88R10850 MCF-D
 
  By: Schatzline H.B. No. 3151
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited health care discrimination based on
  vaccination status; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.01095 to read as follows:
         Sec. 161.01095.  PROHIBITED DISCRIMINATION BASED ON
  VACCINATION STATUS; CIVIL PENALTY.  (a)  In this section, "health
  care provider" means an individual or facility licensed, certified,
  or otherwise authorized to administer health care, for profit or
  otherwise, in the ordinary course of business or professional
  practice. The term includes a physician.
         (b)  Notwithstanding any other law, a health care provider
  may not, based on an individual's vaccination status, deny or
  refuse to provide the individual a health care treatment,
  procedure, or service.
         (c)  A health care provider who violates this section is
  subject to a civil penalty of $50,000 for each violation. The
  attorney general may bring an action to recover the civil penalty
  and may recover attorney's fees and costs incurred in bringing the
  action.
         SECTION 2.  This Act takes effect September 1, 2023.