87R9623 JSC-D By: Noble H.B. No. 1687 A BILL TO BE ENTITLED AN ACT relating to unlawful employment practices with respect to the COVID-19 vaccine. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 21, Labor Code, is amended by adding Subchapter H-1 to read as follows: SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS Sec. 21.421. DEFINITION. In this subchapter, "COVID-19" means the 2019 novel coronavirus disease. Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS. (a) An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect to the compensation or the terms, conditions, or privileges of employment because the individual has not received a COVID-19 vaccine. (b) A labor organization commits an unlawful employment practice if the labor organization excludes or expels from membership or otherwise discriminates against an individual because the individual has not received a COVID-19 vaccine. (c) An employment agency commits an unlawful employment practice if the employment agency classifies or refers for employment, fails or refuses to refer for employment, or otherwise discriminates against an individual because the individual has not received a COVID-19 vaccine. SECTION 2. The change in law made by this Act applies only to an unlawful employment practice that occurs 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, 2021.