| 1 | 1 | | 87S30398 BRG-D |
|---|
| 2 | 2 | | By: Slaton H.B. No. 165 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to employer civil liability for COVID-19 vaccine |
|---|
| 8 | 8 | | requirements. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|---|
| 11 | 11 | | amended by adding Chapter 100B to read as follows: |
|---|
| 12 | 12 | | CHAPTER 100B. VACCINATION LIABILITY |
|---|
| 13 | 13 | | Sec. 100B.001. EMPLOYER LIABILITY FOR COVID-19 VACCINE |
|---|
| 14 | 14 | | REQUIREMENT. (a) In this section, "immediate family member" means: |
|---|
| 15 | 15 | | (1) a person related to an employee within the first |
|---|
| 16 | 16 | | degree of consanguinity or affinity, as determined by Chapter 573, |
|---|
| 17 | 17 | | Government Code; and |
|---|
| 18 | 18 | | (2) an employee's sibling. |
|---|
| 19 | 19 | | (b) An employee or the immediate family member of an |
|---|
| 20 | 20 | | incapacitated or deceased employee may bring an action against the |
|---|
| 21 | 21 | | employee's employer for damages incurred by the employee's injury |
|---|
| 22 | 22 | | or death sustained as a result of the employer requiring the |
|---|
| 23 | 23 | | employee to receive a vaccine against the 2019 novel coronavirus |
|---|
| 24 | 24 | | disease (COVID-19) as a condition of employment. |
|---|
| 25 | 25 | | (c) A court may award a claimant who prevails in an action |
|---|
| 26 | 26 | | brought under this section reasonable attorney's fees and costs |
|---|
| 27 | 27 | | incurred in bringing the action. |
|---|
| 28 | 28 | | SECTION 2. Section 100B.001, Civil Practice and Remedies |
|---|
| 29 | 29 | | Code, as added by this Act, applies to a cause of action that |
|---|
| 30 | 30 | | accrues before, on, or after the effective date of this Act. |
|---|
| 31 | 31 | | SECTION 3. This Act takes effect on the 91st day after the |
|---|
| 32 | 32 | | last day of the legislative session. |
|---|