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 The following provisions are repealed: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