| |
| |
|
|
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. |