88R3936 KKR-F
By: Noble H.B. No. 1032
A BILL TO BE ENTITLED
AN ACT
relating to prohibited vaccination status discrimination and
requirements for COVID-19 vaccines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. COVID-19 VACCINATION STATUS DISCRIMINATION PROHIBITED
SECTION 1.01. Chapter 544, Insurance Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. COVID-19 VACCINATION STATUS
Sec. 544.651. DEFINITIONS. In this subchapter:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Health benefit plan issuer" means an issuer,
administrator, or sponsor of a health benefit plan described by
Section 544.652.
Sec. 544.652. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter applies only to a health benefit plan that provides
benefits for medical or surgical expenses incurred as a result of a
health condition, accident, or sickness, including a group,
blanket, or franchise insurance policy or insurance agreement, a
group hospital service contract, or a group evidence of coverage or
similar coverage document that is offered by:
(1) an insurance company;
(2) a group hospital service corporation operating
under Chapter 842;
(3) a health maintenance organization operating under
Chapter 843;
(4) an approved nonprofit health corporation that
holds a certificate of authority under Chapter 844;
(5) a multiple employer welfare arrangement that holds
a certificate of authority under Chapter 846;
(6) a stipulated premium company operating under
Chapter 884;
(7) a fraternal benefit society operating under
Chapter 885;
(8) a Lloyd's plan operating under Chapter 941; or
(9) an exchange operating under Chapter 942.
(b) Notwithstanding any other law, this subchapter applies
to:
(1) a small employer health benefit plan subject to
Chapter 1501, including coverage provided through a health group
cooperative under Subchapter B of that chapter;
(2) a standard health benefit plan issued under
Chapter 1507;
(3) a basic coverage plan under Chapter 1551;
(4) a basic plan under Chapter 1575;
(5) a primary care coverage plan under Chapter 1579;
(6) a plan providing basic coverage under Chapter
1601;
(7) health benefits provided by or through a church
benefits board under Subchapter I, Chapter 22, Business
Organizations Code;
(8) the state Medicaid program, including the Medicaid
managed care program operated under Chapter 533, Government Code;
(9) the child health plan program under Chapter 62,
Health and Safety Code;
(10) a regional or local health care program operated
under Section 75.104, Health and Safety Code;
(11) a self-funded health benefit plan sponsored by a
professional employer organization under Chapter 91, Labor Code;
(12) county employee group health benefits provided
under Chapter 157, Local Government Code; and
(13) health and accident coverage provided by a risk
pool created under Chapter 172, Local Government Code.
(c) This subchapter applies to a life insurance company
that:
(1) issues or delivers a life insurance policy in this
state; or
(2) is organized under the laws of this state.
Sec. 544.653. PROHIBITED DISCRIMINATION AGAINST
INDIVIDUAL. A group health benefit plan issuer or a life insurance
company may not use an individual's COVID-19 vaccination status to:
(1) reject, deny, limit, cancel, refuse to renew, or
increase the premiums for coverage of the individual under a plan
offered by the issuer or company;
(2) limit the amount, extent, or kind of coverage
available to the individual; or
(3) otherwise adversely affect the individual's
eligibility for coverage.
Sec. 544.654. EFFECT ON OTHER LAW. This subchapter
prevails to the extent of a conflict between this subchapter and any
other law.
SECTION 1.02. Chapter 21, Labor Code, is amended by adding
Subchapter H-1 to read as follows:
SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION
STATUS
Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
means the 2019 novel coronavirus disease.
Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS. (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 has not received a COVID-19 vaccine.
(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 has not received a COVID-19 vaccine.
(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 has not
received a COVID-19 vaccine.
Sec. 21.423. LIMITATION OF LIABILITY. An employer, labor
organization, or employment agency is not liable for a claim
arising from exposure to COVID-19 on the basis that the employer,
labor organization, or employment agency failed to require an
individual to receive a COVID-19 vaccine.
Sec. 21.424. EFFECT ON OTHER LAW. This subchapter prevails
to the extent of a conflict between this subchapter and any other
law.
ARTICLE 2. PROHIBITED COVID-19 VACCINATION REQUIREMENTS
SECTION 2.01. 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 2.02. Section 38.001, Education Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) A student may not be required, as a condition of the
student's admission to or continued enrollment in any elementary or
secondary school, to receive a vaccine for the 2019 novel
coronavirus disease (COVID-19). An elementary or secondary school
is not liable for a claim arising from exposure to COVID-19 on the
basis that the school failed to require a student to receive a
COVID-19 vaccine.
SECTION 2.03. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.91921 to read as follows:
Sec. 51.91921. COVID-19 VACCINATION REQUIREMENT FOR
PRIVATE OR INDEPENDENT INSTITUTION OF HIGHER EDUCATION STUDENTS
PROHIBITED. (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 student may not be required, as a condition of the
student's admission to or continued enrollment in a private or
independent institution of higher education, to receive a COVID-19
vaccine.
(c) A private or independent institution of higher
education is not liable for a claim arising from exposure to
COVID-19 on the basis that the institution failed to require a
student to receive a COVID-19 vaccine.
SECTION 2.04. 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) A student may not be required, as a condition of the
student's admission to or continued enrollment in an institution of
higher education, to receive a vaccine for the 2019 novel
coronavirus disease (COVID-19). An institution of higher education
is not liable for a claim arising from exposure to COVID-19 on the
basis that the institution failed to require a student to receive a
COVID-19 vaccine.
SECTION 2.05. Section 81.023, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The department, in developing immunization requirements
under Subsection (c), may not require a child to receive a vaccine
for the 2019 novel coronavirus disease (COVID-19).
SECTION 2.06. Section 224.002, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) The policy may not require a covered individual to
receive a vaccine for the 2019 novel coronavirus disease
(COVID-19).
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.01. Each facility subject to Chapter 224, Health
and Safety Code, as amended by this Act, shall modify the facility's
vaccine-preventable disease policy to conform with the changes in
law made by this Act not later than January 1, 2024.
SECTION 3.02. Subchapter N, Chapter 544, Insurance Code, as
added by this Act, applies only to a health benefit plan or
insurance policy delivered, issued for delivery, or renewed on or
after January 1, 2024.
SECTION 3.03. 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 3.04. (a) The changes in law made by this Act to
Title 2, Education Code, apply beginning with the 2023-2024 school
year.
(b) The changes in law made by this Act to Title 3, Education
Code, apply beginning with the 2023-2024 academic year.
SECTION 3.05. 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 September 1, 2023.