| 1 | 1 | | 88R9373 MCF-D |
|---|
| 2 | 2 | | By: Leach H.B. No. 3475 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to exemptions from COVID-19 vaccine requirements and |
|---|
| 8 | 8 | | vaccination status discrimination. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 161, Health and Safety |
|---|
| 11 | 11 | | Code, is amended by adding Section 161.0086 to read as follows: |
|---|
| 12 | 12 | | Sec. 161.0086. EXEMPTIONS FROM COVID-19 VACCINE |
|---|
| 13 | 13 | | REQUIREMENTS. (a) In this section: |
|---|
| 14 | 14 | | (1) "COVID-19" means the 2019 novel coronavirus |
|---|
| 15 | 15 | | disease. |
|---|
| 16 | 16 | | (2) "Employer," "employment agency," and "labor |
|---|
| 17 | 17 | | organization" have the meanings assigned by Section 21.002, Labor |
|---|
| 18 | 18 | | Code. |
|---|
| 19 | 19 | | (b) This section does not apply to a health care entity that |
|---|
| 20 | 20 | | provides care to an individual who: |
|---|
| 21 | 21 | | (1) is immunocompromised; |
|---|
| 22 | 22 | | (2) is medically fragile; or |
|---|
| 23 | 23 | | (3) provides care to individuals who are not eligible |
|---|
| 24 | 24 | | to be vaccinated against COVID-19. |
|---|
| 25 | 25 | | (c) Notwithstanding any other law, a law, policy, or other |
|---|
| 26 | 26 | | measure requiring an individual in this state to be vaccinated |
|---|
| 27 | 27 | | against COVID-19 to enter or gain access to, receive a service from, |
|---|
| 28 | 28 | | or be employed by an establishment must allow the individual to |
|---|
| 29 | 29 | | claim an exemption from the vaccination requirement based on: |
|---|
| 30 | 30 | | (1) the individual's acquired immunity against |
|---|
| 31 | 31 | | COVID-19 through post-transmission recovery; |
|---|
| 32 | 32 | | (2) a medical condition; or |
|---|
| 33 | 33 | | (3) reasons of conscience, including a religious |
|---|
| 34 | 34 | | belief. |
|---|
| 35 | 35 | | (d) An establishment that fails to comply with Subsection |
|---|
| 36 | 36 | | (c) is not eligible to receive a grant or enter into a contract |
|---|
| 37 | 37 | | payable with state money. |
|---|
| 38 | 38 | | (e) An employer commits an unlawful employment practice for |
|---|
| 39 | 39 | | purposes of Chapter 21, Labor Code, if the employer fails or refuses |
|---|
| 40 | 40 | | to hire, discharges, or otherwise discriminates against an |
|---|
| 41 | 41 | | individual with respect to the compensation or the terms, |
|---|
| 42 | 42 | | conditions, or privileges of employment because the individual |
|---|
| 43 | 43 | | claims an exemption described by Subsection (c) and is subject to |
|---|
| 44 | 44 | | enforcement in the manner provided by Subchapter F of that chapter. |
|---|
| 45 | 45 | | (f) A labor organization commits an unlawful employment |
|---|
| 46 | 46 | | practice for purposes of Chapter 21, Labor Code, if the labor |
|---|
| 47 | 47 | | organization excludes or expels from membership or otherwise |
|---|
| 48 | 48 | | discriminates against an individual because the individual claims |
|---|
| 49 | 49 | | an exemption described by Subsection (c) and is subject to |
|---|
| 50 | 50 | | enforcement in the manner provided by Subchapter F of that chapter. |
|---|
| 51 | 51 | | (g) An employment agency commits an unlawful employment |
|---|
| 52 | 52 | | practice for purposes of Chapter 21, Labor Code, if the employment |
|---|
| 53 | 53 | | agency classifies or refers for employment, fails or refuses to |
|---|
| 54 | 54 | | refer for employment, or otherwise discriminates against an |
|---|
| 55 | 55 | | individual because the individual claims an exemption described by |
|---|
| 56 | 56 | | Subsection (c) and is subject to enforcement in the manner provided |
|---|
| 57 | 57 | | by Subchapter F of that chapter. |
|---|
| 58 | 58 | | SECTION 2. Section 161.0086, Health and Safety Code, as |
|---|
| 59 | 59 | | added by this Act, applies only to conduct or an unlawful employment |
|---|
| 60 | 60 | | practice that occurs on or after the effective date of this Act. |
|---|
| 61 | 61 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 65 | 65 | | Act takes effect September 1, 2023. |
|---|