Texas 2021 - 87th 3rd C.S.

Texas House Bill HB125 Compare Versions

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

Old	New	Differences
1	1	87S30363 KKR-D
2	2	By: Slaton H.B. No. 125
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibitions on compliance with and enforcement of
8	8	federal COVID-19 vaccine mandates; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 52, Labor Code, is amended by adding
11	11	Subchapter H to read as follows:
12	12	SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS
13	13	Sec. 52.081. DEFINITIONS. In this subchapter:
14	14	(1) "COVID-19" means the 2019 novel coronavirus
15	15	disease.
16	16	(2) "Governmental entity" means this state, a
17	17	political subdivision of this state, or an agency of this state or a
18	18	political subdivision of this state. The term includes an
19	19	institution of higher education as defined by Section 61.003,
20	20	Education Code.
21	21	Sec. 52.082. APPLICABILITY OF SUBCHAPTER. (a) This
22	22	subchapter applies to the Texas National Guard as if it were a
23	23	governmental entity.
24	24	(b) This subchapter does not apply to enforcement by an
25	25	agency of or a corporation wholly owned by the federal government of
26	26	a mandate requiring a full-time employee of the agency or
27	27	corporation be vaccinated against COVID-19.
28	28	Sec. 52.083. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS
29	29	AND RELATED ENFORCEMENT; OFFENSE; PENALTY. (a) A person is not
30	30	required to comply with a federal statute, order, rule, or
31	31	regulation mandating or purporting to mandate COVID-19
32	32	vaccinations if that vaccination requirement does not exist under
33	33	the laws of this state.
34	34	(b) A governmental entity or an officer, employee, or other
35	35	individual under the direction or control of the entity may not
36	36	enforce or attempt to enforce any federal statute, order, rule, or
37	37	regulation described by Subsection (a).
38	38	(c) A governmental entity or an officer, employee, or other
39	39	individual under the direction or control of the entity may not
40	40	require a person to respond to or make an appearance in court for an
41	41	action or suit filed against the person based on a violation of a
42	42	federal statute, order, rule, or regulation described by Subsection
43	43	(a).
44	44	(d) The attorney general shall defend a governmental entity
45	45	in any action or suit filed against the entity based on a violation
46	46	of a federal statute, order, rule, or regulation described by
47	47	Subsection (a).
48	48	(e) An officer, employee, or other individual under the
49	49	direction and control of a governmental entity who violates
50	50	Subsection (b) commits an offense. An offense under this
51	51	subsection is a felony of the third degree.
52	52	Sec. 52.084. PROHIBITION ON COOPERATION WITH FEDERAL
53	53	GOVERNMENT; OFFENSE; PENALTY. (a) A governmental entity or an
54	54	officer, employee, or other person under the direction or control
55	55	of a governmental entity, including a sheriff, deputy sheriff, or
56	56	other peace officer, may not give force or effect to any court order
57	57	that conflicts with this subchapter.
58	58	(b) Cooperative agreements with federal agencies
59	59	notwithstanding, a law enforcement agency or peace officer in this
60	60	state may not assist or cooperate in any way with the enforcement of
61	61	any federal statute, order, rule, or regulation described by
62	62	Section 52.083(a).
63	63	(c) A person commits an offense if, in the person's official
64	64	capacity as a federal officer or agent the person knowingly:
65	65	(1) enforces or attempts to enforce any federal
66	66	statute, order, rule, or regulation described by Section 52.083(a);
67	67	or
68	68	(2) assists a person acting in an official capacity as
69	69	an officer or agent of the federal government in enforcing or
70	70	attempting to enforce any federal statute, order, rule, or
71	71	regulation described by Section 52.083(a).
72	72	(d) An offense under Subsection (c) is a felony of the third
73	73	degree.
74	74	Sec. 52.085. ENFORCEMENT OF SUBCHAPTER. (a) The attorney
75	75	general shall enforce this subchapter by injunction and any other
76	76	available remedy.
77	77	(b) The governor shall take any action within the governor's
78	78	powers to enforce this subchapter.
79	79	(c) Each governmental entity shall enforce this subchapter.
80	80	(d) A peace officer shall arrest a person who commits an
81	81	offense under Section 52.083 or 52.084 and an attorney representing
82	82	the state shall prosecute the offense.
83	83	SECTION 2. Any federal statute, order, rule, regulation,
84	84	treaty, or court decision that purports to supersede, stay, or
85	85	overrule this Act is in violation of the Texas Constitution and the
86	86	United States Constitution and is therefore void. The State of
87	87	Texas, a governmental entity of this state, and any agent of this
88	88	state or a governmental entity of this state may, but is not
89	89	required to, enter an appearance, special or otherwise, in any
90	90	federal suit challenging this Act.
91	91	SECTION 3. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect on the 91st day after the last day of the
96	96	legislative session.