| 1 | 1 | | By: Hall S.B. No. 98 |
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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 COVID-19 vaccine mandates and the application of |
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| 7 | 7 | | COVID-19 vaccine exemptions to certain employees. |
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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. Subchapter A, Chapter 161, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 161.0015 to read as follows: |
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| 11 | 11 | | Sec. 161.0015. COVID-19 VACCINE MANDATES AND EXEMPTIONS. |
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| 12 | 12 | | (a) In this section, "governmental entity" means this state, a |
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| 13 | 13 | | local government entity as defined by Section 418.004, Government |
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| 14 | 14 | | Code, or an agency of this state or a local government entity. |
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| 15 | 15 | | (b) A governmental entity may not implement, order, or |
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| 16 | 16 | | otherwise impose a mandate requiring an individual, other than an |
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| 17 | 17 | | employee of the governmental entity, to be vaccinated against |
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| 18 | 18 | | COVID-19. |
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| 19 | 19 | | (c) A governmental entity shall not deny an employee of the |
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| 20 | 20 | | governmental entity an exemption from a required COVID-19 |
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| 21 | 21 | | vaccination based on a medical condition or reasons of conscience, |
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| 22 | 22 | | including a religious belief. |
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| 23 | 23 | | (d) An individual or employee who is the subject of a |
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| 24 | 24 | | violation of Subsection (b) or (c), as applicable, may bring an |
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| 25 | 25 | | action in a district court in the county in which the violation |
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| 26 | 26 | | occurred for injunctive relief to prevent further violation of the |
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| 27 | 27 | | applicable subsection. |
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| 28 | 28 | | (e) A claimant may recover reasonable expenses incurred in |
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| 29 | 29 | | bringing an action under Subsection (d), including court costs, |
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| 30 | 30 | | attorney's fees, investigation costs, witness fees, and deposition |
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| 31 | 31 | | expenses. |
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| 32 | 32 | | SECTION 2. Section 161.0015, Health and Safety Code, as |
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| 33 | 33 | | added by this Act, applies only to conduct that occurs on or after |
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| 34 | 34 | | the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect January 1, 2022. |
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