| 1 | 1 | | 88R3247 SCL-D |
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| 2 | 2 | | By: Hall S.B. No. 302 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to employer civil liability for a vaccine requirement |
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| 8 | 8 | | imposed on the employer's employees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 100B to read as follows: |
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| 12 | 12 | | CHAPTER 100B. LIABILITY FOR VACCINE REQUIREMENTS |
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| 13 | 13 | | Sec. 100B.001. EMPLOYER LIABILITY FOR VACCINE |
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| 14 | 14 | | REQUIREMENTS. (a) Notwithstanding Section 408.001, Labor Code, |
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| 15 | 15 | | and except as provided by Subsection (b) of this section, an |
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| 16 | 16 | | employee or the employee's legal representative if the employee is |
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| 17 | 17 | | deceased or incapacitated may bring an action against the |
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| 18 | 18 | | employee's employer for damages arising from adverse health events |
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| 19 | 19 | | that are a result of the employer's vaccine requirement for |
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| 20 | 20 | | employees. |
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| 21 | 21 | | (b) This section does not apply to an employer that accepts |
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| 22 | 22 | | the following exemptions from the employer's vaccine requirement |
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| 23 | 23 | | for employees: |
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| 24 | 24 | | (1) the employee has reasons of conscience, including |
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| 25 | 25 | | a religious belief, that conflict with the employer's vaccine |
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| 26 | 26 | | requirement; and |
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| 27 | 27 | | (2) the vaccination is medically contraindicated |
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| 28 | 28 | | based on the opinion of a physician who has examined the employee. |
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| 29 | 29 | | (c) A court may award a claimant who prevails in an action |
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| 30 | 30 | | brought under this section reasonable attorney's fees and court |
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| 31 | 31 | | costs. |
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| 32 | 32 | | SECTION 2. Section 100B.001, Civil Practice and Remedies |
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| 33 | 33 | | Code, as added by this Act, applies only to a cause of action that |
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| 34 | 34 | | accrues on or after the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2023. |
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