| 1 | 1 | | 87S30135 KKR-D |
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| 2 | 2 | | By: Cain H.B. No. 109 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to exemptions from certain vaccination requirements. |
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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 EXEMPTION FROM REQUIRED |
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| 12 | 12 | | COVID-19 VACCINATION |
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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. EXEMPTION FROM REQUIRED COVID-19 VACCINATION. |
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| 16 | 16 | | An employer, labor organization, or employment agency shall allow |
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| 17 | 17 | | an individual to claim an exemption from a required COVID-19 |
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| 18 | 18 | | vaccination based on a medical condition or reasons of conscience, |
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| 19 | 19 | | including a religious belief. |
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| 20 | 20 | | Sec. 21.423. PROHIBITED DISCRIMINATION BASED ON EXEMPTION |
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| 21 | 21 | | FROM REQUIRED COVID-19 VACCINATION. (a) An employer commits an |
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| 22 | 22 | | unlawful employment practice if the employer fails or refuses to |
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| 23 | 23 | | hire, discharges, or otherwise discriminates against an individual |
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| 24 | 24 | | with respect to the compensation or the terms, conditions, or |
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| 25 | 25 | | privileges of employment because the individual claims an exemption |
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| 26 | 26 | | described by Section 21.422. |
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| 27 | 27 | | (b) A labor organization commits an unlawful employment |
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| 28 | 28 | | practice if the labor organization excludes or expels from |
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| 29 | 29 | | membership or otherwise discriminates against an individual |
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| 30 | 30 | | because the individual claims an exemption described by Section |
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| 31 | 31 | | 21.422. |
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| 32 | 32 | | (c) An employment agency commits an unlawful employment |
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| 33 | 33 | | practice if the employment agency classifies or refers for |
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| 34 | 34 | | employment, fails or refuses to refer for employment, or otherwise |
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| 35 | 35 | | discriminates against an individual because the individual claims |
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| 36 | 36 | | an exemption described by Section 21.422. |
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| 37 | 37 | | SECTION 2. Section 224.002(c), Health and Safety Code, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | (c) The policy must [may] include procedures for a covered |
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| 40 | 40 | | individual to be exempt from the required vaccines based on reasons |
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| 41 | 41 | | of conscience, including a religious belief. |
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| 42 | 42 | | SECTION 3. The change in law made by this Act applies only |
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| 43 | 43 | | to an unlawful employment practice that occurs on or after the |
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| 44 | 44 | | effective date of this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect on the 91st day after the last day of the |
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| 50 | 50 | | legislative session. |
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