88R1169 MCF-F
By: Hall S.B. No. 308
A BILL TO BE ENTITLED
AN ACT
relating to prohibited vaccination status discrimination and
requirements for COVID-19 vaccines; authorizing administrative
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROHIBITED COVID-19 VACCINATION 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 DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS
Sec. 122.001. DEFINITIONS. In this chapter:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "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 COVID-19 vaccination status
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 that 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. LONG-TERM CARE FACILITY: PROHIBITED
DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS. (a) In this
section:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "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 COVID-19 vaccination
status.
(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 DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019
novel coronavirus disease.
(b) A health care provider or health care facility may not
refuse to provide a health care service to a patient because the
patient has not received a COVID-19 vaccine.
(c) 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 COVID-19
vaccination status.
(d) 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.
(e) 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 facility or provider to disciplinary action and
the imposition of administrative penalties under that law.
(f) 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. COVID-19 VACCINATION STATUS
Sec. 544.701. DEFINITIONS. In this subchapter:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Health benefit plan issuer" means an issuer,
administrator, or sponsor of a health benefit plan described by
Section 544.702.
(3) "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 COVID-19 vaccination status 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 COVID-19 vaccination status 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 COVID-19 vaccination status 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 COVID-19
vaccination status 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. VACCINATION STATUS DISCRIMINATION
Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS. (a) In this subchapter, "COVID-19" means the
2019 novel coronavirus disease.
(b) 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 received a COVID-19 vaccine.
(c) 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 received a COVID-19 vaccine.
(d) 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
received a COVID-19 vaccine.
(e) 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 because the employee, member, or applicant has not
received a COVID-19 vaccine.
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. VACCINATION STATUS DISCRIMINATION
Sec. 60.001. PROHIBITED DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS. (a) In this chapter, "COVID-19" means the 2019
novel coronavirus disease.
(b) 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 COVID-19 vaccination status; or
(2) the individual's refusal to receive a COVID-19
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 COVID-19 VACCINATIONS
Sec. 103A.001. DEFINITION. In this chapter, "COVID-19"
means the 2019 novel coronavirus disease.
Sec. 103A.002. 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, receive a
COVID-19 vaccine.
Sec. 103A.003. DISCRIMINATION PROHIBITED. (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 refuses to receive a COVID-19 vaccine.
(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 status with respect to
a COVID-19 vaccine; or
(2) the applicant's refusal to receive a COVID-19
vaccine.
Sec. 103A.004. 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.005. 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 DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019
novel coronavirus disease.
(b) The department may not use an individual's COVID-19
vaccination status as a requirement for the issuance or renewal of a
driver's license, election identification certificate, or personal
identification certificate.
(c) The department may not discriminate against, deny
services or access to, or otherwise penalize any individual for not
receiving a COVID-19 vaccine or not providing proof of receiving a
COVID-19 vaccine.
(d) This section prevails to the extent of a conflict
between this section and any other law.
ARTICLE 2. PROHIBITED COVID-19 VACCINATION REQUIREMENTS
SECTION 2.01. 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 2.02. Section 38.001, Education Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) A student may not be required, as a condition of the
student's admission to any elementary or secondary school, to
receive a vaccine for the 2019 novel coronavirus disease
(COVID-19).
SECTION 2.03. 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 applicant for admission may not be required to
receive a vaccine for the 2019 novel coronavirus disease
(COVID-19).
SECTION 2.04. Section 81.023, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The department, in developing immunization requirements
under this section, may not require a child to receive a vaccine for
the 2019 novel coronavirus disease (COVID-19).
SECTION 2.05. Section 81.082, Health and Safety Code, is
amended by adding Subsection (c-2) to read as follows:
(c-2) In administering a control measure under this
subchapter, the department or a health authority may not require an
individual to receive a vaccine for the 2019 novel coronavirus
disease (COVID-19).
SECTION 2.06. Section 161.004(f), Health and Safety Code,
is amended to read as follows:
(f) The executive commissioner shall adopt rules that are
necessary to administer this section. In adopting the rules, the
executive commissioner may not require a child to receive a vaccine
for the 2019 novel coronavirus disease (COVID-19).
SECTION 2.07. Section 161.005, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) The department, the executive commissioner, a facility,
or a physician may not require a child to receive a vaccine for the
2019 novel coronavirus disease (COVID-19).
SECTION 2.08. Section 224.002, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) The policy may not require a covered individual to
receive a vaccine for the 2019 novel coronavirus disease
(COVID-19).
SECTION 2.09. Section 42.043, Human Resources Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsections (b) and (c), a child may
not be required to receive a vaccine for the 2019 novel coronavirus
disease (COVID-19).
SECTION 2.10. Section 42.04305, Human Resources Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The policy may not require a facility employee to
receive a vaccine for the 2019 novel coronavirus disease
(COVID-19).
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.