Texas 2021 - 87th 3rd C.S.

Texas House Bill HB39 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Noble H.B. No. 39
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibited vaccination status discrimination and
7	7	requirements for COVID-19 vaccines.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. COVID-19 VACCINATION STATUS DISCRIMINATION PROHIBITED
10	10	SECTION 1.01. Chapter 544, Insurance Code, is amended by
11	11	adding Subchapter N to read as follows:
12	12	SUBCHAPTER N. COVID-19 VACCINATION STATUS
13	13	Sec. 544.651. DEFINITIONS. In this subchapter:
14	14	(1) "COVID-19" means the 2019 novel coronavirus
15	15	disease.
16	16	(2) "Health benefit plan issuer" means an issuer,
17	17	administrator, or sponsor of a health benefit plan described by
18	18	Section 544.652.
19	19	Sec. 544.652. APPLICABILITY OF SUBCHAPTER. (a) This
20	20	subchapter applies only to a health benefit plan that provides
21	21	benefits for medical or surgical expenses incurred as a result of a
22	22	health condition, accident, or sickness, including a group,
23	23	blanket, or franchise insurance policy or insurance agreement, a
24	24	group hospital service contract, or a group evidence of coverage or
25	25	similar coverage document that is offered by:
26	26	(1) an insurance company;
27	27	(2) a group hospital service corporation operating
28	28	under Chapter 842;
29	29	(3) a health maintenance organization operating under
30	30	Chapter 843;
31	31	(4) an approved nonprofit health corporation that
32	32	holds a certificate of authority under Chapter 844;
33	33	(5) a multiple employer welfare arrangement that holds
34	34	a certificate of authority under Chapter 846;
35	35	(6) a stipulated premium company operating under
36	36	Chapter 884;
37	37	(7) a fraternal benefit society operating under
38	38	Chapter 885;
39	39	(8) a Lloyd's plan operating under Chapter 941; or
40	40	(9) an exchange operating under Chapter 942.
41	41	(b) Notwithstanding any other law, this subchapter applies
42	42	to:
43	43	(1) a small employer health benefit plan subject to
44	44	Chapter 1501, including coverage provided through a health group
45	45	cooperative under Subchapter B of that chapter;
46	46	(2) a standard health benefit plan issued under
47	47	Chapter 1507;
48	48	(3) a basic coverage plan under Chapter 1551;
49	49	(4) a basic plan under Chapter 1575;
50	50	(5) a primary care coverage plan under Chapter 1579;
51	51	(6) a plan providing basic coverage under Chapter
52	52	1601;
53	53	(7) health benefits provided by or through a church
54	54	benefits board under Subchapter I, Chapter 22, Business
55	55	Organizations Code;
56	56	(8) the state Medicaid program, including the Medicaid
57	57	managed care program operated under Chapter 533, Government Code;
58	58	(9) the child health plan program under Chapter 62,
59	59	Health and Safety Code;
60	60	(10) a regional or local health care program operated
61	61	under Section 75.104, Health and Safety Code;
62	62	(11) a self-funded health benefit plan sponsored by a
63	63	professional employer organization under Chapter 91, Labor Code;
64	64	(12) county employee group health benefits provided
65	65	under Chapter 157, Local Government Code; and
66	66	(13) health and accident coverage provided by a risk
67	67	pool created under Chapter 172, Local Government Code.
68	68	(c) This subchapter applies to a life insurance company
69	69	that:
70	70	(1) issues or delivers a life insurance policy in this
71	71	state; or
72	72	(2) is organized under the laws of this state.
73	73	Sec. 544.653. PROHIBITED DISCRIMINATION AGAINST
74	74	INDIVIDUAL. A group health benefit plan issuer or a life insurance
75	75	company may not use an individual's COVID-19 vaccination status to:
76	76	(1) reject, deny, limit, cancel, refuse to renew, or
77	77	increase the premiums for coverage of the individual under a plan
78	78	offered by the issuer or company;
79	79	(2) limit the amount, extent, or kind of coverage
80	80	available to the individual; or
81	81	(3) otherwise adversely affect the individual's
82	82	eligibility for coverage.
83	83	Sec. 544.654. EFFECT ON OTHER LAW. This subchapter
84	84	prevails to the extent of a conflict between this subchapter and any
85	85	other law.
86	86	SECTION 1.02. Chapter 21, Labor Code, is amended by adding
87	87	Subchapter H-1 to read as follows:
88	88	SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION
89	89	STATUS
90	90	Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
91	91	means the 2019 novel coronavirus disease.
92	92	Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19
93	93	VACCINATION STATUS. (a) An employer commits an unlawful
94	94	employment practice if the employer fails or refuses to hire,
95	95	discharges, or otherwise discriminates against an individual with
96	96	respect to the compensation or the terms, conditions, or privileges
97	97	of employment because the individual has not received a COVID-19
98	98	vaccine.
99	99	(b) A labor organization commits an unlawful employment
100	100	practice if the labor organization excludes or expels from
101	101	membership or otherwise discriminates against an individual
102	102	because the individual has not received a COVID-19 vaccine.
103	103	(c) An employment agency commits an unlawful employment
104	104	practice if the employment agency classifies or refers for
105	105	employment, fails or refuses to refer for employment, or otherwise
106	106	discriminates against an individual because the individual has not
107	107	received a COVID-19 vaccine.
108	108	Sec. 21.423. LIMITATION OF LIABILITY. An employer, labor
109	109	organization, or employment agency is not liable for a claim
110	110	arising from exposure to COVID-19 on the basis that the employer,
111	111	labor organization, or employment agency failed to require an
112	112	individual to receive a COVID-19 vaccine.
113	113	Sec. 21.424. EFFECT ON OTHER LAW. This subchapter prevails
114	114	to the extent of a conflict between this subchapter and any other
115	115	law.
116	116	ARTICLE 2. PROHIBITED COVID-19 VACCINATION REQUIREMENTS
117	117	SECTION 2.01. Section 38.001(b), Education Code, as amended
118	118	by Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
119	119	Legislature, Regular Session, 2007, is reenacted and amended to
120	120	read as follows:
121	121	(b) Subject to Subsections (b-1), (b-2), and (c), the
122	122	executive commissioner of the Health and Human Services Commission
123	123	may modify or delete any of the immunizations in Subsection (a) or
124	124	may require immunizations against additional diseases as a
125	125	requirement for admission to any elementary or secondary school.
126	126	SECTION 2.02. Section 38.001, Education Code, is amended by
127	127	adding Subsection (b-2) to read as follows:
128	128	(b-2) A student may not be required, as a condition of the
129	129	student's admission to or continued enrollment in any elementary or
130	130	secondary school, to receive a vaccine for the 2019 novel
131	131	coronavirus disease (COVID-19). An elementary or secondary school
132	132	is not liable for a claim arising from exposure to COVID-19 on the
133	133	basis that the school failed to require a student to receive a
134	134	COVID-19 vaccine.
135	135	SECTION 2.03. Subchapter Z, Chapter 51, Education Code, is
136	136	amended by adding Section 51.91921 to read as follows:
137	137	Sec. 51.91921. COVID-19 VACCINATION REQUIREMENT FOR
138	138	PRIVATE OR INDEPENDENT INSTITUTION OF HIGHER EDUCATION STUDENTS
139	139	PROHIBITED. (a) In this section:
140	140	(1) "COVID-19" means the 2019 novel coronavirus
141	141	disease.
142	142	(2) "Private or independent institution of higher
143	143	education" has the meaning assigned by Section 61.003.
144	144	(b) A student may not be required, as a condition of the
145	145	student's admission to or continued enrollment in a private or
146	146	independent institution of higher education, to receive a COVID-19
147	147	vaccine.
148	148	(c) A private or independent institution of higher
149	149	education is not liable for a claim arising from exposure to
150	150	COVID-19 on the basis that the institution failed to require a
151	151	student to receive a COVID-19 vaccine.
152	152	SECTION 2.04. Section 51.933, Education Code, is amended by
153	153	amending Subsection (b) and adding Subsection (b-2) to read as
154	154	follows:
155	155	(b) Except as provided by Subsection (b-2), the [The]
156	156	executive commissioner of the Health and Human Services Commission
157	157	may require immunizations against the diseases listed in Subsection
158	158	(a) and additional diseases for students at any institution of
159	159	higher education who are pursuing a course of study in a human or
160	160	animal health profession, and the executive commissioner may
161	161	require those immunizations for any students in times of an
162	162	emergency or epidemic in a county where the commissioner of state
163	163	health services has declared such an emergency or epidemic.
164	164	(b-2) A student may not be required, as a condition of the
165	165	student's admission to or continued enrollment in an institution of
166	166	higher education, to receive a vaccine for the 2019 novel
167	167	coronavirus disease (COVID-19). An institution of higher education
168	168	is not liable for a claim arising from exposure to COVID-19 on the
169	169	basis that the institution failed to require a student to receive a
170	170	COVID-19 vaccine.
171	171	SECTION 2.05. Section 81.023, Health and Safety Code, is
172	172	amended by adding Subsection (d) to read as follows:
173	173	(d) The department, in developing immunization requirements
174	174	under Subsection (c), may not require a child to receive a vaccine
175	175	for the 2019 novel coronavirus disease (COVID-19).
176	176	SECTION 2.06. Section 224.002, Health and Safety Code, is
177	177	amended by adding Subsection (b-1) to read as follows:
178	178	(b-1) The policy may not require a covered individual to
179	179	receive a vaccine for the 2019 novel coronavirus disease
180	180	(COVID-19).
181	181	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
182	182	SECTION 3.01. Each facility subject to Chapter 224, Health
183	183	and Safety Code, as amended by this Act, shall modify the facility's
184	184	vaccine-preventable disease policy to conform with the changes in
185	185	law made by this Act not later than January 1, 2022.
186	186	SECTION 3.02. Subchapter N, Chapter 544, Insurance Code, as
187	187	added by this Act, applies only to a health benefit plan or
188	188	insurance policy delivered, issued for delivery, or renewed on or
189	189	after January 1, 2022.
190	190	SECTION 3.03. Subchapter H-1, Chapter 21, Labor Code, as
191	191	added by this Act, applies only to an unlawful employment practice
192	192	that occurs on or after the effective date of this Act.
193	193	SECTION 3.04. (a) The changes in law made by this Act to
194	194	Title 2, Education Code, apply beginning with the 2021-2022 school
195	195	year.
196	196	(b) The changes in law made by this Act to Title 3, Education
197	197	Code, apply beginning with the 2021-2022 academic year.
198	198	SECTION 3.05. This Act takes effect immediately if it
199	199	receives a vote of two-thirds of all the members elected to each
200	200	house, as provided by Section 39, Article III, Texas Constitution.
201	201	If this Act does not receive the vote necessary for immediate
202	202	effect, this Act takes effect on the 91st day after the last day of
203	203	the legislative session.