Texas 2021 - 87th 3rd C.S.

Texas House Bill HB86 Compare Versions

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

Old	New	Differences
1	1	87S30237 JG-D
2	2	By: Tinderholt H.B. No. 86
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited COVID-19 vaccine passports; providing a
8	8	civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 161.0085, Health and
11	11	Safety Code, is amended to read as follows:
12	12	Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED;
13	13	CIVIL PENALTY.
14	14	SECTION 2. Section 161.0085, Health and Safety Code, is
15	15	amended by amending Subsections (c), (d), and (e) and adding
16	16	Subsections (c-1) and (f) to read as follows:
17	17	(c) A business in this state may not require a customer or an
18	18	employee of the business to provide any documentation certifying
19	19	the customer's or employee's COVID-19 vaccination or
20	20	post-transmission recovery on entry to, to gain access to, [or] to
21	21	receive service from, or to be employed by the business. A business
22	22	that fails to comply with this subsection is not eligible to receive
23	23	a grant or enter into a contract payable with state funds.
24	24	(c-1) A public or private primary or secondary school in
25	25	this state may not require a student to provide documentation
26	26	certifying the student's COVID-19 vaccination or post-transmission
27	27	recovery for entry or admission to the school. A public or private
28	28	primary or secondary school in this state that fails to comply with
29	29	this subsection is not eligible to receive a grant or enter into a
30	30	contract payable with state funds.
31	31	(d) Notwithstanding any other law, each appropriate state
32	32	agency shall ensure that businesses in this state comply with
33	33	Subsection (c) and [may] require compliance with that subsection as
34	34	a condition for a license, permit, or other state authorization
35	35	necessary for conducting business in this state.
36	36	(e) This section may not be construed to:
37	37	(1) restrict a business or public or private primary
38	38	or secondary school from implementing COVID-19 screening and
39	39	infection control protocols for customers or students, as
40	40	applicable, in accordance with authoritative or controlling
41	41	government-issued guidance [state and federal law] to protect
42	42	public health; or
43	43	(2) interfere with an individual's right to access the
44	44	individual's personal health information under federal law.
45	45	(f) A governmental entity, business, or public or private
46	46	primary or secondary school that violates this section is liable to
47	47	this state for a civil penalty in an amount not to exceed $5,000 for
48	48	each violation. The attorney general may bring an action to collect
49	49	the civil penalty imposed under this subsection.
50	50	SECTION 3. Section 161.0085, Health and Safety Code, as
51	51	amended by this Act, applies only to conduct that occurs on or after
52	52	the effective date of this Act. Conduct that occurs before the
53	53	effective date of this Act is governed by the law in effect
54	54	immediately before the effective date of this Act, and the former
55	55	law is continued in effect for that purpose.
56	56	SECTION 4. This Act takes effect February 1, 2022.