Texas 2021 - 87th 3rd C.S.

Texas House Bill HB170 Compare Versions

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11 By: Toth H.B. No. 170
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to protecting the medical freedom and bodily autonomy of
77 employees with respect to immunization or vaccination status.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. The legislature finds that:
1010 (1) the emergence of the COVID-19 pandemic and
1111 corresponding vaccines utilizing new mRNA technology has brought
1212 the question of personal bodily autonomy to the forefront of our
1313 national and state dialogue;
1414 (2) the recently implemented COVID-19 passport
1515 protections extend only to patrons of businesses and not employees;
1616 (3) the arguments in defense of customers'
1717 right-of-access to establishments, goods, and services accompanied
1818 by a freedom to move about unhindered may also be applied to
1919 protecting an individual from being made to choose between
2020 continued employment or taking a vaccine which gives them concerns
2121 due to medical reasons or reasons of conscience;
2222 (4) a primary role of our government is to protect
2323 individual liberties, among which medical freedom and bodily
2424 autonomy are certainly numbered;
2525 (5) employers are not otherwise prevented in Texas
2626 statute from implementing safety precautions for their employees
2727 and customers apart from COVID-19 vaccinations;
2828 SECTION 2. Chapter 21, Labor Code, is amended by adding
2929 Subchapter H-1 to read as follows:
3030 SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION OR
3131 VACCINATION STATUS
3232 Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON
3333 IMMUNIZATION OR VACCINATION STATUS. (a) An employer commits an
3434 unlawful employment practice if the employer fails or refuses to
3535 hire, discharges, or otherwise discriminates against an individual
3636 with respect to the compensation or the terms, conditions, or
3737 privileges of employment because the individual has not received a
3838 COVID-19 vaccine.
3939 (b) A labor organization commits an unlawful employment
4040 practice if the labor organization excludes or expels from
4141 membership or otherwise discriminates against an individual
4242 because the individual has not received a COVID-19 vaccine.
4343 (c) An employment agency commits an unlawful employment
4444 practice if the employment agency classifies or refers for
4545 employment, fails or refuses to refer for employment, or otherwise
4646 discriminates against an individual because the individual has not
4747 received a COVID-19 vaccine.
4848 SECTION 2. The following provisions are repealed:
4949 (1) Chapter 224, Health and Safety Code; and
5050 (2) Section 42.04305, Human Resources Code.
5151 SECTION 3. The change in law made by this Act applies only
5252 to an unlawful employment practice that occurs on or after the
5353 effective date of this Act.
5454 SECTION 4. This Act takes effect immediately if it receives
5555 a vote of two-thirds of all the members elected to each house, as
5656 provided by Section 39, Article III, Texas Constitution. If this
5757 Act does not receive the vote necessary for immediate effect, this
5858 Act takes effect on the 91st day after the last day of the
5959 legislative session.