By: Hall S.B. No. 11
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited vaccination status discrimination and
  requirements for certain vaccination policies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 adding Subsection (b-1) and amending
  Subsection (e) to read as follows:
         (b-1)  A governmental entity in this state may not require an
  individual to provide any documentation certifying the
  individual's COVID-19 vaccination or post-transmission recovery on
  entry to, to gain access to, or to receive service from the
  governmental entity.
         (e)  This section may not be construed to:
               (1)  restrict a business or governmental entity from
  implementing COVID-19 screening and infection control protocols in
  accordance with 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.
         SECTION 2.  Section 224.002(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The policy must [may] include procedures for a covered
  individual to be exempt from the required vaccines based on reasons
  of conscience, including a religious belief.
         SECTION 3.  Chapter 21, Labor Code, is amended by adding
  Subchapter H-1 to read as follows:
  SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION OR
  VACCINATION STATUS
         Sec. 21.421.  PROHIBITED DISCRIMINATION BASED ON
  IMMUNIZATION OR VACCINATION STATUS. (a) An employer commits an
  unlawful employment practice if the employer fails or refuses to
  hire, discharges, or otherwise discriminates against an individual
  with respect to the compensation or the terms, conditions, or
  privileges of employment because the individual has not received an
  immunization or vaccine.
         (b)  A labor organization commits an unlawful employment
  practice if the labor organization excludes or expels from
  membership or otherwise discriminates against an individual
  because the individual has not received an immunization or vaccine.
         (c)  An employment agency commits an unlawful employment
  practice if the employment agency classifies or refers for
  employment, fails or refuses to refer for employment, or otherwise
  discriminates against an individual because the individual has not
  received an immunization or vaccine.
         SECTION 4.  Subchapter H-1, Chapter 21, Labor Code, as added
  by this Act, applies only to an unlawful employment practice that
  occurs on or after the effective date of this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.