1 | 1 | | By: Toth H.B. No. 170 |
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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 protecting the medical freedom and bodily autonomy of |
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7 | 7 | | employees with respect to immunization or vaccination status. |
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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. The legislature finds that: |
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10 | 10 | | (1) the emergence of the COVID-19 pandemic and |
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11 | 11 | | corresponding vaccines utilizing new mRNA technology has brought |
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12 | 12 | | the question of personal bodily autonomy to the forefront of our |
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13 | 13 | | national and state dialogue; |
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14 | 14 | | (2) the recently implemented COVID-19 passport |
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15 | 15 | | protections extend only to patrons of businesses and not employees; |
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16 | 16 | | (3) the arguments in defense of customers' |
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17 | 17 | | right-of-access to establishments, goods, and services accompanied |
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18 | 18 | | by a freedom to move about unhindered may also be applied to |
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19 | 19 | | protecting an individual from being made to choose between |
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20 | 20 | | continued employment or taking a vaccine which gives them concerns |
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21 | 21 | | due to medical reasons or reasons of conscience; |
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22 | 22 | | (4) a primary role of our government is to protect |
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23 | 23 | | individual liberties, among which medical freedom and bodily |
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24 | 24 | | autonomy are certainly numbered; |
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25 | 25 | | (5) employers are not otherwise prevented in Texas |
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26 | 26 | | statute from implementing safety precautions for their employees |
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27 | 27 | | and customers apart from COVID-19 vaccinations; |
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28 | 28 | | SECTION 2. Chapter 21, Labor Code, is amended by adding |
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29 | 29 | | Subchapter H-1 to read as follows: |
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30 | 30 | | SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION OR |
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31 | 31 | | VACCINATION STATUS |
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32 | 32 | | Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON |
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33 | 33 | | IMMUNIZATION OR VACCINATION STATUS. (a) An employer commits an |
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34 | 34 | | unlawful employment practice if the employer fails or refuses to |
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35 | 35 | | hire, discharges, or otherwise discriminates against an individual |
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36 | 36 | | with respect to the compensation or the terms, conditions, or |
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37 | 37 | | privileges of employment because the individual has not received a |
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38 | 38 | | COVID-19 vaccine. |
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39 | 39 | | (b) A labor organization commits an unlawful employment |
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40 | 40 | | practice if the labor organization excludes or expels from |
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41 | 41 | | membership or otherwise discriminates against an individual |
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42 | 42 | | because the individual has not received a COVID-19 vaccine. |
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43 | 43 | | (c) An employment agency commits an unlawful employment |
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44 | 44 | | practice if the employment agency classifies or refers for |
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45 | 45 | | employment, fails or refuses to refer for employment, or otherwise |
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46 | 46 | | discriminates against an individual because the individual has not |
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47 | 47 | | received a COVID-19 vaccine. |
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48 | 48 | | SECTION 2. The following provisions are repealed: |
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49 | 49 | | (1) Chapter 224, Health and Safety Code; and |
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50 | 50 | | (2) Section 42.04305, Human Resources Code. |
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51 | 51 | | SECTION 3. The change in law made by this Act applies only |
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52 | 52 | | to an unlawful employment practice that occurs on or after the |
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53 | 53 | | effective date of this Act. |
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54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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58 | 58 | | Act takes effect on the 91st day after the last day of the |
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59 | 59 | | legislative session. |
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