BILL ANALYSIS

 

 

Senate Research Center

H.B. 609

88R1080 AJA-D

By: Vasut (Middleton)

 

State Affairs

 

5/1/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In 2021, the 87th Texas Legislature passed S.B. 6, which provides, among other things, liability protection for certain individuals, organizations, and institutions relating to certain actions taken in response to pandemics set out in new Chapter 148 of the Texas Civil Practice and Remedies Code. S.B. 6, however, did not protect business owners from liability if they chose to respect individual liberty by not imposing vaccine mandates on their employees or businesses.

 

H.B. 609 amends Chapter 148 of the Texas Civil Practice and Remedies Code to protect business owners and operators from liability for injury or death caused by the exposure of an individual to a pandemic disease through an employee or contractor if it chooses not to require employees or contractors of the business to be vaccinated against a pandemic disease.

 

H.B. 609 amends current law relating to the liability of a business owner or operator arising from the exposure of an individual to a pandemic disease.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 148.003, Civil Practice and Remedies Code, by adding Subsection (k), as follows:

 

(k) Provides that a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease is not liable for injury or death caused by the exposure of an individual to the pandemic disease through an employee or contractor of the business, notwithstanding any other provision of Section 148.003 (Liability for Causing Exposure to Pandemic Disease).

 

SECTION 2. Makes application of Section 148.003(k), Civil Practice and Remedies Code, as added by this Act, prospective.

 

SECTION 3. Effective date: upon passage or September 1, 2023.