By: Slawson H.B. No. 167
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for certain vaccine requirements or
incentives.
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. LIABILITY FOR MANDATED OR INCENTIVIZED VACCINATION
Sec. 100B.001. DEFINITIONS.
(1) "Employer" means, unless otherwise specified, a
person who makes a contract of hire or employs one or more
employees.
(2) "Employee" means a person in the service of
another under a contract of hire, whether express or implied, or
oral or written, and includes an independent contractor.
(3) "Person" is defined as set forth in Texas Business
and Commerce Code Section 1.201.
Sec. 100B.002. LIABILITY FOR VACCINE REQUIREMENT OR
INCENTIVE IN EMPLOYMENT. An employee may bring an action against
the employer for actual damages caused by a vaccine if:
(1) the employer:
(A) requires the employee to receive the vaccine
as a condition of employment; or
(B) incentivizes the employee's receipt of the
vaccine through any form of remuneration, compensation, or benefit;
and
(2) the employee receives the vaccine on account of
the employer's requirement or incentive.
Sec. 100B.003. LIABILITY FOR REQUIRING OR INCENTIVIZING
VACCINE TO RECEIVE GOODS OR SERVICES. An individual may bring an
action against a person for actual damages caused by a vaccine if:
(1) the person:
(A) requires the individual to receive the
vaccine as a condition of receiving goods or services offered in
this state by the person; or
(B) incentivizes through any form of
remuneration, compensation, benefit, or discount, the individual
to receive the vaccine in connection with the provision of goods or
services in this state to the individual; and
(2) the individual receives the vaccine on account of
the person's requirement or incentive.
Sec. 100B.004. LIMITATIONS PERIOD. A claimant must bring
suit under this chapter not later than four years after the day the
claimant knew, or reasonably should have known, of the injury or
damages giving rise to the person's cause of action.
Sec. 100B.005. WAIVER OR LIMITATION VOID. A person may not
waive or limit a right or remedy granted by this chapter. A
purported waiver or limitation of any right or remedy granted by
this chapter is void.
SECTION 2. Chapter 100B, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
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.