87S30398 BRG-D
By: Slaton H.B. No. 165
A BILL TO BE ENTITLED
AN ACT
relating to employer civil liability for COVID-19 vaccine
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100B to read as follows:
CHAPTER 100B. VACCINATION LIABILITY
Sec. 100B.001. EMPLOYER LIABILITY FOR COVID-19 VACCINE
REQUIREMENT. (a) In this section, "immediate family member" means:
(1) a person related to an employee within the first
degree of consanguinity or affinity, as determined by Chapter 573,
Government Code; and
(2) an employee's sibling.
(b) An employee or the immediate family member of an
incapacitated or deceased employee may bring an action against the
employee's employer for damages incurred by the employee's injury
or death sustained as a result of the employer requiring the
employee to receive a vaccine against the 2019 novel coronavirus
disease (COVID-19) as a condition of employment.
(c) A court may award a claimant who prevails in an action
brought under this section reasonable attorney's fees and costs
incurred in bringing the action.
SECTION 2. Section 100B.001, Civil Practice and Remedies
Code, as added by this Act, applies to a cause of action that
accrues before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect on the 91st day after the
last day of the legislative session.