| 1 | 1 | | 87S30070 SRA/KKR-D |
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| 2 | 2 | | By: Hall S.B. No. 36 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibitions on the use of state money to enforce |
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| 8 | 8 | | federal vaccine or treatment mandates and on required COVID-19 |
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| 9 | 9 | | vaccinations. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 161.0065 to read as follows: |
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| 13 | 13 | | Sec. 161.0065. PROHIBITION ON USE OF STATE MONEY TO ENFORCE |
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| 14 | 14 | | FEDERAL VACCINE OR TREATMENT MANDATES. (a) In this section, |
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| 15 | 15 | | "governmental entity" means this state, a political subdivision of |
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| 16 | 16 | | this state, or an agency of this state or a political subdivision of |
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| 17 | 17 | | this state. The term includes an institution of higher education as |
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| 18 | 18 | | defined by Section 61.003, Education Code. |
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| 19 | 19 | | (b) A governmental entity or a private entity that receives |
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| 20 | 20 | | money from this state may not use state money or any other state |
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| 21 | 21 | | resource to enforce a federal statute, order, rule, or regulation |
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| 22 | 22 | | mandating vaccines or other invasive health care treatments. |
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| 23 | 23 | | SECTION 2. Chapter 52, Labor Code, is amended by adding |
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| 24 | 24 | | Subchapter H to read as follows: |
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| 25 | 25 | | SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS |
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| 26 | 26 | | Sec. 52.081. DEFINITIONS. In this subchapter: |
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| 27 | 27 | | (1) "COVID-19" means the 2019 novel coronavirus |
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| 28 | 28 | | disease. |
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| 29 | 29 | | (2) "Employer" means a person who employs one or more |
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| 30 | 30 | | employees. |
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| 31 | 31 | | (3) "Governmental entity" means this state, a |
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| 32 | 32 | | political subdivision of this state, or an agency of this state or a |
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| 33 | 33 | | political subdivision of this state. The term includes an |
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| 34 | 34 | | institution of higher education as defined by Section 61.003, |
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| 35 | 35 | | Education Code. |
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| 36 | 36 | | Sec. 52.082. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS |
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| 37 | 37 | | AND RELATED ENFORCEMENT. (a) An employer is not required to comply |
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| 38 | 38 | | with a federal statute, order, rule, or regulation mandating |
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| 39 | 39 | | employer-required COVID-19 vaccinations if that vaccination |
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| 40 | 40 | | requirement does not exist under the laws of this state. |
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| 41 | 41 | | (b) A governmental entity or person employed by or otherwise |
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| 42 | 42 | | under the direction or control of the entity may not enforce or |
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| 43 | 43 | | attempt to enforce any federal statute, order, rule, or regulation |
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| 44 | 44 | | described by Subsection (a). |
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| 45 | 45 | | SECTION 3. Any federal statute, order, rule, regulation, |
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| 46 | 46 | | treaty, or court decision that purports to supersede, stay, or |
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| 47 | 47 | | overrule this Act is in violation of the Texas Constitution and the |
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| 48 | 48 | | United States Constitution and is therefore void. The State of |
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| 49 | 49 | | Texas, a governmental entity of this state, and any agent of this |
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| 50 | 50 | | state or a governmental entity of this state may, but is not |
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| 51 | 51 | | required to, enter an appearance, special or otherwise, in any |
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| 52 | 52 | | federal suit challenging this Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect on the 91st day after the last day of the |
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| 58 | 58 | | legislative session. |
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