88R7214 MCF-D
By: Kolkhorst S.B. No. 1026
A BILL TO BE ENTITLED
AN ACT
relating to prohibited COVID-19 vaccine mandates and vaccination
status discrimination.
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 or court of law in this state
may not require an individual to provide any documentation
certifying the individual's COVID-19 vaccination or
post-transmission recovery:
(1) on entry to, to gain access to, or to receive a
service from the governmental entity or court of law; or
(2) as a condition for:
(A) service on a petit or grand jury; or
(B) appointment as counsel for an indigent
defendant.
(e) This section may not be construed to:
(1) restrict a business, governmental entity, or court
of law 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 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 been vaccinated against COVID-19.
(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 been vaccinated against COVID-19.
(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
been vaccinated against COVID-19.
SECTION 8. 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 9. (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 10. 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.