88R1036 MCF-F
By: Hall S.B. No. 304
A BILL TO BE ENTITLED
AN ACT
relating to prohibited immunization status discrimination and
vaccine mandates; authorizing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROHIBITED IMMUNIZATION STATUS DISCRIMINATION
SECTION 1.01. Subtitle C, Title 5, Business & Commerce
Code, is amended by adding Chapter 122 to read as follows:
CHAPTER 122. PROHIBITED IMMUNIZATION STATUS DISCRIMINATION
Sec. 122.001. DEFINITION. In this chapter, "public
accommodation" means a disposition, service, financial aid, or
benefit provided to members of the public.
Sec. 122.002. DISCRIMINATION PROHIBITED. A person may not
discriminate against or refuse to provide a public accommodation to
an individual based on the individual's vaccination history or
immunity status for a communicable disease by:
(1) providing to the individual a public accommodation
that is different or provided in a different manner than the
accommodation provided or manner of providing the accommodation to
other members of the public;
(2) subjecting the individual to segregation or
separate treatment in any matter related to providing the public
accommodation to the individual;
(3) restricting in any way the individual's enjoyment
of a public accommodation in a manner that distinguishes the
individual's enjoyment from the enjoyment of other members of the
public;
(4) treating the individual differently from other
members of the public in determining whether the individual
satisfies any admission, enrollment, quota, eligibility,
membership, or other requirement or condition that individuals must
satisfy before a public accommodation is provided; or
(5) denying the individual an opportunity to
participate in a program in a manner that differs from the manner
the opportunity is provided to other members of the public.
Sec. 122.003. COMPLAINT; EQUITABLE RELIEF. (a) A person may
file a complaint with the attorney general if the person asserts
facts supporting an allegation that another person has violated
Section 122.002. The person filing the complaint must include a
sworn affidavit stating that to the person's knowledge, all of the
facts asserted in the complaint are true and correct.
(b) If the attorney general determines a complaint filed
under Subsection (a) is valid, the attorney general may file a
petition for a writ of mandamus or apply for other appropriate
equitable relief in a district court in Travis County or in a county
in which the person against whom relief is sought resides to compel
the person to comply with Section 122.002.
Sec. 122.004. EFFECT ON OTHER LAW. This chapter prevails to
the extent of a conflict between this chapter and any other law.
SECTION 1.02. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Sections 161.0057 and 161.0086 to read as
follows:
Sec. 161.0057. PROHIBITED IMMUNIZATION DISCRIMINATION BY
LONG-TERM CARE FACILITIES. (a) In this section, "long-term care
facility" means a facility licensed or regulated under Chapter 242,
247, or 252.
(b) A long-term care facility may not refuse to provide
services to a resident based on the resident's vaccination history
or immunity status for a communicable disease.
(c) A long-term care facility that violates this section is
ineligible to receive state money for services provided to
residents.
(d) A violation of this section is a violation of the
long-term care facility's applicable licensing law and subjects the
facility to disciplinary action and the imposition of
administrative penalties under that law.
(e) This section prevails to the extent of a conflict
between this section and any other law.
Sec. 161.0086. PROHIBITED IMMUNIZATION DISCRIMINATION.
(a) A health care provider or health care facility may not refuse to
provide a health care service to a patient based on a patient's
vaccination history or immunity status for a communicable disease.
(b) A health care facility providing clinical experience to
satisfy a student's degree requirements may not discriminate
against a student or prohibit admission, enrollment, or employment
as a student, intern, or resident based on the student's
vaccination history or immunity status for a communicable disease.
(c) Notwithstanding any other law, a health care provider or
health care facility that violates this section is ineligible to
receive state money for health care services provided to patients.
(d) A violation of this section is a violation of the health
care provider's or health care facility's applicable licensing law
and subjects the provider or facility to disciplinary action and
the imposition of administrative penalties under that law.
(e) This section prevails to the extent of a conflict
between this section and any other law.
SECTION 1.03. Chapter 544, Insurance Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. IMMUNIZATION STATUS
Sec. 544.701. DEFINITIONS. In this subchapter:
(1) "Health benefit plan issuer" means an issuer,
administrator, or sponsor of a health benefit plan described by
Section 544.702.
(2) "Participating provider" means a health care
provider who has contracted with a health benefit plan issuer to
provide services to enrollees.
Sec. 544.702. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter applies only to a health benefit plan that provides
benefits for medical or surgical expenses incurred as a result of a
health condition, accident, or sickness, including a group,
blanket, or franchise insurance policy or insurance agreement, a
group hospital service contract, or a group evidence of coverage or
similar coverage document that is offered by:
(1) an insurance company;
(2) a group hospital service corporation operating
under Chapter 842;
(3) a health maintenance organization operating under
Chapter 843;
(4) an approved nonprofit health corporation that
holds a certificate of authority under Chapter 844;
(5) a multiple employer welfare arrangement that holds
a certificate of authority under Chapter 846;
(6) a stipulated premium company operating under
Chapter 884;
(7) a fraternal benefit society operating under
Chapter 885;
(8) a Lloyd's plan operating under Chapter 941; or
(9) an exchange operating under Chapter 942.
(b) Notwithstanding any other law, this subchapter applies
to:
(1) a small employer health benefit plan subject to
Chapter 1501, including coverage provided through a health group
cooperative under Subchapter B of that chapter;
(2) a standard health benefit plan issued under
Chapter 1507;
(3) a basic coverage plan under Chapter 1551;
(4) a basic plan under Chapter 1575;
(5) a primary care coverage plan under Chapter 1579;
(6) a plan providing basic coverage under Chapter
1601;
(7) health benefits provided by or through a church
benefits board under Subchapter I, Chapter 22, Business
Organizations Code;
(8) the state Medicaid program, including the Medicaid
managed care program operated under Chapter 533, Government Code;
(9) the child health plan program under Chapter 62,
Health and Safety Code;
(10) a regional or local health care program operated
under Section 75.104, Health and Safety Code;
(11) a self-funded health benefit plan sponsored by a
professional employer organization under Chapter 91, Labor Code;
(12) county employee group health benefits provided
under Chapter 157, Local Government Code; and
(13) health and accident coverage provided by a risk
pool created under Chapter 172, Local Government Code.
(c) This subchapter applies to a life insurance company
that:
(1) issues or delivers a life insurance policy in this
state; or
(2) is organized under the laws of this state.
Sec. 544.703. PROHIBITED DISCRIMINATION AGAINST
INDIVIDUAL. A group health benefit plan issuer or a life insurance
company may not use an individual's vaccination history or immunity
status for a communicable disease to:
(1) reject, deny, limit, cancel, refuse to renew, or
increase the premiums for coverage of the individual under a plan
offered by the issuer or company;
(2) limit the amount, extent, or kind of coverage
available to the individual; or
(3) otherwise adversely affect the individual's
eligibility for coverage.
Sec. 544.704. PROHIBITED DISCRIMINATION IN GROUP PLAN
RATING. The vaccination history or immunity status for a
communicable disease of individuals covered under a group health
benefit plan that provides coverage in this state may not be used as
a factor in the rating of the plan.
Sec. 544.705. PROHIBITED DISCRIMINATION AGAINST
PARTICIPATING PROVIDER. (a) A health benefit plan issuer may not
use the vaccination history or immunity status for a communicable
disease of a health care provider's patients as a qualification or
requirement for contracting with the provider or as a basis for
terminating a contract with the provider.
(b) A health benefit plan issuer may not use the vaccination
history or immunity status for a communicable disease of enrollees
as a factor in providing a financial incentive or assessing a
financial or other penalty against a participating provider.
Sec. 544.706. EFFECT ON OTHER LAW. This subchapter
prevails to the extent of a conflict between this subchapter and any
other law.
SECTION 1.04. Chapter 21, Labor Code, is amended by adding
Subchapter H-1 to read as follows:
SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION STATUS
Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON
IMMUNIZATION 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 based on the individual's vaccination history or
immunity status for a communicable disease.
(b) A labor organization commits an unlawful employment
practice if the labor organization excludes or expels from
membership or otherwise discriminates against an individual based
on the individual's vaccination history or immunity status for a
communicable disease.
(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 based on the individual's
vaccination history or immunity status for a communicable disease.
(d) An employer, labor organization, or employment agency
commits an unlawful employment practice if the employer, labor
organization, or employment agency limits, segregates, or
classifies an employee, member, or applicant for employment or
membership in a way that would deprive or tend to deprive the
employee, member, or applicant of employment opportunities or
otherwise adversely affect the status of the employee, member, or
applicant based on the employee's, member's, or applicant's
vaccination history or immunity status for a communicable disease.
Sec. 21.422. EFFECT ON OTHER LAW. This subchapter prevails
to the extent of a conflict between this subchapter and any other
law.
SECTION 1.05. Title 2, Occupations Code, is amended by
adding Chapter 60 to read as follows:
CHAPTER 60. IMMUNIZATION DISCRIMINATION
Sec. 60.001. PROHIBITED IMMUNIZATION DISCRIMINATION. A
licensing authority may not deny an application for an occupational
license, suspend, revoke, or refuse to renew an occupational
license, or take any other disciplinary action against an
individual based on:
(1) the individual's vaccination history or immunity
status for a communicable disease; or
(2) the individual's refusal to be vaccinated or
participate in administering a vaccine.
Sec. 60.002. EFFECT ON OTHER LAW. This chapter prevails to
the extent of a conflict between this chapter and any other law.
SECTION 1.06. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 103A to read as follows:
CHAPTER 103A. RIGHT TO OBJECT TO VACCINATIONS; PROHIBITED
IMMUNIZATION DISCRIMINATION
Sec. 103A.001. RIGHT TO OBJECT. A hospital or other health
care facility may not require as a condition of employment that an
employee, including a physician, nurse, or staff member:
(1) be vaccinated; or
(2) participate in administering a vaccine.
Sec. 103A.002. PROHIBITED IMMUNIZATION DISCRIMINATION.
(a) A hospital or other health care facility may not discriminate
against an employee, including a physician, nurse, or staff member,
or an applicant who:
(1) refuses to:
(A) be vaccinated; or
(B) participate in administering a vaccine; or
(2) is not immune to a communicable disease.
(b) An educational institution may not discriminate against
an applicant for admission or employment as a student, intern, or
resident based on:
(1) the applicant's vaccination history or immunity
status for a communicable disease; or
(2) the applicant's refusal to be vaccinated or
participate in administering a vaccine.
Sec. 103A.003. REMEDIES. A person aggrieved by a violation
of this chapter may bring an action against a hospital, other health
care facility, or educational institution that administers a
hospital or other health care facility in a district court in the
county where the hospital, facility, or institution is located for:
(1) an injunction against any further violation;
(2) appropriate equitable relief, including:
(A) admission or reinstatement of employment;
and
(B) back pay and 10 percent interest on the back
pay; and
(3) any other relief necessary to ensure compliance
with this chapter.
Sec. 103A.004. EFFECT ON OTHER LAW. This chapter prevails
to the extent of a conflict between this chapter and any other law.
SECTION 1.07. Subchapter A, Chapter 521, Transportation
Code, is amended by adding Section 521.015 to read as follows:
Sec. 521.015. PROHIBITED IMMUNIZATION DISCRIMINATION. (a)
The department may not use an individual's vaccination history or
immunity status for a communicable disease as a requirement for the
issuance or renewal of a driver's license, election identification
certificate, or personal identification certificate.
(b) The department may not discriminate against, deny
services or access to, or otherwise penalize any individual based
on the individual's vaccination history or immunity status or
refusal to provide proof of vaccination or immunity to a
communicable disease.
(c) This section prevails to the extent of a conflict
between this section and any other law.
ARTICLE 2. PROHIBITED VACCINATION MANDATES
SECTION 2.01. Section 25.002(a), Education Code, is amended
to read as follows:
(a) If a parent or other person with legal control of a child
under a court order enrolls the child in a public school, the parent
or other person or the school district in which the child most
recently attended school shall furnish to the school district:
(1) the child's birth certificate or another document
suitable as proof of the child's identity; and
(2) a copy of the child's records from the school the
child most recently attended if the child has been previously
enrolled in a school in this state or another state[; and
[(3) a record showing that the child has the
immunizations as required under Section 38.001, in the case of a
child required under that section to be immunized, proof as
required by that section showing that the child is not required to
be immunized, or proof that the child is entitled to provisional
admission under that section and under rules adopted under that
section].
SECTION 2.02. The heading to Section 38.001, Education
Code, is amended to read as follows:
Sec. 38.001. RECOMMENDED IMMUNIZATIONS AND VACCINES
[IMMUNIZATION; REQUIREMENTS; EXCEPTIONS].
SECTION 2.03. Section 38.001(b-1), Education Code, is
amended to read as follows:
(b-1) Each year, the Department of State Health Services
shall prepare a list of the immunizations and vaccines [required
under this section for admission to public schools and of any
additional immunizations] the department recommends for school-age
children. The department shall prepare the list in English and
Spanish and make the list available in a manner that permits a
school district to easily post the list on the district's Internet
website as required by Section 38.019. A school district or a
school, including a private school, may not require any
immunization or vaccine as a condition of admission to or
attendance at an elementary or secondary school.
SECTION 2.04. Sections 38.019(a) and (b), Education Code,
are amended to read as follows:
(a) A school district that maintains an Internet website
shall post prominently on the website[:
[(1)] a list, in English and Spanish, of:
(1) [(A) the immunizations required for admission to
public school by rules of the Department of State Health Services
adopted under Section 38.001;
[(B)] any immunizations or vaccines recommended
for public school students by the Department of State Health
Services; and
(2) [(C)] health clinics in the district that offer
the influenza vaccine, to the extent those clinics are known to the
district[; and
[(2) a link to the Department of State Health Services
Internet website where a person may obtain information relating to
the procedures for claiming an exemption from the immunization
requirements of Section 38.001].
(b) The list of recommended immunizations or vaccines under
Subsection (a)(1) [(a)(2)] must include the influenza vaccine[,
unless the Department of State Health Services requires the
influenza vaccine for admission to public school].
SECTION 2.05. The heading to Section 51.933, Education
Code, is amended to read as follows:
Sec. 51.933. IMMUNIZATION INFORMATION [REQUIREMENTS;
EXCEPTION].
SECTION 2.06. Section 51.933(a), Education Code, is amended
to read as follows:
(a) An institution of higher education may not require
students or applicants for admission to be immunized against any
communicable disease [diphtheria, rubeola, rubella, mumps,
tetanus, and poliomyelitis, except as provided in Subsection (d)].
SECTION 2.07. Section 264.1076(d), Family Code, is amended
to read as follows:
(d) A physician or other health care provider conducting an
examination under Subsection (b) may not administer a vaccination
as part of the examination without parental consent[, except that a
physician or other health care provider may administer a tetanus
vaccination to a child in a commercially available preparation if
the physician or other health care provider determines that an
emergency circumstance requires the administration of the
vaccination]. The prohibition on the administration of a
vaccination under this subsection does not apply after the
department has been named managing conservator of the child after a
hearing conducted under Subchapter C, Chapter 262.
SECTION 2.08. Section 531.0335(b), Government Code, is
amended to read as follows:
(b) The executive commissioner by rule shall prohibit a
health and human services agency from taking a punitive action
against a person responsible for a child's care, custody, or
welfare for declining [failure of the person] to immunize or
vaccinate the child for any communicable disease [ensure that the
child receives the immunization series prescribed by Section
161.004, Health and Safety Code].
SECTION 2.09. Section 12.033(a), Health and Safety Code, is
amended to read as follows:
(a) Except as otherwise provided by this section, the
executive commissioner by rule shall adopt fees to be collected by
the department for the distribution and administration of vaccines
and sera provided under[:
[(1) Section 38.001, Education Code;
[(2) Section 42.043, Human Resources Code;
[(3)] Chapter 826 (Rabies Control Act of 1981)[;
[(4) Chapter 81 (Communicable Disease Prevention and
Control Act); and
[(5) Section 161.005].
SECTION 2.10. Section 81.082(f), Health and Safety Code, is
amended to read as follows:
(f) In this section, "control measures" does not include
administration of a vaccine and includes:
(1) [immunization;
[(2)] detention;
(2) [(3)] restriction;
(3) [(4)] disinfection;
(4) [(5)] decontamination;
(5) [(6)] isolation;
(6) [(7)] quarantine;
(7) [(8)] disinfestation;
(8) [(9)] chemoprophylaxis;
(9) [(10)] preventive therapy;
(10) [(11)] prevention; and
(11) [(12)] education.
SECTION 2.11. Section 81.085(i), Health and Safety Code, is
amended to read as follows:
(i) On request of the department during a public health
disaster, an individual shall disclose the individual's
immunization information. If the individual does not have updated
or appropriate immunizations, the department may take appropriate
action during a quarantine to protect that individual and the
public from the communicable disease, but the department may not
administer a vaccine to the individual without the individual's
consent.
SECTION 2.12. The heading to Section 161.0051, Health and
Safety Code, is amended to read as follows:
Sec. 161.0051. REQUIRED OFFER OF IMMUNIZATIONS FOR NURSING
HOMES.
SECTION 2.13. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0055 to read as follows:
Sec. 161.0055. PROHIBITED VACCINE MANDATES AND
DISCRIMINATION. (a) A governmental entity or official, including
the governor, a state agency, a political subdivision, or a
political subdivision official, may not:
(1) require an individual to be vaccinated;
(2) require an individual to participate in the
administration of a vaccine; or
(3) discriminate or impose a civil or criminal penalty
against an individual who refuses vaccination or participation in
the administration of a vaccine.
(b) This section applies to all other law, including a state
agency rule, executive order, or emergency order.
(c) This section prevails to the extent of a conflict
between this section and any other law.
SECTION 2.14. Section 161.0074(c), Health and Safety Code,
is amended to read as follows:
(c) The report must:
(1) include the current immunization rates by
geographic region of the state, where available;
(2) focus on the geographic regions of the state with
immunization rates below the state average for preschool children;
(3) describe the approaches identified to increase
immunization rates in underserved areas and the estimated cost for
each;
(4) identify changes to department procedures needed
to increase immunization rates;
(5) identify the services provided under and
provisions of contracts entered into by the department to increase
immunization rates in underserved areas;
(6) identify performance measures used in contracts
described by Subdivision (5);
(7) include the number and type of exemptions used in
the past year;
(8) include the number of complaints received by the
department related to the department's failure to comply with
requests for exclusion of individuals from the registry;
(9) identify all reported incidents of discrimination
for requesting exclusion from the registry [or for using an
exemption for a required immunization]; and
(10) include ways to increase provider participation
in the registry.
SECTION 2.15. Section 161.0105(c), Health and Safety Code,
is amended to read as follows:
(c) The immunity created by this section is in addition to
any immunity created by Section [Sections 161.001 and] 161.007(i).
SECTION 2.16. Section 224.002, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) The policy must:
(1) encourage [require] covered individuals to
receive vaccines for the vaccine preventable diseases specified by
the facility based on the level of risk the individual presents to
patients by the individual's routine and direct exposure to
patients;
(2) specify the recommended vaccines a covered
individual is encouraged [required] to receive based on the level
of risk the individual presents to patients by the individual's
routine and direct exposure to patients;
(3) [include procedures for verifying whether a
covered individual has complied with the policy;
[(4) include procedures for a covered individual to be
exempt from the required vaccines for the medical conditions
identified as contraindications or precautions by the Centers for
Disease Control and Prevention;
[(5)] for a covered individual who declines to receive
[is exempt from] the recommended [required] vaccines, include
procedures the individual must follow to protect facility patients
from exposure to disease, such as the use of protective medical
equipment, such as gloves and masks, based on the level of risk the
individual presents to patients by the individual's routine and
direct exposure to patients;
(4) [(6)] prohibit discrimination or retaliatory
action against a covered individual who declines to receive [is
exempt from] the recommended [required] vaccines [for the medical
conditions identified as contraindications or precautions by the
Centers for Disease Control and Prevention], except that required
use of protective medical equipment, such as gloves and masks, may
not be considered retaliatory action for purposes of this
subdivision; and
(5) [(7)] require the health care facility to maintain
a written or electronic record of each covered individual's
immunization history [compliance with or exemption from the policy;
and
[(8) include disciplinary actions the health care
facility is authorized to take against a covered individual who
fails to comply with the policy].
(b-1) A health care facility shall maintain as confidential
an immunization history described by Subsection (b)(5) and may not
disclose the history to any other person unless the disclosure is
otherwise required by law.
SECTION 2.17. Section 31.0031(d), Human Resources Code, is
amended to read as follows:
(d) The responsibility agreement shall require that:
(1) the parent of a dependent child cooperate with the
commission and the Title IV-D agency if necessary to establish the
paternity of the dependent child and to establish or enforce child
support;
(2) if adequate and accessible providers of the
services are available in the geographic area and subject to the
availability of funds, each dependent child, as appropriate,
complete early and periodic screening, diagnosis, and treatment
checkups on schedule [and receive the immunization series
prescribed by Section 161.004, Health and Safety Code, unless the
child is exempt under that section];
(3) each adult recipient, or teen parent recipient who
has completed the requirements regarding school attendance in
Subdivision (6), not voluntarily terminate paid employment of at
least 30 hours each week without good cause in accordance with rules
adopted by the executive commissioner;
(4) each adult recipient for whom a needs assessment
is conducted participate in an activity to enable that person to
become self-sufficient by:
(A) continuing the person's education or
becoming literate;
(B) entering a job placement or employment skills
training program;
(C) serving as a volunteer in the person's
community; or
(D) serving in a community work program or other
work program approved by the commission;
(5) each caretaker relative or parent receiving
assistance not use, sell, or possess marihuana or a controlled
substance in violation of Chapter 481, Health and Safety Code, or
abuse alcohol;
(6) each dependent child younger than 18 years of age
or teen parent younger than 19 years of age attend school regularly,
unless the child has a high school diploma or high school
equivalency certificate or is specifically exempted from school
attendance under Section 25.086, Education Code;
(7) each recipient comply with commission rules
regarding proof of school attendance; and
(8) each recipient attend appropriate parenting
skills training classes, as determined by the needs assessment.
SECTION 2.18. Sections 42.043(b) and (d), Human Resources
Code, are amended to read as follows:
(b) The department shall require that each child at an
appropriate age have a test for tuberculosis [and be immunized
against diphtheria, tetanus, poliomyelitis, mumps, rubella,
rubeola, invasive pneumococcal disease, and hepatitis A and against
any other communicable disease as recommended by the Department of
State Health Services. The immunization must be effective on the
date of first entry into the facility. However, a child may be
provisionally admitted if the required immunizations have begun and
are completed as rapidly as medically feasible].
(d) No immunization may be required for admission to a
facility regulated under this chapter [if a person applying for a
child's admission submits one of the following affidavits:
[(1) an affidavit signed by a licensed physician
stating that the immunization poses a significant risk to the
health and well-being of the child or a member of the child's family
or household; or
[(2) an affidavit signed by the child's parent or
guardian stating that the applicant declines immunization for
reasons of conscience, including a religious belief].
SECTION 2.19. Section 42.04305, Human Resources Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) The policy must:
(1) encourage [require] each facility employee to
receive vaccines for the vaccine-preventable diseases specified by
the child-care facility based on the level of risk the employee
presents to children by the employee's routine and direct exposure
to children;
(2) specify the recommended vaccines a facility
employee is encouraged [required] to receive based on the level of
risk the employee presents to children by the employee's routine
and direct exposure to children;
(3) [include procedures for verifying whether a
facility employee has complied with the policy;
[(4) include procedures for a facility employee to be
exempt from the required vaccines for the medical conditions
identified as contraindications or precautions by the Centers for
Disease Control and Prevention;
[(5)] for a facility employee who declines to receive
[is exempt from] the recommended [required] vaccines, include
procedures the employee must follow to protect children in the
facility's care from exposure to disease, such as the use of
protective medical equipment, including gloves and masks, based on
the level of risk the employee presents to children by the
employee's routine and direct exposure to children;
(4) [(6)] prohibit discrimination or retaliatory
action against a facility employee who declines to receive [is
exempt from] the recommended [required] vaccines [for the medical
conditions identified as contraindications or precautions by the
Centers for Disease Control and Prevention], except that required
use of protective medical equipment, including gloves and masks,
may not be considered retaliatory action for purposes of this
subdivision; and
(5) [(7)] require the child-care facility to maintain
a written or electronic record of each facility employee's
immunization history [compliance with or exemption from the policy;
and
[(8) state the disciplinary actions the child-care
facility is authorized to take against a facility employee who
fails to comply with the policy].
(c-1) A facility shall maintain as confidential an
immunization history described by Subsection (c)(5) and may not
disclose the history to any other person unless the disclosure is
otherwise required by law.
SECTION 2.20. The following provisions are repealed:
(1) Sections 38.001(a), (c), (c-1), (d), (e), and
(f), Education Code;
(2) 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;
(3) Section 38.019(a-1), Education Code;
(4) Section 51.9192, Education Code;
(5) Sections 51.933(b), (b-1), (d), (d-1), and (e),
Education Code;
(6) Section 531.0335(c), Government Code;
(7) Section 81.023, Health and Safety Code;
(8) Section 161.001, Health and Safety Code;
(9) Section 161.004, Health and Safety Code;
(10) Section 161.0041, Health and Safety Code;
(11) Section 161.005, Health and Safety Code;
(12) Section 161.007(h), Health and Safety Code;
(13) Section 224.002(c), Health and Safety Code;
(14) Section 224.003, Health and Safety Code;
(15) Sections 31.031(d) and (e), Human Resources Code;
(16) Sections 42.043(c), (d-1), and (f), Human
Resources Code; and
(17) Section 42.04305(d), Human Resources Code.
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.01. Each facility subject to Chapter 224, Health
and Safety Code, as amended by this Act, or Section 42.04305, Human
Resources Code, as amended by this Act, shall modify the facility's
vaccine-preventable disease policy to conform with the changes in
law made by this Act not later than January 1, 2024.
SECTION 3.02. (a) Subchapter O, Chapter 544, Insurance
Code, as added by this Act, applies only to a health benefit plan or
insurance policy delivered, issued for delivery, or renewed on or
after January 1, 2024.
(b) Section 544.705, Insurance Code, as added by this Act,
applies only to a contract entered into on or after the effective
date of this Act.
SECTION 3.03. (a) The changes in law made by this Act to
Title 2, Education Code, apply starting with the 2023-2024 school
year.
(b) The changes in law made by this Act to Title 3, Education
Code, apply starting with the 2023-2024 academic year.
SECTION 3.04. 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.