87S30070 SRA/KKR-D
By: Hall S.B. No. 36
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on the use of state money to enforce
federal vaccine or treatment mandates and on required COVID-19
vaccinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0065 to read as follows:
Sec. 161.0065. PROHIBITION ON USE OF STATE MONEY TO ENFORCE
FEDERAL VACCINE OR TREATMENT MANDATES. (a) In this section,
"governmental entity" means this state, a political subdivision of
this state, or an agency of this state or a political subdivision of
this state. The term includes an institution of higher education as
defined by Section 61.003, Education Code.
(b) A governmental entity or a private entity that receives
money from this state may not use state money or any other state
resource to enforce a federal statute, order, rule, or regulation
mandating vaccines or other invasive health care treatments.
SECTION 2. Chapter 52, Labor Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS
Sec. 52.081. DEFINITIONS. In this subchapter:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Employer" means a person who employs one or more
employees.
(3) "Governmental entity" means this state, a
political subdivision of this state, or an agency of this state or a
political subdivision of this state. The term includes an
institution of higher education as defined by Section 61.003,
Education Code.
Sec. 52.082. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS
AND RELATED ENFORCEMENT. (a) An employer is not required to comply
with a federal statute, order, rule, or regulation mandating
employer-required COVID-19 vaccinations if that vaccination
requirement does not exist under the laws of this state.
(b) A governmental entity or person employed by or otherwise
under the direction or control of the entity may not enforce or
attempt to enforce any federal statute, order, rule, or regulation
described by Subsection (a).
SECTION 3. Any federal statute, order, rule, regulation,
treaty, or court decision that purports to supersede, stay, or
overrule this Act is in violation of the Texas Constitution and the
United States Constitution and is therefore void. The State of
Texas, a governmental entity of this state, and any agent of this
state or a governmental entity of this state may, but is not
required to, enter an appearance, special or otherwise, in any
federal suit challenging 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.