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other peace officer, may not give force or effect to any court order |
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that conflicts with this subchapter. |
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(b) Cooperative agreements with federal agencies |
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notwithstanding, a law enforcement agency or peace officer in this |
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state may not assist or cooperate in any way with the enforcement of |
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any federal statute, order, rule, or regulation described by |
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Section 52.083(a). |
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(c) A person commits an offense if, in the person's official |
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capacity as a federal officer or agent the person knowingly: |
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(1) enforces or attempts to enforce any federal |
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statute, order, rule, or regulation described by Section 52.083(a); |
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or |
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(2) assists a person acting in an official capacity as |
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an officer or agent of the federal government in enforcing or |
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attempting to enforce any federal statute, order, rule, or |
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regulation described by Section 52.083(a). |
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(d) An offense under Subsection (c) is a felony of the third |
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degree. |
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Sec. 52.085. ENFORCEMENT OF SUBCHAPTER. (a) The attorney |
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general shall enforce this subchapter by injunction and any other |
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available remedy. |
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(b) The governor shall take any action within the governor's |
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powers to enforce this subchapter. |
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(c) Each governmental entity shall enforce this subchapter. |
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(d) A peace officer shall arrest a person who commits an |
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offense under Section 52.083 or 52.084 and an attorney representing |
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the state shall prosecute the offense. |
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SECTION 2. Any federal statute, order, rule, regulation, |
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treaty, or court decision that purports to supersede, stay, or |
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overrule this Act is in violation of the Texas Constitution and the |
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United States Constitution and is therefore void. The State of |
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Texas, a governmental entity of this state, and any agent of this |
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state or a governmental entity of this state may, but is not |
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required to, enter an appearance, special or otherwise, in any |
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federal suit challenging this Act. |
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SECTION 3. 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. |