Texas 2021 - 87th 3rd C.S.

Texas House Bill HB134 Compare Versions

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

Old	New	Differences
1	1	By: Middleton H.B. No. 134
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to exemptions from certain vaccination requirements.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 21, Labor Code, is amended by adding
9	9	Subchapter H-1 to read as follows:
10	10	SUBCHAPTER H-1. DISCRIMINATION BASED ON EXEMPTION FROM REQUIRED
11	11	COVID-19 VACCINATION
12	12	Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
13	13	means the 2019 novel coronavirus disease, SARS-CoV-2, and any
14	14	mutations identified following the initial virus identification.
15	15	Sec. 21.422. EXEMPTION FROM REQUIRED COVID-19 VACCINATION.
16	16	An employer, labor organization, employment agency or company shall
17	17	allow an individual to claim an exemption from a required COVID-19
18	18	vaccination based on a medical condition, reasons of conscience, a
19	19	religious belief, a disability or other status identified by the
20	20	Texas Commission on Human Rights Act, or previous recovery and
21	21	immunity to COVID-19 as evidenced by the detection of antibodies
22	22	for COVID-19.
23	23	Sec. 21.423. PROHIBITED DISCRIMINATION BASED ON EXEMPTION
24	24	FROM REQUIRED COVID-19 VACCINATION. (a) An employer commits an
25	25	unlawful employment practice if the employer fails or refuses to
26	26	hire, discharges, or otherwise discriminates against an individual
27	27	with respect to the compensation or the terms, conditions, or
28	28	privileges of employment because the individual claims an exemption
29	29	described by Section 21.422.
30	30	(b) A labor organization commits an unlawful employment
31	31	practice if the labor organization excludes or expels from
32	32	membership or otherwise discriminates against an individual
33	33	because the individual claims an exemption described by Section
34	34	21.422.
35	35	(c) An employment agency commits an unlawful employment
36	36	practice if the employment agency classifies or refers for
37	37	employment, fails or refuses to refer for employment, or otherwise
38	38	discriminates against an individual because the individual claims
39	39	an exemption described by Section 21.422.
40	40	(d) A company that contracts with a contractor to perform
41	41	work or provide a service commits an unlawful employment practice
42	42	if the company excludes, expels, disqualifies or otherwise
43	43	discriminates against an individual, whom the contractor employs,
44	44	that claims an exemption described by Section 21.422.
45	45	Sec. 21.424. COVID-19 VACCINATION EXEMPTION AFFIDAVIT
46	46	FORM. (a) An employee claiming an exemption from a required
47	47	COVID-19 vaccination must complete and provide to the employee's
48	48	employer an affidavit on a form described by Subsection (e) stating
49	49	the reason for the exemption.
50	50	(b) The affidavit must be signed by the employee claiming
51	51	the exemption or, if the employee is a minor, the employee's parent,
52	52	managing conservator, or guardian, and the affidavit must be
53	53	notarized.
54	54	(c) On request of an employee, an employer shall provide to
55	55	the employee a blank copy of the vaccination exemption affidavit
56	56	form described by Subsection (e).
57	57	(d) On receipt of an employee's signed and notarized
58	58	affidavit claiming the exemption, the employer shall exempt the
59	59	employee from receiving a required COVID-19 vaccination.
60	60	(e) The commission shall develop and make available on the
61	61	commission's Internet website a blank affidavit form to be used by
62	62	an employee who claims an exemption from a required COVID-19
63	63	vaccination. The content of the affidavit form must be the same or
64	64	substantially similar to the affidavit form developed under Section
65	65	161.0041, Health and Safety Code, except that the form is not
66	66	required to contain a seal or other security device under
67	67	Subsection (d) of that section.
68	68	SECTION 2. Section 224.002(c), Health and Safety Code, is
69	69	amended to read as follows:
70	70	(c) The policy must [may] include procedures for a covered
71	71	individual to be exempt from the required vaccines based on reasons
72	72	of conscience, including a religious belief.
73	73	SECTION 3. The change in law made by this Act applies only
74	74	to an unlawful employment practice that occurs on or after the
75	75	effective date of this Act.
76	76	SECTION 4. This Act takes effect immediately if it receives
77	77	a vote of two-thirds of all the members elected to each house, as
78	78	provided by Section 39, Article III, Texas Constitution. If this
79	79	Act does not receive the vote necessary for immediate effect, this
80	80	Act takes effect on the 91st day after the last day of the
81	81	legislative session.