| 1 | 1 | | By: Slawson H.B. No. 167 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to civil liability for certain vaccine requirements or |
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| 7 | 7 | | incentives. |
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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. Title 4, Civil Practice and Remedies Code, is |
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| 10 | 10 | | amended by adding Chapter 100B to read as follows: |
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| 11 | 11 | | CHAPTER 100B. LIABILITY FOR MANDATED OR INCENTIVIZED VACCINATION |
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| 12 | 12 | | Sec. 100B.001. DEFINITIONS. |
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| 13 | 13 | | (1) "Employer" means, unless otherwise specified, a |
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| 14 | 14 | | person who makes a contract of hire or employs one or more |
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| 15 | 15 | | employees. |
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| 16 | 16 | | (2) "Employee" means a person in the service of |
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| 17 | 17 | | another under a contract of hire, whether express or implied, or |
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| 18 | 18 | | oral or written, and includes an independent contractor. |
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| 19 | 19 | | (3) "Person" is defined as set forth in Texas Business |
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| 20 | 20 | | and Commerce Code Section 1.201. |
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| 21 | 21 | | Sec. 100B.002. LIABILITY FOR VACCINE REQUIREMENT OR |
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| 22 | 22 | | INCENTIVE IN EMPLOYMENT. An employee may bring an action against |
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| 23 | 23 | | the employer for actual damages caused by a vaccine if: |
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| 24 | 24 | | (1) the employer: |
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| 25 | 25 | | (A) requires the employee to receive the vaccine |
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| 26 | 26 | | as a condition of employment; or |
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| 27 | 27 | | (B) incentivizes the employee's receipt of the |
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| 28 | 28 | | vaccine through any form of remuneration, compensation, or benefit; |
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| 29 | 29 | | and |
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| 30 | 30 | | (2) the employee receives the vaccine on account of |
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| 31 | 31 | | the employer's requirement or incentive. |
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| 32 | 32 | | Sec. 100B.003. LIABILITY FOR REQUIRING OR INCENTIVIZING |
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| 33 | 33 | | VACCINE TO RECEIVE GOODS OR SERVICES. An individual may bring an |
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| 34 | 34 | | action against a person for actual damages caused by a vaccine if: |
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| 35 | 35 | | (1) the person: |
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| 36 | 36 | | (A) requires the individual to receive the |
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| 37 | 37 | | vaccine as a condition of receiving goods or services offered in |
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| 38 | 38 | | this state by the person; or |
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| 39 | 39 | | (B) incentivizes through any form of |
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| 40 | 40 | | remuneration, compensation, benefit, or discount, the individual |
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| 41 | 41 | | to receive the vaccine in connection with the provision of goods or |
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| 42 | 42 | | services in this state to the individual; and |
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| 43 | 43 | | (2) the individual receives the vaccine on account of |
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| 44 | 44 | | the person's requirement or incentive. |
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| 45 | 45 | | Sec. 100B.004. LIMITATIONS PERIOD. A claimant must bring |
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| 46 | 46 | | suit under this chapter not later than four years after the day the |
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| 47 | 47 | | claimant knew, or reasonably should have known, of the injury or |
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| 48 | 48 | | damages giving rise to the person's cause of action. |
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| 49 | 49 | | Sec. 100B.005. WAIVER OR LIMITATION VOID. A person may not |
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| 50 | 50 | | waive or limit a right or remedy granted by this chapter. A |
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| 51 | 51 | | purported waiver or limitation of any right or remedy granted by |
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| 52 | 52 | | this chapter is void. |
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| 53 | 53 | | SECTION 2. Chapter 100B, Civil Practice and Remedies Code, |
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| 54 | 54 | | as added by this Act, applies only to a cause of action that accrues |
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| 55 | 55 | | on or after the effective date of this Act. |
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| 56 | 56 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 57 | 57 | | last day of the legislative session. |
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