88R3247 SCL-D
By: Hall S.B. No. 302
A BILL TO BE ENTITLED
AN ACT
relating to employer civil liability for a vaccine requirement
imposed on the employer's employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100B to read as follows:
CHAPTER 100B. LIABILITY FOR VACCINE REQUIREMENTS
Sec. 100B.001. EMPLOYER LIABILITY FOR VACCINE
REQUIREMENTS. (a) Notwithstanding Section 408.001, Labor Code,
and except as provided by Subsection (b) of this section, an
employee or the employee's legal representative if the employee is
deceased or incapacitated may bring an action against the
employee's employer for damages arising from adverse health events
that are a result of the employer's vaccine requirement for
employees.
(b) This section does not apply to an employer that accepts
the following exemptions from the employer's vaccine requirement
for employees:
(1) the employee has reasons of conscience, including
a religious belief, that conflict with the employer's vaccine
requirement; and
(2) the vaccination is medically contraindicated
based on the opinion of a physician who has examined the employee.
(c) A court may award a claimant who prevails in an action
brought under this section reasonable attorney's fees and court
costs.
SECTION 2. Section 100B.001, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
SECTION 3. 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.