87S30255 RDS-D
By: Harris H.B. No. 137
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on certain companies that receive
governmental contracts or financial benefits from requiring
employees to receive a COVID-19 vaccination; authorizing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 10, Government Code, is
amended by adding Chapter 2278 to read as follows:
CHAPTER 2278. CERTAIN MANDATORY VACCINATIONS PROHIBITED
Sec. 2278.001. DEFINITIONS. In this chapter:
(1) "Company" has the meaning assigned by Section
808.001.
(2) "COVID-19" means the 2019 novel coronavirus
disease.
(3) "Listed financial benefit" means a financial
benefit listed by rule adopted under Section 2278.002(2).
(4) "Political subdivision" means a county,
municipality, school district, special purpose district, or other
subdivision of state government that has jurisdiction limited to a
geographic portion of the state.
(5) "State agency" has the meaning assigned by Section
609.001.
(6) "Tax preference" means a credit, discount,
exclusion, exemption, refund, special valuation, special
accounting treatment, special rate, or special method of reporting
authorized by state law that relates to a state or local tax imposed
in this state.
Sec. 2278.002. LISTED FINANCIAL BENEFITS. The comptroller
shall:
(1) identify each financial benefit, other than a
contract, offered by a state agency or political subdivision to a
company that is organized or doing business in this state,
including a grant, low-interest loan, tax preference, or other
financial incentive; and
(2) by rule adopt a list of each financial benefit
identified under Subdivision (1).
Sec. 2278.003. MANDATORY VACCINATION BY COMPANY RECEIVING
LISTED FINANCIAL BENEFIT PROHIBITED. A company that receives a
listed financial benefit may not require, as a condition of
employment, an employee to receive a COVID-19 vaccination.
Sec. 2278.004. ENFORCEMENT; CIVIL PENALTY FOR VIOLATION BY
COMPANY. (a) A company that violates Section 2278.003 is liable to
this state for a civil penalty in the amount of $5,000 for each
violation. Each day a violation continues is considered a separate
violation for purposes of this subsection.
(b) A resident of this state may file a complaint with the
attorney general alleging that a company is in violation of Section
2278.003. The resident must include with the complaint a signed
statement describing the violation.
(c) If, based on an investigation, the attorney general
determines that a violation of Section 2278.003 has occurred, the
attorney general shall provide the company with a written notice
that:
(1) describes the violation;
(2) states the amount of the proposed civil penalty
for the violation; and
(3) requires the company to cure the violation on or
before the seventh day after the date the notice is received to
avoid the civil penalty.
(d) If a company does not cure the violation on or before the
seventh day after the date notice under Subsection (c) is received,
the attorney general may sue to collect the civil penalty.
(e) A suit or petition under this section may be filed in a
district court in Travis County.
(f) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
Sec. 2278.005. PROVISION REQUIRED IN CONTRACT. A state
agency or political subdivision may not enter into a contract with a
company for goods or services unless the contract contains a
written verification from the company that it does not, and will not
during the term of the contract, require, as a condition of
employment, an employee to receive a COVID-19 vaccination.
SECTION 2. The comptroller of public accounts shall adopt
the list described by Section 2278.002, Government Code, as added
by this Act, not later than February 1, 2022.
SECTION 3. Section 2278.005, Government Code, as added by
this Act, applies only to a contract for which a state agency or
political subdivision first advertises or otherwise solicits bids,
proposals, offers, or qualifications or makes a similar
solicitation on or after the effective date of this Act. A contract
for which a state agency or political subdivision first advertises
or otherwise solicits bids, proposals, offers, or qualifications or
makes a similar solicitation before that date is governed by the law
in effect on the date the advertisement or solicitation is made, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.