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A BILL TO BE ENTITLED
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AN ACT
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relating to an exception to the prohibition on COVID-19 vaccine |
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passports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 161.0085, Health and |
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Safety Code, as added by S.B. No. 968, Acts of the 87th Legislature, |
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Regular Session, 2021, is amended to read as follows: |
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Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED; |
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EXCEPTION. |
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SECTION 2. Section 161.0085, Health and Safety Code, as |
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added by S.B. No. 968, Acts of the 87th Legislature, Regular |
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Session, 2021, is amended by amending Subsections (c) and (d) and |
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adding Subsection (c-1) to read as follows: |
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(c) Except as provided by Subsection (c-1), a [A] business |
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in this state may not require a customer to provide any |
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documentation certifying the customer's COVID-19 vaccination or |
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post-transmission recovery on entry to, to gain access to, or to |
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receive service from the business. A business that fails to comply |
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with this subsection is not eligible to receive a grant or enter |
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into a contract payable with state funds. |
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(c-1) A venue as defined by Section 327.001, Business & |
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Commerce Code, or a business that is permitted or licensed to sell |
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alcoholic beverages at retail for on-premises consumption may |
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require an individual to provide documentation certifying the |
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individual's COVID-19 vaccination status or post-transmission |
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recovery on entry to or to gain access to the venue or business. |
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(d) Notwithstanding any other law and except as provided by |
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Subsection (c-1), each appropriate state agency shall ensure that |
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businesses in this state comply with Subsection (c) and may require |
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compliance with that subsection as a condition for a license, |
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permit, or other state authorization necessary for conducting |
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business in this state. |
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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. |