By: Hughes S.B. No. 51
(In the Senate - Filed October 12, 2021; October 12, 2021,
read first time and referred to Committee on State Affairs;
October 14, 2021, reported favorably by the following vote:
Yeas 5, Nays 3; October 14, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to prohibited COVID-19 vaccine mandates and vaccination
status discrimination and to exemptions from certain vaccine
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.0085, Health and Safety Code, is
amended by adding Subsection (b-1) and amending Subsection (e) to
read as follows:
(b-1) A governmental entity in this state may not require an
individual to provide any documentation certifying the
individual's COVID-19 vaccination or post-transmission recovery on
entry to, to gain access to, or to receive service from the
governmental entity.
(e) This section may not be construed to:
(1) restrict a business or governmental entity from
implementing COVID-19 screening and infection control protocols in
accordance with state and federal law to protect public health; or
(2) interfere with an individual's right to access the
individual's personal health information under federal law.
SECTION 2. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0086 to read as follows:
Sec. 161.0086. PROHIBITION ON POLITICAL SUBDIVISIONS
MANDATING COVID-19 VACCINATIONS. (a) In this section, "COVID-19"
means the 2019 novel coronavirus disease.
(b) Notwithstanding any other law, including Chapter 81 of
this code and Chapter 418, Government Code, a political subdivision
of this state may not issue an order, adopt an ordinance, or
otherwise require an individual to be vaccinated against COVID-19.
SECTION 3. Section 38.001(b), Education Code, as amended by
Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(b) Subject to Subsections (b-1), (b-2), and (c), the
executive commissioner of the Health and Human Services Commission
may modify or delete any of the immunizations in Subsection (a) or
may require immunizations against additional diseases as a
requirement for admission to any elementary or secondary school.
SECTION 4. Section 38.001, Education Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) An elementary or secondary school may not require a
student, as a condition of the student's admission to or continued
enrollment in the school, to be vaccinated against the 2019 novel
coronavirus disease (COVID-19).
SECTION 5. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.91921 to read as follows:
Sec. 51.91921. PROHIBITION ON PRIVATE OR INDEPENDENT
INSTITUTIONS OF HIGHER EDUCATION MANDATING COVID-19 VACCINATION
FOR STUDENTS. (a) In this section:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003.
(b) A private or independent institution of higher
education may not require a student, as a condition of the student's
admission to or continued enrollment in the institution, to be
vaccinated against COVID-19.
SECTION 6. Section 51.933, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-2) to read as
follows:
(b) Except as provided by Subsection (b-2), the [The]
executive commissioner of the Health and Human Services Commission
may require immunizations against the diseases listed in Subsection
(a) and additional diseases for students at any institution of
higher education who are pursuing a course of study in a human or
animal health profession, and the executive commissioner may
require those immunizations for any students in times of an
emergency or epidemic in a county where the commissioner of state
health services has declared such an emergency or epidemic.
(b-2) An institution of higher education may not require a
student, as a condition of the student's admission to or continued
enrollment in the institution, to be vaccinated against the 2019
novel coronavirus disease (COVID-19).
SECTION 7. Chapter 21, Labor Code, is amended by adding
Subchapter H-1 to read as follows:
SUBCHAPTER H-1. DISCRIMINATION BASED ON EXEMPTION FROM REQUIRED
COVID-19 VACCINATION
Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
means the 2019 novel coronavirus disease.
Sec. 21.422. EXEMPTION FROM REQUIRED COVID-19 VACCINATION.
An employer, labor organization, or employment agency shall allow
an individual to claim an exemption from a required COVID-19
vaccination based on a medical condition or reasons of conscience,
including a religious belief.
Sec. 21.423. PROHIBITED DISCRIMINATION BASED ON EXEMPTION
FROM REQUIRED COVID-19 VACCINATION. (a) An employer commits an
unlawful employment practice if the employer fails or refuses to
hire, discharges, or otherwise discriminates against an individual
with respect to the compensation or the terms, conditions, or
privileges of employment because the individual claims an exemption
described by Section 21.422.
(b) A labor organization commits an unlawful employment
practice if the labor organization excludes or expels from
membership or otherwise discriminates against an individual
because the individual claims an exemption described by Section
21.422.
(c) An employment agency commits an unlawful employment
practice if the employment agency classifies or refers for
employment, fails or refuses to refer for employment, or otherwise
discriminates against an individual because the individual claims
an exemption described by Section 21.422.
Sec. 21.424. COVID-19 VACCINATION EXEMPTION AFFIDAVIT
FORM. (a) An employee claiming an exemption from a required
COVID-19 vaccination must complete and provide to the employee's
employer an affidavit on a form described by Subsection (e) stating
the reason for the exemption.
(b) The affidavit must be signed by the employee claiming
the exemption or, if the employee is a minor, the employee's parent,
managing conservator, or guardian, and the affidavit must be
notarized.
(c) On request of an employee, an employer shall provide to
the employee a blank copy of the vaccination exemption affidavit
form described by Subsection (e).
(d) On receipt of an employee's signed and notarized
affidavit claiming the exemption, the employer shall exempt the
employee from receiving a required COVID-19 vaccination.
(e) The commission shall develop and make available on the
commission's Internet website a blank affidavit form to be used by
an employee who claims an exemption from a required COVID-19
vaccination. The content of the affidavit form must be the same or
substantially similar to the affidavit form developed under Section
161.0041, Health and Safety Code, except that the form is not
required to contain a seal or other security device under
Subsection (d) of that section.
SECTION 8. Section 224.002(c), Health and Safety Code, is
amended to read as follows:
(c) The policy shall [may] include procedures for a covered
individual to be exempt from the required vaccines based on reasons
of conscience, including a religious belief.
SECTION 9. Subchapter H-1, Chapter 21, Labor Code, as added
by this Act, applies only to an unlawful employment practice that
occurs on or after the effective date of this Act.
SECTION 10. (a) The changes in law made by this Act to
Title 2, Education Code, apply beginning with the 2021-2022 school
year.
(b) The changes in law made by this Act to Title 3, Education
Code, apply beginning with the 2021-2022 academic year.
SECTION 11. 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.
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