Texas 2023 - 88th Regular

Texas Senate Bill SB1024 Compare Versions

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1	1	By: Kolkhorst, Middleton S.B. No. 1024
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to preventative health care and public health, including
7	7	prohibited immunization and face-covering requirements and private
8	8	business or school closures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 38.001, Education Code, is amended by
11	11	amending Subsections (a) and (b-1) and adding Subsection (b-2) to
12	12	read as follows:
13	13	(a) Except as provided by Subsection (c), each [Each]
14	14	student shall be fully immunized against the diseases listed in
15	15	Section 161.004, Health and Safety Code [diphtheria, rubeola,
16	16	rubella, mumps, tetanus, and poliomyelitis, except as provided by
17	17	Subsection (c)].
18	18	(b-1) Each year, the Department of State Health Services
19	19	shall prepare a list of the immunizations required [under this
20	20	section] for admission to public schools [and of any additional
21	21	immunizations the department recommends for school-age children].
22	22	The department shall prepare the list in English and Spanish and
23	23	make the list available in a manner that permits a school district
24	24	to easily post the list on the district's Internet website as
25	25	required by Section 38.019.
26	26	(b-2) An elementary or secondary school may not require a
27	27	student, as a condition of the student's admission to or continued
28	28	enrollment in the school, to be vaccinated against the 2019 novel
29	29	coronavirus disease (COVID-19).
30	30	SECTION 2. Section 38.019(a), Education Code, is amended to
31	31	read as follows:
32	32	(a) A school district that maintains an Internet website
33	33	shall post prominently on the website:
34	34	(1) a list, in English and Spanish, of:
35	35	(A) the immunizations required for admission to
36	36	public school in accordance with [by rules of the Department of
37	37	State Health Services adopted under] Section 38.001; and
38	38	(B) [any immunizations or vaccines recommended
39	39	for public school students by the Department of State Health
40	40	Services; and
41	41	[(C)] health clinics in the district that offer
42	42	the influenza vaccine, to the extent those clinics are known to the
43	43	district; and
44	44	(2) a link to the page on the Department of State
45	45	Health Services Internet website that provides [where a person may
46	46	obtain] information relating to the procedures for claiming an
47	47	exemption from the immunization requirements of Section 38.001.
48	48	SECTION 3. Subchapter Z, Chapter 51, Education Code, is
49	49	amended by adding Section 51.91921 to read as follows:
50	50	Sec. 51.91921. PROHIBITION ON PRIVATE OR INDEPENDENT
51	51	INSTITUTIONS OF HIGHER EDUCATION MANDATING COVID-19 VACCINATION
52	52	FOR STUDENTS. (a) In this section:
53	53	(1) "COVID-19" means the 2019 novel coronavirus
54	54	disease, including any variant.
55	55	(2) "Private or independent institution of higher
56	56	education" has the meaning assigned by Section 61.003.
57	57	(b) A private or independent institution of higher
58	58	education may not require a student, as a condition of the student's
59	59	admission to or continued enrollment in the institution, to be
60	60	vaccinated against COVID-19.
61	61	SECTION 4. Section 51.933, Education Code, is amended by
62	62	amending Subsections (b) and (b-1) and adding Subsection (b-2) to
63	63	read as follows:
64	64	(b) The executive commissioner of the Health and Human
65	65	Services Commission may require a student at an institution of
66	66	higher education who is pursuing a course of study in a human or
67	67	animal health profession to be immunized [immunizations] against
68	68	the diseases listed in Subsection (a) and against hepatitis B,
69	69	measles, rabies, and varicella, as applicable. The [additional
70	70	diseases for students at any institution of higher education who
71	71	are pursuing a course of study in a human or animal health
72	72	profession, and the] executive commissioner may require those
73	73	immunizations for any students in times of an emergency or epidemic
74	74	in a county where the commissioner of state health services has
75	75	declared such an emergency or epidemic.
76	76	(b-1) A requirement [rule adopted] under Subsection (b) for
77	77	[that requires] a student to be immunized against hepatitis B
78	78	[vaccination for students] may apply only to students enrolled in a
79	79	course of study that involves potential exposure to human or animal
80	80	blood or bodily fluids.
81	81	(b-2) An institution of higher education may not require a
82	82	student, as a condition of the student's admission to or continued
83	83	enrollment in the institution, to be vaccinated against COVID-19 as
84	84	defined by Section 51.91921.
85	85	SECTION 5. Sections 81.023(a) and (c), Health and Safety
86	86	Code, are amended to read as follows:
87	87	(a) The executive commissioner may recommend to the
88	88	legislature immunizations to include on the list of immunizations
89	89	required [department shall develop immunization requirements] for
90	90	children under Section 161.004.
91	91	(c) The department shall cooperate with the State Board of
92	92	Education in [formulating and] implementing immunization
93	93	requirements for students admitted to public or private primary or
94	94	secondary schools.
95	95	SECTION 6. Subtitle D, Title 2, Health and Safety Code, is
96	96	amended by adding Chapter 81B to read as follows:
97	97	CHAPTER 81B. PROHIBITED CORONAVIRUS PREVENTATIVE MEASURES
98	98	Sec. 81B.001. DEFINITIONS. In this chapter:
99	99	(1) "COVID-19" means the 2019 novel coronavirus
100	100	disease and any variants of the disease.
101	101	(2) "Governmental entity" means this state, a local
102	102	government entity as defined by Section 418.004, Government Code,
103	103	or an agency of this state or a local government entity.
104	104	Sec. 81B.002. PROHIBITED FACE-COVERING MANDATE.
105	105	Notwithstanding any other law, including Chapter 81 of this code
106	106	and Chapter 418, Government Code, a governmental entity may not
107	107	implement, order, or otherwise impose a mandate requiring a person
108	108	to wear a face mask or other face covering to prevent the spread of
109	109	COVID-19.
110	110	Sec. 81B.003. PROHIBITED VACCINE MANDATE. Notwithstanding
111	111	any other law, including Chapter 81 of this code and Chapter 418,
112	112	Government Code, a governmental entity may not implement, order, or
113	113	otherwise impose a mandate requiring a person to be vaccinated
114	114	against COVID-19.
115	115	Sec. 81B.004. PROHIBITED CLOSURE MANDATE FOR PRIVATE
116	116	BUSINESSES AND SCHOOLS. Notwithstanding any other law, including
117	117	Chapter 81 of this code and Chapter 418, Government Code, a
118	118	governmental entity may not implement, order, or otherwise impose a
119	119	mandate requiring the closure of a private business, public school,
120	120	open-enrollment charter school, or private school to prevent the
121	121	spread of COVID-19.
122	122	SECTION 7. Section 161.004(a), Health and Safety Code, is
123	123	amended to read as follows:
124	124	(a) Every child in the state shall be immunized against
125	125	diphtheria, hepatitis A, hepatitis B, measles, meningococcal
126	126	disease, mumps, pertussis, polio, rubella, tetanus, and varicella
127	127	[vaccine preventable diseases caused by infectious agents] in
128	128	accordance with the [immunization] schedule prescribed [adopted]
129	129	in department rules. The executive commissioner may not require
130	130	immunizations against any additional diseases for students
131	131	admitted to a public or private primary or secondary school.
132	132	SECTION 8. Subtitle H, Title 2, Health and Safety Code, is
133	133	amended by adding Chapter 174 to read as follows:
134	134	CHAPTER 174. PATIENT RIGHTS
135	135	Sec. 174.001. DEFINITIONS. In this chapter:
136	136	(1) "COVID-19" has the meaning assigned by Section
137	137	81B.001.
138	138	(2) "Health care facility" means a hospital,
139	139	freestanding emergency medical care facility, urgent care or retail
140	140	clinic, outpatient clinic, birthing center, ambulatory surgical
141	141	center, or other facility that is licensed to provide health care
142	142	services in this state.
143	143	Sec. 174.002. PROHIBITED DISCRIMINATION BASED ON COVID-19
144	144	VACCINATION STATUS. (a) Except as provided by Subsection (b), a
145	145	health care facility may not refuse to provide health care services
146	146	to an individual based on the individual's vaccination status or
147	147	post-transmission recovery of COVID-19.
148	148	(b) The prohibition under Subsection (a) does not apply to a
149	149	hospital that requires a COVID-19 vaccination in relation to
150	150	oncology or transplant care.
151	151	Sec. 174.003. MEDICAID REIMBURSEMENT PROHIBITED. (a) The
152	152	commission:
153	153	(1) may not provide Medicaid reimbursement to a health
154	154	care facility that violates this chapter; and
155	155	(2) shall disenroll the facility from participation as
156	156	a Medicaid provider.
157	157	(b) The executive commissioner may adopt rules as necessary
158	158	to implement this section.
159	159	SECTION 9. Chapter 21, Labor Code, is amended by adding
160	160	Subchapter H-1 to read as follows:
161	161	SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION
162	162	STATUS
163	163	Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
164	164	has the meaning assigned by Section 81B.001, Health and Safety
165	165	Code.
166	166	Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19
167	167	VACCINATION STATUS. (a) Except as provided by Subsection (d), an
168	168	employer commits an unlawful employment practice if the employer
169	169	fails or refuses to hire, discharges, or otherwise discriminates
170	170	against an individual with respect to the compensation or the
171	171	terms, conditions, or privileges of employment because the
172	172	individual has not been vaccinated against COVID-19.
173	173	(b) A labor organization commits an unlawful employment
174	174	practice if the labor organization excludes or expels from
175	175	membership or otherwise discriminates against an individual
176	176	because the individual has not been vaccinated against COVID-19.
177	177	(c) An employment agency commits an unlawful employment
178	178	practice if the employment agency classifies or refers for
179	179	employment, fails or refuses to refer for employment, or otherwise
180	180	discriminates against an individual because the individual has not
181	181	been vaccinated against COVID-19.
182	182	(d) This section does not apply to:
183	183	(1) a health care facility, as defined by Section
184	184	224.001, Health and Safety Code, that:
185	185	(A) implements a policy or procedure to exempt
186	186	from a required vaccination an individual described by this section
187	187	who has a medical condition identified as a contraindication or
188	188	precaution to the vaccination by the Centers for Disease Control
189	189	and Prevention;
190	190	(B) establishes procedures that an exempt
191	191	individual is required to follow to protect facility patients from
192	192	exposure to disease, including the use of gloves, face masks, or
193	193	other protective medical equipment, based on the level of risk the
194	194	individual presents to patients by the individual's routine and
195	195	direct exposure to patients; and
196	196	(C) prohibits discrimination or retaliatory
197	197	action against an exempt individual, except that the required use
198	198	of protective medical equipment under Paragraph (B) is not
199	199	considered a retaliatory action for purposes of this paragraph; or
200	200	(2) a private employer that:
201	201	(A) implements a policy or procedure to exempt
202	202	from a required vaccination an individual described by this section
203	203	based on reasons of conscience or because the individual has a
204	204	medical condition identified as a contraindication or precaution to
205	205	the vaccination by the Centers for Disease Control and Prevention;
206	206	(B) establishes procedures that an exempt
207	207	individual is required to follow to protect employees and other
208	208	individuals from exposure to disease, including the use of gloves,
209	209	face masks, or other protective medical equipment, based on the
210	210	level of risk the individual presents to employees and other
211	211	individuals by the individual's routine and direct exposure to
212	212	employees and other individuals; and
213	213	(C) prohibits discrimination or retaliatory
214	214	action against an exempt individual, except that the required use
215	215	of protective medical equipment under Paragraph (B) is not
216	216	considered a retaliatory action for purposes of this paragraph.
217	217	SECTION 10. Section 38.001(b), Education Code, as amended
218	218	by Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
219	219	Legislature, Regular Session, 2007, is repealed.
220	220	SECTION 11. (a) The changes in law made by this Act to
221	221	Title 2, Education Code, apply beginning with the 2023-2024 school
222	222	year.
223	223	(b) The changes in law made by this Act to Title 3, Education
224	224	Code, apply beginning with the 2023-2024 academic year.
225	225	SECTION 12. Subchapter H-1, Chapter 21, Labor Code, as
226	226	added by this Act, applies only to an unlawful employment practice
227	227	that occurs on or after the effective date of this Act.
228	228	SECTION 13. If before implementing any provision of this
229	229	Act a state agency determines that a waiver or authorization from a
230	230	federal agency is necessary for implementation of that provision,
231	231	the agency affected by the provision shall request the waiver or
232	232	authorization and may delay implementing that provision until the
233	233	waiver or authorization is granted.
234	234	SECTION 14. This Act takes effect immediately if it
235	235	receives a vote of two-thirds of all the members elected to each
236	236	house, as provided by Section 39, Article III, Texas Constitution.
237	237	If this Act does not receive the vote necessary for immediate
238	238	effect, this Act takes effect September 1, 2023.