Texas 2021 - 87th 3rd C.S.

Texas House Bill HB110 Compare Versions

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

Old	New	Differences
1	1	87S30225 JG-D
2	2	By: Slaton H.B. No. 110
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to COVID-19 vaccination policies and related measures of
8	8	governmental entities; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
11	11	amended by adding Section 51.91925 to read as follows:
12	12	Sec. 51.91925. PROHIBITED COVID-19 POLICIES; CRIMINAL
13	13	OFFENSE; REPORTING SYSTEM. (a) In this section:
14	14	(1) "COVID-19" means the 2019 novel coronavirus
15	15	disease.
16	16	(2) "Institution of higher education" has the meaning
17	17	assigned by Section 61.003.
18	18	(b) An institution of higher education may not adopt or
19	19	enforce a policy that:
20	20	(1) prohibits a student from residing in a dormitory
21	21	or other student housing facility or from attending in-person
22	22	classes or meetings based on the student's refusal or failure to be
23	23	vaccinated against COVID-19; or
24	24	(2) discriminates in any manner against a student, in
25	25	relation to the student residing in a dormitory or other student
26	26	housing facility or attending in-person classes or meetings, who
27	27	tests positive for, is exposed to an individual who tests positive
28	28	for, or is experiencing symptoms related to COVID-19 based on the
29	29	student's vaccination status or the student's refusal or failure to
30	30	provide documentation of the student's vaccination against
31	31	COVID-19.
32	32	(c) Subsection (b) does not prohibit an institution of
33	33	higher education from adopting a quarantine policy for a student
34	34	who tests positive for, is exposed to an individual who tests
35	35	positive for, or is experiencing symptoms related to COVID-19
36	36	provided the policy does not discriminate against the student based
37	37	on the student's vaccination status or the student's refusal or
38	38	failure to provide documentation of the student's vaccination
39	39	against COVID-19.
40	40	(d) An officer or employee of an institution of higher
41	41	education commits an offense if the officer or employee violates
42	42	this section. An offense under this subsection is a misdemeanor
43	43	punishable only by a fine of not less than $1,000 for each
44	44	violation, except that the offense is a Class A misdemeanor if the
45	45	officer or employee has been previously convicted three or more
46	46	times of an offense under this subsection.
47	47	(e) The Department of Public Safety shall develop and
48	48	maintain a reporting system accessible through the department's
49	49	Internet website through which an individual may submit information
50	50	related to a violation of this section and allow criminal justice
51	51	agencies as defined by Article 66.001, Code of Criminal Procedure,
52	52	to access the information for investigation or prosecution of the
53	53	violation.
54	54	SECTION 2. Subchapter A, Chapter 161, Health and Safety
55	55	Code, is amended by adding Section 161.0015 to read as follows:
56	56	Sec. 161.0015. PROHIBITED COVID-19 VACCINATION POLICIES;
57	57	CRIMINAL OFFENSE; REPORTING SYSTEM. (a) In this section:
58	58	(1) "COVID-19" means the 2019 novel coronavirus
59	59	disease.
60	60	(2) "Governmental entity" means this state, a
61	61	political subdivision of this state, or an agency of this state or a
62	62	political subdivision of this state. The term includes an
63	63	institution of higher education as defined by Section 61.003,
64	64	Education Code.
65	65	(b) A governmental entity may not adopt or enforce a policy
66	66	that requires an individual to be vaccinated against COVID-19,
67	67	including a policy requiring a COVID-19 vaccination for the
68	68	individual to:
69	69	(1) obtain a service or benefit provided by the
70	70	governmental entity;
71	71	(2) gain access to an establishment owned or operated
72	72	by the governmental entity; or
73	73	(3) contract with the governmental entity.
74	74	(c) An officer or employee of a governmental entity commits
75	75	an offense if the officer or employee violates this section. An
76	76	offense under this subsection is a misdemeanor punishable only by a
77	77	fine of not less than $1,000 for each violation, except that the
78	78	offense is a Class A misdemeanor if the officer or employee has been
79	79	previously convicted three or more times of an offense under this
80	80	subsection.
81	81	(d) The Department of Public Safety shall develop and
82	82	maintain a reporting system accessible through the department's
83	83	Internet website through which an individual may submit information
84	84	related to a violation of this section and allow criminal justice
85	85	agencies as defined by Article 66.001, Code of Criminal Procedure,
86	86	to access the information for investigation or prosecution of the
87	87	violation.
88	88	SECTION 3. Section 51.91925, Education Code, and Section
89	89	161.0015, Health and Safety Code, as added by this Act, apply only
90	90	to conduct that occurs on or after the effective date of this Act.
91	91	SECTION 4. This Act takes effect February 1, 2022.