Amend CSSB 7 (house committee report) on page 2, between lines 6 and 7, by inserting the following appropriately numbered section and renumbering subsequent sections of proposed Chapter 81D, Health and Safety Code, and any cross-references to those sections, accordingly:
Sec. 81D.___. ADVERSE ACTION EXCEPTION FOR EMPLOYERS OTHER THAN CERTAIN HEALTH CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS. (a) This section does not apply to an employer who is a "health care facility," "health care provider," or "physician," as those terms are defined by Section 81D.0035.
(b) The following actions taken by an employer with respect to an employee or contractor to protect the health and safety of individuals at the employer's worksite are not considered adverse actions under this chapter:
(1) offering the employee or contractor the option to work remotely;
(2) asking the employee or contractor to use personal protective equipment;
(3) moving the employee's or contractor's workspace to another area of the employee's or contractor's current worksite;
(4) reassigning the employee's or contractor's work responsibilities without adversely affecting the employee's or contractor's compensation or benefits; or
(5) if a statewide or regional public health disaster or a statewide or regional public health emergency is declared under Chapter 418, Government Code, or Section 81.0813 of this code, in response to a COVID-19 outbreak, offering the employee or contractor a leave of absence during the period the disaster or emergency is in effect.