Texas 2023 - 88th Regular

Texas Senate Bill SB1026 Compare Versions

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Version 2 (New)

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1	1	88R7214 MCF-D
2	2	By: Kolkhorst S.B. No. 1026
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited COVID-19 vaccine mandates and vaccination
8	8	status discrimination.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 161.0085, Health and Safety Code, is
11	11	amended by adding Subsection (b-1) and amending Subsection (e) to
12	12	read as follows:
13	13	(b-1) A governmental entity or court of law in this state
14	14	may not require an individual to provide any documentation
15	15	certifying the individual's COVID-19 vaccination or
16	16	post-transmission recovery:
17	17	(1) on entry to, to gain access to, or to receive a
18	18	service from the governmental entity or court of law; or
19	19	(2) as a condition for:
20	20	(A) service on a petit or grand jury; or
21	21	(B) appointment as counsel for an indigent
22	22	defendant.
23	23	(e) This section may not be construed to:
24	24	(1) restrict a business, governmental entity, or court
25	25	of law from implementing COVID-19 screening and infection control
26	26	protocols in accordance with state and federal law to protect
27	27	public health; or
28	28	(2) interfere with an individual's right to access the
29	29	individual's personal health information under federal law.
30	30	SECTION 2. Subchapter A, Chapter 161, Health and Safety
31	31	Code, is amended by adding Section 161.0086 to read as follows:
32	32	Sec. 161.0086. PROHIBITION ON POLITICAL SUBDIVISIONS
33	33	MANDATING COVID-19 VACCINATIONS. (a) In this section, "COVID-19"
34	34	means the 2019 novel coronavirus disease.
35	35	(b) Notwithstanding any other law, including Chapter 81 of
36	36	this code and Chapter 418, Government Code, a political subdivision
37	37	of this state may not issue an order, adopt an ordinance, or
38	38	otherwise require an individual to be vaccinated against COVID-19.
39	39	SECTION 3. Section 38.001(b), Education Code, as amended by
40	40	Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
41	41	Legislature, Regular Session, 2007, is reenacted and amended to
42	42	read as follows:
43	43	(b) Subject to Subsections (b-1), (b-2), and (c), the
44	44	executive commissioner of the Health and Human Services Commission
45	45	may modify or delete any of the immunizations in Subsection (a) or
46	46	may require immunizations against additional diseases as a
47	47	requirement for admission to any elementary or secondary school.
48	48	SECTION 4. Section 38.001, Education Code, is amended by
49	49	adding Subsection (b-2) to read as follows:
50	50	(b-2) An elementary or secondary school may not require a
51	51	student, as a condition of the student's admission to or continued
52	52	enrollment in the school, to be vaccinated against the 2019 novel
53	53	coronavirus disease (COVID-19).
54	54	SECTION 5. Subchapter Z, Chapter 51, Education Code, is
55	55	amended by adding Section 51.91921 to read as follows:
56	56	Sec. 51.91921. PROHIBITION ON PRIVATE OR INDEPENDENT
57	57	INSTITUTIONS OF HIGHER EDUCATION MANDATING COVID-19 VACCINATION
58	58	FOR STUDENTS. (a) In this section:
59	59	(1) "COVID-19" means the 2019 novel coronavirus
60	60	disease.
61	61	(2) "Private or independent institution of higher
62	62	education" has the meaning assigned by Section 61.003.
63	63	(b) A private or independent institution of higher
64	64	education may not require a student, as a condition of the student's
65	65	admission to or continued enrollment in the institution, to be
66	66	vaccinated against COVID-19.
67	67	SECTION 6. Section 51.933, Education Code, is amended by
68	68	amending Subsection (b) and adding Subsection (b-2) to read as
69	69	follows:
70	70	(b) Except as provided by Subsection (b-2), the [The]
71	71	executive commissioner of the Health and Human Services Commission
72	72	may require immunizations against the diseases listed in Subsection
73	73	(a) and additional diseases for students at any institution of
74	74	higher education who are pursuing a course of study in a human or
75	75	animal health profession, and the executive commissioner may
76	76	require those immunizations for any students in times of an
77	77	emergency or epidemic in a county where the commissioner of state
78	78	health services has declared such an emergency or epidemic.
79	79	(b-2) An institution of higher education may not require a
80	80	student, as a condition of the student's admission to or continued
81	81	enrollment in the institution, to be vaccinated against the 2019
82	82	novel coronavirus disease (COVID-19).
83	83	SECTION 7. Chapter 21, Labor Code, is amended by adding
84	84	Subchapter H-1 to read as follows:
85	85	SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION
86	86	STATUS
87	87	Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
88	88	means the 2019 novel coronavirus disease.
89	89	Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19
90	90	VACCINATION STATUS. (a) An employer commits an unlawful employment
91	91	practice if the employer fails or refuses to hire, discharges, or
92	92	otherwise discriminates against an individual with respect to the
93	93	compensation or the terms, conditions, or privileges of employment
94	94	because the individual has not been vaccinated against COVID-19.
95	95	(b) A labor organization commits an unlawful employment
96	96	practice if the labor organization excludes or expels from
97	97	membership or otherwise discriminates against an individual
98	98	because the individual has not been vaccinated against COVID-19.
99	99	(c) An employment agency commits an unlawful employment
100	100	practice if the employment agency classifies or refers for
101	101	employment, fails or refuses to refer for employment, or otherwise
102	102	discriminates against an individual because the individual has not
103	103	been vaccinated against COVID-19.
104	104	SECTION 8. Subchapter H-1, Chapter 21, Labor Code, as added
105	105	by this Act, applies only to an unlawful employment practice that
106	106	occurs on or after the effective date of this Act.
107	107	SECTION 9. (a) The changes in law made by this Act to Title
108	108	2, Education Code, apply beginning with the 2023-2024 school year.
109	109	(b) The changes in law made by this Act to Title 3, Education
110	110	Code, apply beginning with the 2023-2024 academic year.
111	111	SECTION 10. This Act takes effect immediately if it
112	112	receives a vote of two-thirds of all the members elected to each
113	113	house, as provided by Section 39, Article III, Texas Constitution.
114	114	If this Act does not receive the vote necessary for immediate
115	115	effect, this Act takes effect September 1, 2023.