88S30818 KKR-F
 
  By: Leach H.B. No. 7
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting a private employer from adopting or
  enforcing certain COVID-19 vaccine mandates; authorizing an
  administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
  amended by adding Chapter 81D to read as follows:
  CHAPTER 81D. PROHIBITED CORONAVIRUS VACCINE MANDATES BY PRIVATE
  EMPLOYER
         Sec. 81D.001.  DEFINITIONS. In this chapter:
               (1)  "Adverse action" means an action taken by an
  employer that a reasonable person would consider was for the
  purpose of punishing, alienating, or otherwise adversely affecting
  an employee, contractor, applicant for employment, or applicant for
  a contract position.
               (2)  "Commission" means the Texas Workforce
  Commission.
               (3)  "COVID-19" means the 2019 novel coronavirus
  disease and any variants of the disease.
               (4)  "Employer" means a person, other than a
  governmental entity, who employs one or more employees.
         Sec. 81D.002.  EMPLOYER CORONAVIRUS VACCINE MANDATES
  PROHIBITED. An employer may not adopt or enforce a mandate
  requiring an employee, contractor, applicant for employment, or
  applicant for a contract position to be vaccinated against COVID-19
  as a condition of employment or a contract position.
         Sec. 81D.003.  PROHIBITED ADVERSE ACTION BY EMPLOYER. An
  employer may not take an adverse action against an employee,
  contractor, applicant for employment, or applicant for a contract
  position for a refusal to be vaccinated against COVID-19.
         Sec. 81D.0035.  ADVERSE ACTION EXCEPTION FOR CERTAIN HEALTH
  CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS. (a) In
  this section:
               (1)  "Health care facility" means a facility that is a
  provider of services, as defined by Section 1861, Social Security
  Act (42 U.S.C. Section 1395x).
               (2)  "Health care provider" and "physician" have the
  meanings assigned by Section 74.001, Civil Practice and Remedies
  Code.
         (b)  A health care facility, health care provider, or
  physician may establish and enforce a reasonable policy that
  includes requiring the use of protective medical equipment by an
  individual who is an employee or contractor of the facility,
  provider, or physician and who is not vaccinated against COVID-19
  based on the level of risk the individual presents to patients from
  the individual's routine and direct exposure to patients.
         (c)  Establishing or enforcing a policy described by
  Subsection (b) is not considered an adverse action under this
  chapter.
         Sec. 81D.004.  COMPLAINT; INVESTIGATION. (a) An employee,
  contractor, applicant for employment, or applicant for a contract
  position against whom an employer took an adverse action in
  violation of this chapter may file a complaint with the commission
  in the form and manner prescribed by commission rules.
         (b)  A complaint filed with the commission must include the
  following information:
               (1)  the name of the complainant;
               (2)  the name of the employer; and
               (3)  the nature and description of any alleged adverse
  action the employer took against the complainant.
         (c)  On receipt of a complaint under Subsection (a), the
  commission shall conduct an investigation to determine whether the
  employer took an adverse action against the complainant because of
  the complainant's refusal to be vaccinated against COVID-19.  For a
  complaint against a health care facility, health care provider, or
  physician, the commission shall consult with the department in
  determining if a policy adopted under Section 81D.0035 was
  reasonable.
         (d)  The commission shall adopt rules prescribing the
  procedures for accepting complaints and conducting investigations
  under this section.
         Sec. 81D.005.  INJUNCTIVE RELIEF. (a)  On receipt of a
  complaint filed under Section 81D.004, the commission may request
  that the attorney general bring an action for injunctive relief
  against the employer to prevent further violations of this chapter
  by the employer.  The action must be filed in a district court in:
               (1)  Travis County; or
               (2)  the county in which the alleged adverse action
  occurred.
         (b)  In an injunction issued under Subsection (a), a court
  may include reasonable requirements to prevent further violations
  of this section.
         Sec. 81D.006.  ADMINISTRATIVE PENALTY. (a)  The commission
  may impose on an employer who violates this chapter an
  administrative penalty of not more than $10,000 for each violation,
  unless the employer, as applicable:
               (1)  hires the applicant for employment or offers a
  contract to the applicant for a contract position; or
               (2)  reinstates the employee or contractor and provides
  the employee or contractor with back pay from the date the employer
  took the adverse action and makes every reasonable effort to
  reverse the effects of the adverse action, including reestablishing
  employee benefits for which the employee or contractor otherwise
  would have been eligible if the adverse action had not been taken.
         (b)  If, following an investigation under Section 81D.004,
  the commission determines that the employer violated this chapter,
  the commission may recover from the employer reasonable
  investigative costs incurred by the commission in conducting the
  investigation, regardless of whether the employer has taken an
  action described by Subsection (a)(1) or (2).
         SECTION 2.  The change in law made by this Act applies only
  to conduct or an adverse action that occurs on or after the
  effective date of this Act.
         SECTION 3.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this Act are declared severable.
         SECTION 4.  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.