| 1 | 1 | | By: Paxton S.B. No. 2245 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to unlawful employment practices with respect to the |
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| 7 | 7 | | COVID-19 vaccine. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 21, Labor Code, is amended by adding |
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| 10 | 10 | | Subchapter H-1 to read as follows: |
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| 11 | 11 | | SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION |
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| 12 | 12 | | STATUS |
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| 13 | 13 | | Sec. 21.421. DEFINITION. In this subchapter, "COVID-19" |
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| 14 | 14 | | means the 2019 novel coronavirus disease. |
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| 15 | 15 | | Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19 |
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| 16 | 16 | | VACCINATION STATUS. (a) An employer commits an unlawful |
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| 17 | 17 | | employment practice if the employer fails or refuses to hire, |
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| 18 | 18 | | discharges, or otherwise discriminates against an individual with |
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| 19 | 19 | | respect to the compensation or the terms, conditions, or privileges |
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| 20 | 20 | | of employment because the individual has not received the COVID-19 |
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| 21 | 21 | | vaccine. |
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| 22 | 22 | | (b) A labor organization commits an unlawful employment |
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| 23 | 23 | | practice if the labor organization excludes or expels from |
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| 24 | 24 | | membership or otherwise discriminates against an individual |
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| 25 | 25 | | because the individual has not received the COVID-19 vaccine. |
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| 26 | 26 | | (c) An employment agency commits an unlawful employment |
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| 27 | 27 | | practice if the employment agency classifies or refers for |
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| 28 | 28 | | employment, fails or refuses to refer for employment, or otherwise |
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| 29 | 29 | | discriminates against an individual because the individual has not |
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| 30 | 30 | | received a COVID-19 vaccine. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an unlawful employment practice that occurs on or after the |
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| 33 | 33 | | effective date of this Act. |
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| 34 | 34 | | SECTION 3. This act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2021. |
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