Texas 2021 - 87th 2nd C.S.

Texas House Bill HB182 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20833 KKR-D
2	2	By: Noble H.B. No. 182
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exemptions from certain vaccination requirements.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 21, Labor Code, is amended by adding
10	10	Subchapter H-1 to read as follows:
11	11	SUBCHAPTER H-1. DISCRIMINATION BASED ON EXEMPTION FROM REQUIRED
12	12	COVID-19 VACCINATION
13	13	Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
14	14	means the 2019 novel coronavirus disease.
15	15	Sec. 21.422. EXEMPTION FROM REQUIRED COVID-19 VACCINATION.
16	16	An employer, labor organization, or employment agency shall allow
17	17	an individual to claim an exemption from a required COVID-19
18	18	vaccination based on a medical condition or reasons of conscience,
19	19	including a religious belief.
20	20	Sec. 21.423. PROHIBITED DISCRIMINATION BASED ON EXEMPTION
21	21	FROM REQUIRED COVID-19 VACCINATION. (a) An employer commits an
22	22	unlawful employment practice if the employer fails or refuses to
23	23	hire, discharges, or otherwise discriminates against an individual
24	24	with respect to the compensation or the terms, conditions, or
25	25	privileges of employment because the individual claims an exemption
26	26	described by Section 21.422.
27	27	(b) A labor organization commits an unlawful employment
28	28	practice if the labor organization excludes or expels from
29	29	membership or otherwise discriminates against an individual
30	30	because the individual claims an exemption described by Section
31	31	21.422.
32	32	(c) An employment agency commits an unlawful employment
33	33	practice if the employment agency classifies or refers for
34	34	employment, fails or refuses to refer for employment, or otherwise
35	35	discriminates against an individual because the individual claims
36	36	an exemption described by Section 21.422.
37	37	Sec. 21.424. COVID-19 VACCINATION EXEMPTION AFFIDAVIT
38	38	FORM. (a) An employee claiming an exemption from a required
39	39	COVID-19 vaccination must complete and provide to the employee's
40	40	employer an affidavit on a form described by Subsection (e) stating
41	41	the reason for the exemption.
42	42	(b) The affidavit must be signed by the employee claiming
43	43	the exemption or, if the employee is a minor, the employee's parent,
44	44	managing conservator, or guardian, and the affidavit must be
45	45	notarized.
46	46	(c) On request of an employee, an employer shall provide to
47	47	the employee a blank copy of the vaccination exemption affidavit
48	48	form described by Subsection (e).
49	49	(d) On receipt of an employee's signed and notarized
50	50	affidavit claiming the exemption, the employer shall exempt the
51	51	employee from receiving a required COVID-19 vaccination.
52	52	(e) The commission shall develop and make available on the
53	53	commission's Internet website a blank affidavit form to be used by
54	54	an employee who claims an exemption from a required COVID-19
55	55	vaccination. The content of the affidavit form must be the same or
56	56	substantially similar to the affidavit form developed under Section
57	57	161.0041, Health and Safety Code, except that the form is not
58	58	required to contain a seal or other security device under
59	59	Subsection (d) of that section.
60	60	SECTION 2. Section 224.002(c), Health and Safety Code, is
61	61	amended to read as follows:
62	62	(c) The policy must [may] include procedures for a covered
63	63	individual to be exempt from the required vaccines based on reasons
64	64	of conscience, including a religious belief.
65	65	SECTION 3. The change in law made by this Act applies only
66	66	to an unlawful employment practice that occurs on or after the
67	67	effective date of this Act.
68	68	SECTION 4. This Act takes effect immediately if it receives
69	69	a vote of two-thirds of all the members elected to each house, as
70	70	provided by Section 39, Article III, Texas Constitution. If this
71	71	Act does not receive the vote necessary for immediate effect, this
72	72	Act takes effect on the 91st day after the last day of the
73	73	legislative session.