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A BILL TO BE ENTITLED
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AN ACT
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relating to preventative health care and public health, including |
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prohibited immunization and face-covering requirements and private |
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business or school closures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001, Education Code, is amended by |
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amending Subsections (a) and (b-1) and adding Subsection (b-2) to |
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read as follows: |
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(a) Except as provided by Subsection (c), each [Each] |
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student shall be fully immunized against the diseases listed in |
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Section 161.004, Health and Safety Code [diphtheria, rubeola, |
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rubella, mumps, tetanus, and poliomyelitis, except as provided by |
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Subsection (c)]. |
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(b-1) Each year, the Department of State Health Services |
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shall prepare a list of the immunizations required [under this |
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section] for admission to public schools [and of any additional |
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immunizations the department recommends for school-age children]. |
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The department shall prepare the list in English and Spanish and |
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make the list available in a manner that permits a school district |
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to easily post the list on the district's Internet website as |
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required by Section 38.019. |
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(b-2) An elementary or secondary school may not require a |
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student, as a condition of the student's admission to or continued |
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enrollment in the school, to be vaccinated against the 2019 novel |
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coronavirus disease (COVID-19). |
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SECTION 2. Section 38.019(a), Education Code, is amended to |
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read as follows: |
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(a) A school district that maintains an Internet website |
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shall post prominently on the website: |
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(1) a list, in English and Spanish, of: |
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(A) the immunizations required for admission to |
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public school in accordance with [by rules of the Department of |
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State Health Services adopted under] Section 38.001; and |
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(B) [any immunizations or vaccines recommended |
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for public school students by the Department of State Health |
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Services; and |
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[(C)] health clinics in the district that offer |
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the influenza vaccine, to the extent those clinics are known to the |
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district; and |
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(2) a link to the page on the Department of State |
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Health Services Internet website that provides [where a person may |
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obtain] information relating to the procedures for claiming an |
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exemption from the immunization requirements of Section 38.001. |
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SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.91921 to read as follows: |
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Sec. 51.91921. PROHIBITION ON PRIVATE OR INDEPENDENT |
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INSTITUTIONS OF HIGHER EDUCATION MANDATING COVID-19 VACCINATION |
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FOR STUDENTS. (a) In this section: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease, including any variant. |
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(2) "Private or independent institution of higher |
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education" has the meaning assigned by Section 61.003. |
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(b) A private or independent institution of higher |
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education may not require a student, as a condition of the student's |
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admission to or continued enrollment in the institution, to be |
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vaccinated against COVID-19. |
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SECTION 4. Section 51.933, Education Code, is amended by |
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amending Subsections (b) and (b-1) and adding Subsection (b-2) to |
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read as follows: |
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(b) The executive commissioner of the Health and Human |
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Services Commission may require a student at an institution of |
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higher education who is pursuing a course of study in a human or |
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animal health profession to be immunized [immunizations] against |
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the diseases listed in Subsection (a) and against hepatitis B, |
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measles, rabies, and varicella, as applicable. The [additional |
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diseases for students at any institution of higher education who |
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are pursuing a course of study in a human or animal health |
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profession, and the] executive commissioner may require those |
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immunizations for any students in times of an emergency or epidemic |
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in a county where the commissioner of state health services has |
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declared such an emergency or epidemic. |
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(b-1) A requirement [rule adopted] under Subsection (b) for |
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[that requires] a student to be immunized against hepatitis B |
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[vaccination for students] may apply only to students enrolled in a |
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course of study that involves potential exposure to human or animal |
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blood or bodily fluids. |
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(b-2) An institution of higher education may not require a |
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student, as a condition of the student's admission to or continued |
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enrollment in the institution, to be vaccinated against COVID-19 as |
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defined by Section 51.91921. |
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SECTION 5. Sections 81.023(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The executive commissioner may recommend to the |
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legislature immunizations to include on the list of immunizations |
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required [department shall develop immunization requirements] for |
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children under Section 161.004. |
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(c) The department shall cooperate with the State Board of |
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Education in [formulating and] implementing immunization |
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requirements for students admitted to public or private primary or |
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secondary schools. |
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SECTION 6. Subtitle D, Title 2, Health and Safety Code, is |
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amended by adding Chapter 81B to read as follows: |
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CHAPTER 81B. PROHIBITED CORONAVIRUS PREVENTATIVE MEASURES |
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Sec. 81B.001. DEFINITIONS. In this chapter: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease and any variants of the disease. |
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(2) "Governmental entity" means this state, a local |
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government entity as defined by Section 418.004, Government Code, |
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or an agency of this state or a local government entity. |
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Sec. 81B.002. PROHIBITED FACE-COVERING MANDATE. |
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Notwithstanding any other law, including Chapter 81 of this code |
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and Chapter 418, Government Code, a governmental entity may not |
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implement, order, or otherwise impose a mandate requiring a person |
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to wear a face mask or other face covering to prevent the spread of |
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COVID-19. |
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Sec. 81B.003. PROHIBITED VACCINE MANDATE. Notwithstanding |
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any other law, including Chapter 81 of this code and Chapter 418, |
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Government Code, a governmental entity may not implement, order, or |
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otherwise impose a mandate requiring a person to be vaccinated |
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against COVID-19. |
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Sec. 81B.004. PROHIBITED CLOSURE MANDATE FOR PRIVATE |
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BUSINESSES AND SCHOOLS. Notwithstanding any other law, including |
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Chapter 81 of this code and Chapter 418, Government Code, a |
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governmental entity may not implement, order, or otherwise impose a |
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mandate requiring the closure of a private business, public school, |
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open-enrollment charter school, or private school to prevent the |
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spread of COVID-19. |
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SECTION 7. Section 161.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Every child in the state shall be immunized against |
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diphtheria, hepatitis A, hepatitis B, measles, meningococcal |
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disease, mumps, pertussis, polio, rubella, tetanus, and varicella |
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[vaccine preventable diseases caused by infectious agents] in |
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accordance with the [immunization] schedule prescribed [adopted] |
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in department rules. The executive commissioner may not require |
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immunizations against any additional diseases for students |
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admitted to a public or private primary or secondary school. |
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SECTION 8. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 174 to read as follows: |
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CHAPTER 174. PATIENT RIGHTS |
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Sec. 174.001. DEFINITIONS. In this chapter: |
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(1) "COVID-19" has the meaning assigned by Section |
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81B.001. |
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(2) "Health care facility" means a hospital, |
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freestanding emergency medical care facility, urgent care or retail |
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clinic, outpatient clinic, birthing center, ambulatory surgical |
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center, or other facility that is licensed to provide health care |
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services in this state. |
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Sec. 174.002. PROHIBITED DISCRIMINATION BASED ON COVID-19 |
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VACCINATION STATUS. (a) Except as provided by Subsection (b), a |
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health care facility may not refuse to provide health care services |
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to an individual based on the individual's vaccination status or |
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post-transmission recovery of COVID-19. |
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(b) The prohibition under Subsection (a) does not apply to a |
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hospital that requires a COVID-19 vaccination in relation to |
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oncology or transplant care. |
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Sec. 174.003. MEDICAID REIMBURSEMENT PROHIBITED. (a) The |
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commission: |
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(1) may not provide Medicaid reimbursement to a health |
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care facility that violates this chapter; and |
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(2) shall disenroll the facility from participation as |
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a Medicaid provider. |
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(b) The executive commissioner may adopt rules as necessary |
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to implement this section. |
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SECTION 9. Chapter 21, Labor Code, is amended by adding |
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Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION |
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STATUS |
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Sec. 21.421. DEFINITION. In this subchapter, "COVID-19" |
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has the meaning assigned by Section 81B.001, Health and Safety |
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Code. |
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Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19 |
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VACCINATION STATUS. (a) Except as provided by Subsection (d), an |
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employer commits an unlawful employment practice if the employer |
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fails or refuses to hire, discharges, or otherwise discriminates |
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against an individual with respect to the compensation or the |
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terms, conditions, or privileges of employment because the |
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individual has not been vaccinated against COVID-19. |
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(b) A labor organization commits an unlawful employment |
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practice if the labor organization excludes or expels from |
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membership or otherwise discriminates against an individual |
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because the individual has not been vaccinated against COVID-19. |
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(c) An employment agency commits an unlawful employment |
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practice if the employment agency classifies or refers for |
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employment, fails or refuses to refer for employment, or otherwise |
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discriminates against an individual because the individual has not |
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been vaccinated against COVID-19. |
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(d) This section does not apply to: |
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(1) a health care facility, as defined by Section |
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224.001, Health and Safety Code, that: |
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(A) implements a policy or procedure to exempt |
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from a required vaccination an individual described by this section |
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who has a medical condition identified as a contraindication or |
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precaution to the vaccination by the Centers for Disease Control |
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and Prevention; |
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(B) establishes procedures that an exempt |
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individual is required to follow to protect facility patients from |
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exposure to disease, including the use of gloves, face masks, or |
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other protective medical equipment, based on the level of risk the |
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individual presents to patients by the individual's routine and |
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direct exposure to patients; and |
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(C) prohibits discrimination or retaliatory |
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action against an exempt individual, except that the required use |
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of protective medical equipment under Paragraph (B) is not |
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considered a retaliatory action for purposes of this paragraph; or |
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(2) a private employer that: |
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(A) implements a policy or procedure to exempt |
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from a required vaccination an individual described by this section |
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based on reasons of conscience or because the individual has a |
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medical condition identified as a contraindication or precaution to |
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the vaccination by the Centers for Disease Control and Prevention; |
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(B) establishes procedures that an exempt |
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individual is required to follow to protect employees and other |
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individuals from exposure to disease, including the use of gloves, |
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face masks, or other protective medical equipment, based on the |
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level of risk the individual presents to employees and other |
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individuals by the individual's routine and direct exposure to |
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employees and other individuals; and |
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(C) prohibits discrimination or retaliatory |
|
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action against an exempt individual, except that the required use |
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of protective medical equipment under Paragraph (B) is not |
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considered a retaliatory action for purposes of this paragraph. |
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SECTION 10. Section 38.001(b), Education Code, as amended |
|
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by Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th |
|
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Legislature, Regular Session, 2007, is repealed. |
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SECTION 11. (a) The changes in law made by this Act to |
|
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Title 2, Education Code, apply beginning with the 2023-2024 school |
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year. |
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(b) The changes in law made by this Act to Title 3, Education |
|
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Code, apply beginning with the 2023-2024 academic year. |
|
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SECTION 12. Subchapter H-1, Chapter 21, Labor Code, as |
|
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added by this Act, applies only to an unlawful employment practice |
|
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that occurs on or after the effective date of this Act. |
|
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SECTION 13. If before implementing any provision of this |
|
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Act a state agency determines that a waiver or authorization from a |
|
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federal agency is necessary for implementation of that provision, |
|
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the agency affected by the provision shall request the waiver or |
|
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authorization and may delay implementing that provision until the |
|
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waiver or authorization is granted. |
|
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SECTION 14. This Act takes effect immediately if it |
|
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receives a vote of two-thirds of all the members elected to each |
|
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house, as provided by Section 39, Article III, Texas Constitution. |
|
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If this Act does not receive the vote necessary for immediate |
|
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effect, this Act takes effect September 1, 2023. |
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* * * * * |