87S30225 JG-D
By: Slaton H.B. No. 110
A BILL TO BE ENTITLED
AN ACT
relating to COVID-19 vaccination policies and related measures of
governmental entities; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.91925 to read as follows:
Sec. 51.91925. PROHIBITED COVID-19 POLICIES; CRIMINAL
OFFENSE; REPORTING SYSTEM. (a) In this section:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) An institution of higher education may not adopt or
enforce a policy that:
(1) prohibits a student from residing in a dormitory
or other student housing facility or from attending in-person
classes or meetings based on the student's refusal or failure to be
vaccinated against COVID-19; or
(2) discriminates in any manner against a student, in
relation to the student residing in a dormitory or other student
housing facility or attending in-person classes or meetings, who
tests positive for, is exposed to an individual who tests positive
for, or is experiencing symptoms related to COVID-19 based on the
student's vaccination status or the student's refusal or failure to
provide documentation of the student's vaccination against
COVID-19.
(c) Subsection (b) does not prohibit an institution of
higher education from adopting a quarantine policy for a student
who tests positive for, is exposed to an individual who tests
positive for, or is experiencing symptoms related to COVID-19
provided the policy does not discriminate against the student based
on the student's vaccination status or the student's refusal or
failure to provide documentation of the student's vaccination
against COVID-19.
(d) An officer or employee of an institution of higher
education commits an offense if the officer or employee violates
this section. An offense under this subsection is a misdemeanor
punishable only by a fine of not less than $1,000 for each
violation, except that the offense is a Class A misdemeanor if the
officer or employee has been previously convicted three or more
times of an offense under this subsection.
(e) The Department of Public Safety shall develop and
maintain a reporting system accessible through the department's
Internet website through which an individual may submit information
related to a violation of this section and allow criminal justice
agencies as defined by Article 66.001, Code of Criminal Procedure,
to access the information for investigation or prosecution of the
violation.
SECTION 2. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0015 to read as follows:
Sec. 161.0015. PROHIBITED COVID-19 VACCINATION POLICIES;
CRIMINAL OFFENSE; REPORTING SYSTEM. (a) In this section:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Governmental entity" means this state, a
political subdivision of this state, or an agency of this state or a
political subdivision of this state. The term includes an
institution of higher education as defined by Section 61.003,
Education Code.
(b) A governmental entity may not adopt or enforce a policy
that requires an individual to be vaccinated against COVID-19,
including a policy requiring a COVID-19 vaccination for the
individual to:
(1) obtain a service or benefit provided by the
governmental entity;
(2) gain access to an establishment owned or operated
by the governmental entity; or
(3) contract with the governmental entity.
(c) An officer or employee of a governmental entity commits
an offense if the officer or employee violates this section. An
offense under this subsection is a misdemeanor punishable only by a
fine of not less than $1,000 for each violation, except that the
offense is a Class A misdemeanor if the officer or employee has been
previously convicted three or more times of an offense under this
subsection.
(d) The Department of Public Safety shall develop and
maintain a reporting system accessible through the department's
Internet website through which an individual may submit information
related to a violation of this section and allow criminal justice
agencies as defined by Article 66.001, Code of Criminal Procedure,
to access the information for investigation or prosecution of the
violation.
SECTION 3. Section 51.91925, Education Code, and Section
161.0015, Health and Safety Code, as added by this Act, apply only
to conduct that occurs on or after the effective date of this Act.
SECTION 4. This Act takes effect February 1, 2022.