| 1 | 1 | | 87S30799 JG-D |
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| 2 | 2 | | By: Oliverson H.B. No. 155 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to exemptions from COVID-19 vaccine requirements. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 161.0086 to read as follows: |
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| 11 | 11 | | Sec. 161.0086. EXEMPTIONS FROM COVID-19 VACCINE |
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| 12 | 12 | | REQUIREMENTS. (a) In this section, "COVID-19" means the 2019 novel |
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| 13 | 13 | | coronavirus disease. |
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| 14 | 14 | | (b) Subject to Section 161.0085 and notwithstanding any |
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| 15 | 15 | | other law, any law, policy, or other measure requiring an |
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| 16 | 16 | | individual in this state to be vaccinated against COVID-19 to enter |
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| 17 | 17 | | or gain access to, receive a service from, or be employed by an |
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| 18 | 18 | | establishment must allow the individual to claim an exemption from |
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| 19 | 19 | | the vaccination requirement based on: |
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| 20 | 20 | | (1) the individual's acquired immunity against |
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| 21 | 21 | | COVID-19 through post-transmission recovery; |
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| 22 | 22 | | (2) a medical condition; or |
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| 23 | 23 | | (3) reasons of conscience, including a religious |
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| 24 | 24 | | belief. |
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| 25 | 25 | | (c) An employee of an establishment who is the subject of a |
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| 26 | 26 | | violation of Subsection (b) may bring an action in a district court |
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| 27 | 27 | | in the county in which the violation occurred for injunctive or |
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| 28 | 28 | | equitable relief or for compensatory or punitive damages in the |
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| 29 | 29 | | manner prescribed under Subchapter F, Chapter 21, Labor Code, for a |
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| 30 | 30 | | violation of that chapter as if the establishment engaged in a |
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| 31 | 31 | | discriminatory or unlawful employment practice to which a |
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| 32 | 32 | | complainant is entitled to relief under that chapter. |
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| 33 | 33 | | (d) A complainant may recover reasonable expenses incurred |
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| 34 | 34 | | in bringing an action under Subsection (c), including court costs, |
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| 35 | 35 | | attorney's fees, investigation costs, witness fees, and deposition |
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| 36 | 36 | | expenses. |
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| 37 | 37 | | SECTION 2. Section 161.0086, Health and Safety Code, as |
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| 38 | 38 | | added by this Act, applies only to conduct that occurs on or after |
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| 39 | 39 | | the effective date of this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect February 1, 2022. |
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