By: Vasut H.B. No. 5622

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting a private employer from adopting or enforcing certain vaccine mandates; authorizing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading of Chapter 81D, Health and Safety Code, is amended to read as follows:

CHAPTER 81D. PROHIBITED [CORONAVIRUS] VACCINE MANDATES BY PRIVATE

EMPLOYER

SECTION 2. Section 81D.001, Health and Safety Code, is amended by amending Subdivisions (1), (4) and (5) to read as follows:

(1) "Adverse action" means an action taken by an employer that a reasonable person would consider was for the purpose of punishing, alienating, or otherwise adversely affecting [an employee, contractor, applicant for employment, or applicant for a contract position] a person.

(4) ["COVID-19" means the 2019 novel coronavirus disease and any variants of the disease.

(5)] "Employer" means a person, other than a governmental entity, who employs one or more employees.

SECTION 3. Section 81D.002, Health and Safety Code, is amended to read as follows:

Sec. 81D.002. EMPLOYER [CORONAVIRUS] VACCINE MANDATES PROHIBITED. An employer may not adopt or enforce a mandate requiring [an employee, contractor, applicant for employment, or applicant for a contract position to be vaccinated against COVID-19] a person to be vaccinated for any reason, including as a condition of employment or a contract position, or admission.

SECTION 4. Section 81D.003, Health and Safety Code, is amended to read as follows:

Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An employer may not take an adverse action against [an employee, contractor, applicant for employment, or applicant for a contract position] a person for a refusal to be vaccinated [against COVID-19].

SECTION 5. Section 81D.0035(b), Health and Safety Code, is amended to read as follows:

(b) A health care facility, health care provider, or physician may establish and enforce a reasonable policy that includes requiring the use of protective medical equipment by an individual who is an employee or contractor of the facility, provider, or physician and who is not vaccinated [against COVID-19] based on the level of risk the individual presents to patients from the individual's routine and direct exposure to patients.

SECTION 6. Section 81D.004, Health and Safety Code, is amended by amending Subsections (a) and (c) to read as follows:

Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) [An employee, contractor, applicant for employment, or applicant for a contract position] A person against whom an employer took an adverse action in violation of this chapter may file a complaint with the commission in the form and manner prescribed by commission rules.

(c) On receipt of a complaint under Subsection (a), the commission shall conduct an investigation to determine whether the employer took an adverse action against the complainant because of the complainant's refusal to be vaccinated [against COVID-19]. For a complaint against a health care facility, health care provider, or physician, the commission shall consult with the department in determining if a policy adopted under Section 81D.0035 was reasonable.

SECTION 7. The change in law made by this Act applies only to conduct or an adverse action that occurs on or after the effective date of this Act.

SECTION 8. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared severable.

SECTION 9. 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 on September 1, 2025.