Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SB11 Compare Versions

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

Old	New	Differences
1	1	By: Hall S.B. No. 11
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 certain vaccination policies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 161.0085, Health and Safety Code, as
10	10	added by S.B. No. 968, Acts of the 87th Legislature, Regular
11	11	Session, 2021, is amended by adding Subsection (b-1) and amending
12	12	Subsection (e) to read as follows:
13	13	(b-1) A governmental entity in this state may not require an
14	14	individual to provide any documentation certifying the
15	15	individual's COVID-19 vaccination or post-transmission recovery on
16	16	entry to, to gain access to, or to receive service from the
17	17	governmental entity.
18	18	(e) This section may not be construed to:
19	19	(1) restrict a business or governmental entity from
20	20	implementing COVID-19 screening and infection control protocols in
21	21	accordance with state and federal law to protect public health; or
22	22	(2) interfere with an individual's right to access the
23	23	individual's personal health information under federal law.
24	24	SECTION 2. Section 224.002(c), Health and Safety Code, is
25	25	amended to read as follows:
26	26	(c) The policy must [may] include procedures for a covered
27	27	individual to be exempt from the required vaccines based on reasons
28	28	of conscience, including a religious belief.
29	29	SECTION 3. Chapter 21, Labor Code, is amended by adding
30	30	Subchapter H-1 to read as follows:
31	31	SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION OR
32	32	VACCINATION STATUS
33	33	Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON
34	34	IMMUNIZATION OR VACCINATION STATUS. (a) An employer commits an
35	35	unlawful employment practice if the employer fails or refuses to
36	36	hire, discharges, or otherwise discriminates against an individual
37	37	with respect to the compensation or the terms, conditions, or
38	38	privileges of employment because the individual has not received an
39	39	immunization or vaccine.
40	40	(b) A labor organization commits an unlawful employment
41	41	practice if the labor organization excludes or expels from
42	42	membership or otherwise discriminates against an individual
43	43	because the individual has not received an immunization or vaccine.
44	44	(c) An employment agency commits an unlawful employment
45	45	practice if the employment agency classifies or refers for
46	46	employment, fails or refuses to refer for employment, or otherwise
47	47	discriminates against an individual because the individual has not
48	48	received an immunization or vaccine.
49	49	SECTION 4. Subchapter H-1, Chapter 21, Labor Code, as added
50	50	by this Act, applies only to an unlawful employment practice that
51	51	occurs on or after the effective date of this Act.
52	52	SECTION 5. This Act takes effect immediately if it receives
53	53	a vote of two-thirds of all the members elected to each house, as
54	54	provided by Section 39, Article III, Texas Constitution. If this
55	55	Act does not receive the vote necessary for immediate effect, this
56	56	Act takes effect on the 91st day after the last day of the
57	57	legislative session.