Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SB51 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87S30190 KKR-F
1	2		By: Hughes S.B. No. 51
2		-	(In the Senate - Filed October 12, 2021; October 12, 2021,
3		-	read first time and referred to Committee on State Affairs;
4		-	October 14, 2021, reported favorably by the following vote:
5		-	Yeas 5, Nays 3; October 14, 2021, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to prohibited COVID-19 vaccine mandates and vaccination
12	8		status discrimination and to exemptions from certain vaccine
13	9		requirements.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Section 161.0085, Health and Safety Code, is
16	12		amended by adding Subsection (b-1) and amending Subsection (e) to
17	13		read as follows:
18	14		(b-1) A governmental entity in this state may not require an
19	15		individual to provide any documentation certifying the
20	16		individual's COVID-19 vaccination or post-transmission recovery on
21	17		entry to, to gain access to, or to receive service from the
22	18		governmental entity.
23	19		(e) This section may not be construed to:
24	20		(1) restrict a business or governmental entity from
25	21		implementing COVID-19 screening and infection control protocols in
26	22		accordance with state and federal law to protect public health; or
27	23		(2) interfere with an individual's right to access the
28	24		individual's personal health information under federal law.
29	25		SECTION 2. Subchapter A, Chapter 161, Health and Safety
30	26		Code, is amended by adding Section 161.0086 to read as follows:
31	27		Sec. 161.0086. PROHIBITION ON POLITICAL SUBDIVISIONS
32	28		MANDATING COVID-19 VACCINATIONS. (a) In this section, "COVID-19"
33	29		means the 2019 novel coronavirus disease.
34	30		(b) Notwithstanding any other law, including Chapter 81 of
35	31		this code and Chapter 418, Government Code, a political subdivision
36	32		of this state may not issue an order, adopt an ordinance, or
37	33		otherwise require an individual to be vaccinated against COVID-19.
38	34		SECTION 3. Section 38.001(b), Education Code, as amended by
39	35		Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
40	36		Legislature, Regular Session, 2007, is reenacted and amended to
41	37		read as follows:
42	38		(b) Subject to Subsections (b-1), (b-2), and (c), the
43	39		executive commissioner of the Health and Human Services Commission
44	40		may modify or delete any of the immunizations in Subsection (a) or
45	41		may require immunizations against additional diseases as a
46	42		requirement for admission to any elementary or secondary school.
47	43		SECTION 4. Section 38.001, Education Code, is amended by
48	44		adding Subsection (b-2) to read as follows:
49	45		(b-2) An elementary or secondary school may not require a
50	46		student, as a condition of the student's admission to or continued
51	47		enrollment in the school, to be vaccinated against the 2019 novel
52	48		coronavirus disease (COVID-19).
53	49		SECTION 5. Subchapter Z, Chapter 51, Education Code, is
54	50		amended by adding Section 51.91921 to read as follows:
55	51		Sec. 51.91921. PROHIBITION ON PRIVATE OR INDEPENDENT
56	52		INSTITUTIONS OF HIGHER EDUCATION MANDATING COVID-19 VACCINATION
57	53		FOR STUDENTS. (a) In this section:
58	54		(1) "COVID-19" means the 2019 novel coronavirus
59	55		disease.
60	56		(2) "Private or independent institution of higher
61	57		education" has the meaning assigned by Section 61.003.
62	58		(b) A private or independent institution of higher
63	59		education may not require a student, as a condition of the student's
64	60		admission to or continued enrollment in the institution, to be
65	61		vaccinated against COVID-19.
66	62		SECTION 6. Section 51.933, Education Code, is amended by
67	63		amending Subsection (b) and adding Subsection (b-2) to read as
68	64		follows:
69	65		(b) Except as provided by Subsection (b-2), the [The]
70	66		executive commissioner of the Health and Human Services Commission
71	67		may require immunizations against the diseases listed in Subsection
72	68		(a) and additional diseases for students at any institution of
73	69		higher education who are pursuing a course of study in a human or
74	70		animal health profession, and the executive commissioner may
75	71		require those immunizations for any students in times of an
76	72		emergency or epidemic in a county where the commissioner of state
77	73		health services has declared such an emergency or epidemic.
78	74		(b-2) An institution of higher education may not require a
79	75		student, as a condition of the student's admission to or continued
80	76		enrollment in the institution, to be vaccinated against the 2019
81	77		novel coronavirus disease (COVID-19).
82	78		SECTION 7. Chapter 21, Labor Code, is amended by adding
83	79		Subchapter H-1 to read as follows:
84	80		SUBCHAPTER H-1. DISCRIMINATION BASED ON EXEMPTION FROM REQUIRED
85	81		COVID-19 VACCINATION
86	82		Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
87	83		means the 2019 novel coronavirus disease.
88	84		Sec. 21.422. EXEMPTION FROM REQUIRED COVID-19 VACCINATION.
89	85		An employer, labor organization, or employment agency shall allow
90	86		an individual to claim an exemption from a required COVID-19
91	87		vaccination based on a medical condition or reasons of conscience,
92	88		including a religious belief.
93	89		Sec. 21.423. PROHIBITED DISCRIMINATION BASED ON EXEMPTION
94	90		FROM REQUIRED COVID-19 VACCINATION. (a) An employer commits an
95	91		unlawful employment practice if the employer fails or refuses to
96	92		hire, discharges, or otherwise discriminates against an individual
97	93		with respect to the compensation or the terms, conditions, or
98	94		privileges of employment because the individual claims an exemption
99	95		described by Section 21.422.
100	96		(b) A labor organization commits an unlawful employment
101	97		practice if the labor organization excludes or expels from
102	98		membership or otherwise discriminates against an individual
103	99		because the individual claims an exemption described by Section
104	100		21.422.
105	101		(c) An employment agency commits an unlawful employment
106	102		practice if the employment agency classifies or refers for
107	103		employment, fails or refuses to refer for employment, or otherwise
108	104		discriminates against an individual because the individual claims
109	105		an exemption described by Section 21.422.
110	106		Sec. 21.424. COVID-19 VACCINATION EXEMPTION AFFIDAVIT
111	107		FORM. (a) An employee claiming an exemption from a required
112	108		COVID-19 vaccination must complete and provide to the employee's
113	109		employer an affidavit on a form described by Subsection (e) stating
114	110		the reason for the exemption.
115	111		(b) The affidavit must be signed by the employee claiming
116	112		the exemption or, if the employee is a minor, the employee's parent,
117	113		managing conservator, or guardian, and the affidavit must be
118	114		notarized.
119	115		(c) On request of an employee, an employer shall provide to
120	116		the employee a blank copy of the vaccination exemption affidavit
121	117		form described by Subsection (e).
122	118		(d) On receipt of an employee's signed and notarized
123	119		affidavit claiming the exemption, the employer shall exempt the
124	120		employee from receiving a required COVID-19 vaccination.
125	121		(e) The commission shall develop and make available on the
126	122		commission's Internet website a blank affidavit form to be used by
127	123		an employee who claims an exemption from a required COVID-19
128	124		vaccination. The content of the affidavit form must be the same or
129	125		substantially similar to the affidavit form developed under Section
130	126		161.0041, Health and Safety Code, except that the form is not
131	127		required to contain a seal or other security device under
132	128		Subsection (d) of that section.
133	129		SECTION 8. Section 224.002(c), Health and Safety Code, is
134	130		amended to read as follows:
135	131		(c) The policy shall [may] include procedures for a covered
136	132		individual to be exempt from the required vaccines based on reasons
137	133		of conscience, including a religious belief.
138	134		SECTION 9. Subchapter H-1, Chapter 21, Labor Code, as added
139	135		by this Act, applies only to an unlawful employment practice that
140	136		occurs on or after the effective date of this Act.
141	137		SECTION 10. (a) The changes in law made by this Act to
142	138		Title 2, Education Code, apply beginning with the 2021-2022 school
143	139		year.
144	140		(b) The changes in law made by this Act to Title 3, Education
145	141		Code, apply beginning with the 2021-2022 academic year.
146	142		SECTION 11. This Act takes effect immediately if it
147	143		receives a vote of two-thirds of all the members elected to each
148	144		house, as provided by Section 39, Article III, Texas Constitution.
149	145		If this Act does not receive the vote necessary for immediate
150	146		effect, this Act takes effect on the 91st day after the last day of
151	147		the legislative session.
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