88R3247 SCL-D
 
  By: Hall S.B. No. 302
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employer civil liability for a vaccine requirement
  imposed on the employer's employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 100B to read as follows:
  CHAPTER 100B. LIABILITY FOR VACCINE REQUIREMENTS
         Sec. 100B.001.  EMPLOYER LIABILITY FOR VACCINE
  REQUIREMENTS. (a)  Notwithstanding Section 408.001, Labor Code,
  and except as provided by Subsection (b) of this section, an
  employee or the employee's legal representative if the employee is
  deceased or incapacitated may bring an action against the
  employee's employer for damages arising from adverse health events
  that are a result of the employer's vaccine requirement for
  employees.
         (b)  This section does not apply to an employer that accepts
  the following exemptions from the employer's vaccine requirement
  for employees:
               (1)  the employee has reasons of conscience, including
  a religious belief, that conflict with the employer's vaccine
  requirement; and
               (2)  the vaccination is medically contraindicated
  based on the opinion of a physician who has examined the employee.
         (c)  A court may award a claimant who prevails in an action
  brought under this section reasonable attorney's fees and court
  costs.
         SECTION 2.  Section 100B.001, Civil Practice and Remedies
  Code, as added by this Act, applies only to a cause of action that
  accrues on or after the effective date of this Act.
         SECTION 3.  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 September 1, 2023.