88R9373 MCF-D
By: Leach H.B. No. 3475
A BILL TO BE ENTITLED
AN ACT
relating to exemptions from COVID-19 vaccine requirements and
vaccination status discrimination.
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 161.0086 to read as follows:
Sec. 161.0086. EXEMPTIONS FROM COVID-19 VACCINE
REQUIREMENTS. (a) In this section:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Employer," "employment agency," and "labor
organization" have the meanings assigned by Section 21.002, Labor
Code.
(b) This section does not apply to a health care entity that
provides care to an individual who:
(1) is immunocompromised;
(2) is medically fragile; or
(3) provides care to individuals who are not eligible
to be vaccinated against COVID-19.
(c) Notwithstanding any other law, a law, policy, or other
measure requiring an individual in this state to be vaccinated
against COVID-19 to enter or gain access to, receive a service from,
or be employed by an establishment must allow the individual to
claim an exemption from the vaccination requirement based on:
(1) the individual's acquired immunity against
COVID-19 through post-transmission recovery;
(2) a medical condition; or
(3) reasons of conscience, including a religious
belief.
(d) An establishment that fails to comply with Subsection
(c) is not eligible to receive a grant or enter into a contract
payable with state money.
(e) An employer commits an unlawful employment practice for
purposes of Chapter 21, Labor Code, 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 Subsection (c) and is subject to
enforcement in the manner provided by Subchapter F of that chapter.
(f) A labor organization commits an unlawful employment
practice for purposes of Chapter 21, Labor Code, if the labor
organization excludes or expels from membership or otherwise
discriminates against an individual because the individual claims
an exemption described by Subsection (c) and is subject to
enforcement in the manner provided by Subchapter F of that chapter.
(g) An employment agency commits an unlawful employment
practice for purposes of Chapter 21, Labor Code, 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
Subsection (c) and is subject to enforcement in the manner provided
by Subchapter F of that chapter.
SECTION 2. Section 161.0086, Health and Safety Code, as
added by this Act, applies only to conduct or an unlawful employment
practice that occurs on or after the effective date of this Act.
SECTION 3. 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.