Texas 2023 - 88th 3rd C.S.

Texas House Bill HB7 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88S30818 KKR-F
2	2	By: Leach H.B. No. 7
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting a private employer from adopting or
8	8	enforcing certain COVID-19 vaccine mandates; authorizing an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
12	12	amended by adding Chapter 81D to read as follows:
13	13	CHAPTER 81D. PROHIBITED CORONAVIRUS VACCINE MANDATES BY PRIVATE
14	14	EMPLOYER
15	15	Sec. 81D.001. DEFINITIONS. In this chapter:
16	16	(1) "Adverse action" means an action taken by an
17	17	employer that a reasonable person would consider was for the
18	18	purpose of punishing, alienating, or otherwise adversely affecting
19	19	an employee, contractor, applicant for employment, or applicant for
20	20	a contract position.
21	21	(2) "Commission" means the Texas Workforce
22	22	Commission.
23	23	(3) "COVID-19" means the 2019 novel coronavirus
24	24	disease and any variants of the disease.
25	25	(4) "Employer" means a person, other than a
26	26	governmental entity, who employs one or more employees.
27	27	Sec. 81D.002. EMPLOYER CORONAVIRUS VACCINE MANDATES
28	28	PROHIBITED. An employer may not adopt or enforce a mandate
29	29	requiring an employee, contractor, applicant for employment, or
30	30	applicant for a contract position to be vaccinated against COVID-19
31	31	as a condition of employment or a contract position.
32	32	Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An
33	33	employer may not take an adverse action against an employee,
34	34	contractor, applicant for employment, or applicant for a contract
35	35	position for a refusal to be vaccinated against COVID-19.
36	36	Sec. 81D.0035. ADVERSE ACTION EXCEPTION FOR CERTAIN HEALTH
37	37	CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS. (a) In
38	38	this section:
39	39	(1) "Health care facility" means a facility that is a
40	40	provider of services, as defined by Section 1861, Social Security
41	41	Act (42 U.S.C. Section 1395x).
42	42	(2) "Health care provider" and "physician" have the
43	43	meanings assigned by Section 74.001, Civil Practice and Remedies
44	44	Code.
45	45	(b) A health care facility, health care provider, or
46	46	physician may establish and enforce a reasonable policy that
47	47	includes requiring the use of protective medical equipment by an
48	48	individual who is an employee or contractor of the facility,
49	49	provider, or physician and who is not vaccinated against COVID-19
50	50	based on the level of risk the individual presents to patients from
51	51	the individual's routine and direct exposure to patients.
52	52	(c) Establishing or enforcing a policy described by
53	53	Subsection (b) is not considered an adverse action under this
54	54	chapter.
55	55	Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) An employee,
56	56	contractor, applicant for employment, or applicant for a contract
57	57	position against whom an employer took an adverse action in
58	58	violation of this chapter may file a complaint with the commission
59	59	in the form and manner prescribed by commission rules.
60	60	(b) A complaint filed with the commission must include the
61	61	following information:
62	62	(1) the name of the complainant;
63	63	(2) the name of the employer; and
64	64	(3) the nature and description of any alleged adverse
65	65	action the employer took against the complainant.
66	66	(c) On receipt of a complaint under Subsection (a), the
67	67	commission shall conduct an investigation to determine whether the
68	68	employer took an adverse action against the complainant because of
69	69	the complainant's refusal to be vaccinated against COVID-19. For a
70	70	complaint against a health care facility, health care provider, or
71	71	physician, the commission shall consult with the department in
72	72	determining if a policy adopted under Section 81D.0035 was
73	73	reasonable.
74	74	(d) The commission shall adopt rules prescribing the
75	75	procedures for accepting complaints and conducting investigations
76	76	under this section.
77	77	Sec. 81D.005. INJUNCTIVE RELIEF. (a) On receipt of a
78	78	complaint filed under Section 81D.004, the commission may request
79	79	that the attorney general bring an action for injunctive relief
80	80	against the employer to prevent further violations of this chapter
81	81	by the employer. The action must be filed in a district court in:
82	82	(1) Travis County; or
83	83	(2) the county in which the alleged adverse action
84	84	occurred.
85	85	(b) In an injunction issued under Subsection (a), a court
86	86	may include reasonable requirements to prevent further violations
87	87	of this section.
88	88	Sec. 81D.006. ADMINISTRATIVE PENALTY. (a) The commission
89	89	may impose on an employer who violates this chapter an
90	90	administrative penalty of not more than $10,000 for each violation,
91	91	unless the employer, as applicable:
92	92	(1) hires the applicant for employment or offers a
93	93	contract to the applicant for a contract position; or
94	94	(2) reinstates the employee or contractor and provides
95	95	the employee or contractor with back pay from the date the employer
96	96	took the adverse action and makes every reasonable effort to
97	97	reverse the effects of the adverse action, including reestablishing
98	98	employee benefits for which the employee or contractor otherwise
99	99	would have been eligible if the adverse action had not been taken.
100	100	(b) If, following an investigation under Section 81D.004,
101	101	the commission determines that the employer violated this chapter,
102	102	the commission may recover from the employer reasonable
103	103	investigative costs incurred by the commission in conducting the
104	104	investigation, regardless of whether the employer has taken an
105	105	action described by Subsection (a)(1) or (2).
106	106	SECTION 2. The change in law made by this Act applies only
107	107	to conduct or an adverse action that occurs on or after the
108	108	effective date of this Act.
109	109	SECTION 3. If any provision of this Act or its application
110	110	to any person or circumstance is held invalid, the invalidity does
111	111	not affect other provisions or applications of this Act that can be
112	112	given effect without the invalid provision or application, and to
113	113	this end the provisions of this Act are declared severable.
114	114	SECTION 4. This Act takes effect immediately if it receives
115	115	a vote of two-thirds of all the members elected to each house, as
116	116	provided by Section 39, Article III, Texas Constitution. If this
117	117	Act does not receive the vote necessary for immediate effect, this
118	118	Act takes effect on the 91st day after the last day of the
119	119	legislative session.