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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a private employer from adopting or |
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enforcing COVID-19 vaccine mandates; authorizing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81D.001, Health and Safety Code, is |
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amended to read as follows: |
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(1) "Adverse action" means an action taken by an |
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employer that a reasonable person would consider was for the |
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purpose of punishing, alienating, or otherwise adversely affecting |
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[an employee, contractor, applicant for employment, or applicant |
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for a contract position] a person. |
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SECTION 2. Section 81D.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81D.002. EMPLOYER CORONAVIRUS VACCINE MANDATES |
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PROHIBITED. An employer may not adopt or enforce a mandate |
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[requiring an employee, contractor, applicant for employment, or |
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applicant for a contract position to be vaccinated against |
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COVID-19] requiring a person to be vaccinated against COVID-19 for |
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any reason, including as a condition of employment, [or] a contract |
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position, or admission. |
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SECTION 3. Section 81D.003, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An |
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employer may not take an adverse action against [an employee, |
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contractor, applicant for employment, or applicant for a contract |
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position] a person for a refusal to be vaccinated against COVID-19. |
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SECTION 4. Section 81D.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) [An employee, |
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contractor, applicant for employment, or applicant for a contract |
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position] A person against whom an employer took an adverse action |
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in violation of this chapter may file a complaint with the |
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commission in the form and manner prescribed by commission rules. |
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SECTION 5. The change in law made by this Act applies only |
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to conduct or an adverse action that occurs on or after the |
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effective date of this Act. |
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SECTION 6. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared severable. |
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SECTION 7. 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. |