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A BILL TO BE ENTITLED
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AN ACT
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relating to employer civil liability for a vaccine requirement |
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imposed on the employer's employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100B to read as follows: |
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CHAPTER 100B. LIABILITY FOR VACCINE REQUIREMENTS |
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Sec. 100B.001. EMPLOYER LIABILITY FOR VACCINE |
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REQUIREMENTS. (a) Notwithstanding Section 408.001, Labor Code, |
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and except as provided by Subsection (b) of this section, an |
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employee or the legal representative of an employee who is deceased |
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or incapacitated may bring an action against the employee's |
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employer for damages arising from adverse health events that are a |
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result of the employer's vaccine requirement for employees. |
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(b) This section does not apply to an employer that accepts |
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the following exemptions from the employer's vaccine requirement |
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for employees: |
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(1) the employee has reasons of conscience, including |
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a religious belief, that conflict with the requirement; and |
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(2) the vaccination is medically contraindicated |
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based on the medical opinion of a physician who has examined the |
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employee. |
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(c) A court may award a claimant who prevails in an action |
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brought under this section reasonable attorney's fees and court |
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costs. |
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SECTION 2. Section 100B.001, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |