Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB41 Compare Versions

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1	1	88S30430 SRA-F
2	2	By: Hall S.B. No. 41
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited vaccination status discrimination and
8	8	requirements for COVID-19 vaccines; authorizing administrative
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. PROHIBITED COVID-19 VACCINATION STATUS DISCRIMINATION
12	12	SECTION 1.01. Subtitle C, Title 5, Business & Commerce
13	13	Code, is amended by adding Chapter 122 to read as follows:
14	14	CHAPTER 122. PROHIBITED DISCRIMINATION BASED ON COVID-19
15	15	VACCINATION STATUS
16	16	Sec. 122.001. DEFINITIONS. In this chapter:
17	17	(1) "COVID-19" means the 2019 novel coronavirus
18	18	disease.
19	19	(2) "Public accommodation" means a disposition,
20	20	service, financial aid, or benefit provided to members of the
21	21	public.
22	22	Sec. 122.002. DISCRIMINATION PROHIBITED. A person may not
23	23	discriminate against or refuse to provide a public accommodation to
24	24	an individual based on the individual's COVID-19 vaccination status
25	25	by:
26	26	(1) providing to the individual a public accommodation
27	27	that is different or provided in a different manner than the
28	28	accommodation provided or manner of providing the accommodation to
29	29	other members of the public;
30	30	(2) subjecting the individual to segregation or
31	31	separate treatment in any matter related to providing the public
32	32	accommodation to the individual;
33	33	(3) restricting in any way the individual's enjoyment
34	34	of a public accommodation in a manner that distinguishes the
35	35	individual's enjoyment from the enjoyment of other members of the
36	36	public;
37	37	(4) treating the individual differently from other
38	38	members of the public in determining whether the individual
39	39	satisfies any admission, enrollment, quota, eligibility,
40	40	membership, or other requirement or condition that individuals must
41	41	satisfy before a public accommodation is provided; or
42	42	(5) denying the individual an opportunity to
43	43	participate in a program in a manner that differs from the manner
44	44	the opportunity is provided to other members of the public.
45	45	Sec. 122.003. COMPLAINT; EQUITABLE RELIEF. (a) A person may
46	46	file a complaint with the attorney general if the person asserts
47	47	facts supporting an allegation that another person has violated
48	48	Section 122.002. The person filing the complaint must include a
49	49	sworn affidavit stating that, to the person's knowledge, all of the
50	50	facts asserted in the complaint are true and correct.
51	51	(b) If the attorney general determines that a complaint
52	52	filed under Subsection (a) is valid, the attorney general may file a
53	53	petition for a writ of mandamus or apply for other appropriate
54	54	equitable relief in a district court in Travis County or in a county
55	55	in which the person against whom relief is sought resides to compel
56	56	the person to comply with Section 122.002.
57	57	Sec. 122.004. EFFECT ON OTHER LAW. This chapter prevails to
58	58	the extent of a conflict between this chapter and any other law.
59	59	SECTION 1.02. Subchapter A, Chapter 161, Health and Safety
60	60	Code, is amended by adding Sections 161.0057 and 161.0086 to read as
61	61	follows:
62	62	Sec. 161.0057. LONG-TERM CARE FACILITY: PROHIBITED
63	63	DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS. (a) In this
64	64	section:
65	65	(1) "COVID-19" means the 2019 novel coronavirus
66	66	disease.
67	67	(2) "Long-term care facility" means a facility
68	68	licensed or regulated under Chapter 242, 247, or 252.
69	69	(b) A long-term care facility may not refuse to provide
70	70	services to a resident based on the resident's COVID-19 vaccination
71	71	status.
72	72	(c) A long-term care facility that violates this section is
73	73	ineligible to receive state money for services provided to
74	74	residents.
75	75	(d) A violation of this section is a violation of the
76	76	long-term care facility's applicable licensing law and subjects the
77	77	facility to disciplinary action and the imposition of
78	78	administrative penalties under that law.
79	79	(e) This section prevails to the extent of a conflict
80	80	between this section and any other law.
81	81	Sec. 161.0086. PROHIBITED DISCRIMINATION BASED ON COVID-19
82	82	VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019
83	83	novel coronavirus disease.
84	84	(b) A health care provider or health care facility may not
85	85	refuse to provide a health care service to a patient because the
86	86	patient has not received a COVID-19 vaccine.
87	87	(c) A health care facility providing clinical experience to
88	88	satisfy a student's degree requirements may not discriminate
89	89	against a student or prohibit admission, enrollment, or employment
90	90	as a student, intern, or resident based on the student's COVID-19
91	91	vaccination status.
92	92	(d) Notwithstanding any other law, a health care provider or
93	93	health care facility that violates this section is ineligible to
94	94	receive state money for health care services provided to patients.
95	95	(e) A violation of this section is a violation of the health
96	96	care provider's or health care facility's applicable licensing law
97	97	and subjects the facility or provider to disciplinary action and
98	98	the imposition of administrative penalties under that law.
99	99	(f) This section prevails to the extent of a conflict
100	100	between this section and any other law.
101	101	SECTION 1.03. Chapter 544, Insurance Code, is amended by
102	102	adding Subchapter O to read as follows:
103	103	SUBCHAPTER O. COVID-19 VACCINATION STATUS
104	104	Sec. 544.701. DEFINITIONS. In this subchapter:
105	105	(1) "COVID-19" means the 2019 novel coronavirus
106	106	disease.
107	107	(2) "Health benefit plan issuer" means an issuer,
108	108	administrator, or sponsor of a health benefit plan described by
109	109	Section 544.702.
110	110	(3) "Participating provider" means a health care
111	111	provider who has contracted with a health benefit plan issuer to
112	112	provide services to enrollees.
113	113	Sec. 544.702. APPLICABILITY OF SUBCHAPTER. (a) This
114	114	subchapter applies only to a health benefit plan that provides
115	115	benefits for medical or surgical expenses incurred as a result of a
116	116	health condition, accident, or sickness, including a group,
117	117	blanket, or franchise insurance policy or insurance agreement, a
118	118	group hospital service contract, or a group evidence of coverage or
119	119	similar coverage document that is offered by:
120	120	(1) an insurance company;
121	121	(2) a group hospital service corporation operating
122	122	under Chapter 842;
123	123	(3) a health maintenance organization operating under
124	124	Chapter 843;
125	125	(4) an approved nonprofit health corporation that
126	126	holds a certificate of authority under Chapter 844;
127	127	(5) a multiple employer welfare arrangement that holds
128	128	a certificate of authority under Chapter 846;
129	129	(6) a stipulated premium company operating under
130	130	Chapter 884;
131	131	(7) a fraternal benefit society operating under
132	132	Chapter 885;
133	133	(8) a Lloyd's plan operating under Chapter 941; or
134	134	(9) an exchange operating under Chapter 942.
135	135	(b) Notwithstanding any other law, this subchapter applies
136	136	to:
137	137	(1) a small employer health benefit plan subject to
138	138	Chapter 1501, including coverage provided through a health group
139	139	cooperative under Subchapter B of that chapter;
140	140	(2) a standard health benefit plan issued under
141	141	Chapter 1507;
142	142	(3) a basic coverage plan under Chapter 1551;
143	143	(4) a basic plan under Chapter 1575;
144	144	(5) a primary care coverage plan under Chapter 1579;
145	145	(6) a plan providing basic coverage under Chapter
146	146	1601;
147	147	(7) health benefits provided by or through a church
148	148	benefits board under Subchapter I, Chapter 22, Business
149	149	Organizations Code;
150	150	(8) the state Medicaid program, including the Medicaid
151	151	managed care program operated under Chapter 533, Government Code;
152	152	(9) the child health plan program under Chapter 62,
153	153	Health and Safety Code;
154	154	(10) a regional or local health care program operated
155	155	under Section 75.104, Health and Safety Code;
156	156	(11) a self-funded health benefit plan sponsored by a
157	157	professional employer organization under Chapter 91, Labor Code;
158	158	(12) county employee group health benefits provided
159	159	under Chapter 157, Local Government Code; and
160	160	(13) health and accident coverage provided by a risk
161	161	pool created under Chapter 172, Local Government Code.
162	162	(c) This subchapter applies to a life insurance company
163	163	that:
164	164	(1) issues or delivers a life insurance policy in this
165	165	state; or
166	166	(2) is organized under the laws of this state.
167	167	Sec. 544.703. PROHIBITED DISCRIMINATION AGAINST
168	168	INDIVIDUAL. A group health benefit plan issuer or a life insurance
169	169	company may not use an individual's COVID-19 vaccination status to:
170	170	(1) reject, deny, limit, cancel, refuse to renew, or
171	171	increase the premiums for coverage of the individual under a plan
172	172	offered by the issuer or company;
173	173	(2) limit the amount, extent, or kind of coverage
174	174	available to the individual; or
175	175	(3) otherwise adversely affect the individual's
176	176	eligibility for coverage.
177	177	Sec. 544.704. PROHIBITED DISCRIMINATION IN GROUP PLAN
178	178	RATING. The COVID-19 vaccination status of individuals covered
179	179	under a group health benefit plan that provides coverage in this
180	180	state may not be used as a factor in the rating of the plan.
181	181	Sec. 544.705. PROHIBITED DISCRIMINATION AGAINST
182	182	PARTICIPATING PROVIDER. (a) A health benefit plan issuer may not
183	183	use the COVID-19 vaccination status of a health care provider's
184	184	patients as a qualification or requirement for contracting with the
185	185	provider or as a basis for terminating a contract with the provider.
186	186	(b) A health benefit plan issuer may not use the COVID-19
187	187	vaccination status of enrollees as a factor in providing a
188	188	financial incentive or assessing a financial or other penalty
189	189	against a participating provider.
190	190	Sec. 544.706. EFFECT ON OTHER LAW. This subchapter
191	191	prevails to the extent of a conflict between this subchapter and any
192	192	other law.
193	193	SECTION 1.04. Chapter 21, Labor Code, is amended by adding
194	194	Subchapter H-1 to read as follows:
195	195	SUBCHAPTER H-1. VACCINATION STATUS DISCRIMINATION
196	196	Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON COVID-19
197	197	VACCINATION STATUS. (a) In this subchapter, "COVID-19" means the
198	198	2019 novel coronavirus disease.
199	199	(b) An employer commits an unlawful employment practice if
200	200	the employer fails or refuses to hire, discharges, or otherwise
201	201	discriminates against an individual with respect to the
202	202	compensation or the terms, conditions, or privileges of employment
203	203	because the individual has not received a COVID-19 vaccine.
204	204	(c) A labor organization commits an unlawful employment
205	205	practice if the labor organization excludes or expels from
206	206	membership or otherwise discriminates against an individual
207	207	because the individual has not received a COVID-19 vaccine.
208	208	(d) An employment agency commits an unlawful employment
209	209	practice if the employment agency classifies or refers for
210	210	employment, fails or refuses to refer for employment, or otherwise
211	211	discriminates against an individual because the individual has not
212	212	received a COVID-19 vaccine.
213	213	(e) An employer, labor organization, or employment agency
214	214	commits an unlawful employment practice if the employer, labor
215	215	organization, or employment agency limits, segregates, or
216	216	classifies an employee, member, or applicant for employment or
217	217	membership in a way that would deprive or tend to deprive the
218	218	employee, member, or applicant of employment opportunities or
219	219	otherwise adversely affect the status of the employee, member, or
220	220	applicant because the employee, member, or applicant has not
221	221	received a COVID-19 vaccine.
222	222	Sec. 21.422. EFFECT ON OTHER LAW. This subchapter prevails
223	223	to the extent of a conflict between this subchapter and any other
224	224	law.
225	225	SECTION 1.05. Title 2, Occupations Code, is amended by
226	226	adding Chapter 61 to read as follows:
227	227	CHAPTER 61. VACCINATION STATUS DISCRIMINATION
228	228	Sec. 61.001. PROHIBITED DISCRIMINATION BASED ON COVID-19
229	229	VACCINATION STATUS. (a) In this chapter, "COVID-19" means the 2019
230	230	novel coronavirus disease.
231	231	(b) A licensing authority may not deny an application for an
232	232	occupational license, suspend, revoke, or refuse to renew an
233	233	occupational license, or take any other disciplinary action against
234	234	an individual based on:
235	235	(1) the individual's COVID-19 vaccination status; or
236	236	(2) the individual's refusal to receive a COVID-19
237	237	vaccine.
238	238	Sec. 61.002. EFFECT ON OTHER LAW. This chapter prevails to
239	239	the extent of a conflict between this chapter and any other law.
240	240	SECTION 1.06. Subtitle A, Title 3, Occupations Code, is
241	241	amended by adding Chapter 103A to read as follows:
242	242	CHAPTER 103A. RIGHT TO OBJECT TO COVID-19 VACCINATIONS
243	243	Sec. 103A.001. DEFINITION. In this chapter, "COVID-19"
244	244	means the 2019 novel coronavirus disease.
245	245	Sec. 103A.002. RIGHT TO OBJECT. A hospital or other health
246	246	care facility may not require as a condition of employment that an
247	247	employee, including a physician, nurse, or staff member, receive a
248	248	COVID-19 vaccine.
249	249	Sec. 103A.003. DISCRIMINATION PROHIBITED. (a) A hospital
250	250	or other health care facility may not discriminate against an
251	251	employee, including a physician, nurse, or staff member, or an
252	252	applicant who refuses to receive a COVID-19 vaccine.
253	253	(b) An educational institution may not discriminate against
254	254	an applicant for admission or employment as a student, intern, or
255	255	resident based on:
256	256	(1) the applicant's vaccination status with respect to
257	257	a COVID-19 vaccine; or
258	258	(2) the applicant's refusal to receive a COVID-19
259	259	vaccine.
260	260	Sec. 103A.004. REMEDIES. A person aggrieved by a violation
261	261	of this chapter may bring an action against a hospital, other health
262	262	care facility, or educational institution that administers a
263	263	hospital or other health care facility in a district court in the
264	264	county where the hospital, facility, or institution is located for:
265	265	(1) an injunction against any further violation;
266	266	(2) appropriate equitable relief, including:
267	267	(A) admission or reinstatement of employment;
268	268	and
269	269	(B) back pay and 10 percent interest on the back
270	270	pay; and
271	271	(3) any other relief necessary to ensure compliance
272	272	with this chapter.
273	273	Sec. 103A.005. EFFECT ON OTHER LAW. This chapter prevails
274	274	to the extent of a conflict between this chapter and any other law.
275	275	SECTION 1.07. Subchapter A, Chapter 521, Transportation
276	276	Code, is amended by adding Section 521.016 to read as follows:
277	277	Sec. 521.016. PROHIBITED DISCRIMINATION BASED ON COVID-19
278	278	VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019
279	279	novel coronavirus disease.
280	280	(b) The department may not use an individual's COVID-19
281	281	vaccination status as a requirement for the issuance or renewal of a
282	282	driver's license, election identification certificate, or personal
283	283	identification certificate.
284	284	(c) The department may not discriminate against, deny
285	285	services or access to, or otherwise penalize any individual for not
286	286	receiving a COVID-19 vaccine or not providing proof of receiving a
287	287	COVID-19 vaccine.
288	288	(d) This section prevails to the extent of a conflict
289	289	between this section and any other law.
290	290	ARTICLE 2. PROHIBITED COVID-19 VACCINATION REQUIREMENTS
291	291	SECTION 2.01. Section 38.001(b), Education Code, as amended
292	292	by Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
293	293	Legislature, Regular Session, 2007, is reenacted and amended to
294	294	read as follows:
295	295	(b) Subject to Subsections (b-1), (b-2), and (c), the
296	296	executive commissioner of the Health and Human Services Commission
297	297	may modify or delete any of the immunizations in Subsection (a) or
298	298	may require immunizations against additional diseases as a
299	299	requirement for admission to any elementary or secondary school.
300	300	SECTION 2.02. Section 38.001, Education Code, is amended by
301	301	adding Subsection (b-2) to read as follows:
302	302	(b-2) A student may not be required, as a condition of the
303	303	student's admission to any elementary or secondary school, to
304	304	receive a vaccine for the 2019 novel coronavirus disease
305	305	(COVID-19).
306	306	SECTION 2.03. Section 51.933, Education Code, is amended by
307	307	amending Subsection (b) and adding Subsection (b-2) to read as
308	308	follows:
309	309	(b) Except as provided by Subsection (b-2), the [The]
310	310	executive commissioner of the Health and Human Services Commission
311	311	may require immunizations against the diseases listed in Subsection
312	312	(a) and additional diseases for students at any institution of
313	313	higher education who are pursuing a course of study in a human or
314	314	animal health profession, and the executive commissioner may
315	315	require those immunizations for any students in times of an
316	316	emergency or epidemic in a county where the commissioner of state
317	317	health services has declared such an emergency or epidemic.
318	318	(b-2) An applicant for admission may not be required to
319	319	receive a vaccine for the 2019 novel coronavirus disease
320	320	(COVID-19).
321	321	SECTION 2.04. Section 81.023, Health and Safety Code, is
322	322	amended by adding Subsection (d) to read as follows:
323	323	(d) The department, in developing immunization requirements
324	324	under this section, may not require a child to receive a vaccine for
325	325	the 2019 novel coronavirus disease (COVID-19).
326	326	SECTION 2.05. Section 81.082, Health and Safety Code, is
327	327	amended by adding Subsection (c-2) to read as follows:
328	328	(c-2) In administering a control measure under this
329	329	subchapter, the department or a health authority may not require an
330	330	individual to receive a vaccine for the 2019 novel coronavirus
331	331	disease (COVID-19).
332	332	SECTION 2.06. Section 161.004(f), Health and Safety Code,
333	333	is amended to read as follows:
334	334	(f) The executive commissioner shall adopt rules that are
335	335	necessary to administer this section. In adopting the rules, the
336	336	executive commissioner may not require a child to receive a vaccine
337	337	for the 2019 novel coronavirus disease (COVID-19).
338	338	SECTION 2.07. Section 161.005, Health and Safety Code, is
339	339	amended by adding Subsection (e) to read as follows:
340	340	(e) The department, the executive commissioner, a facility,
341	341	or a physician may not require a child to receive a vaccine for the
342	342	2019 novel coronavirus disease (COVID-19).
343	343	SECTION 2.08. Section 224.002, Health and Safety Code, is
344	344	amended by adding Subsection (b-1) to read as follows:
345	345	(b-1) The policy may not require a covered individual to
346	346	receive a vaccine for the 2019 novel coronavirus disease
347	347	(COVID-19).
348	348	SECTION 2.09. Section 42.043, Human Resources Code, is
349	349	amended by adding Subsection (c-1) to read as follows:
350	350	(c-1) Notwithstanding Subsections (b) and (c), a child may
351	351	not be required to receive a vaccine for the 2019 novel coronavirus
352	352	disease (COVID-19).
353	353	SECTION 2.10. Section 42.04305, Human Resources Code, is
354	354	amended by adding Subsection (c-1) to read as follows:
355	355	(c-1) The policy may not require a facility employee to
356	356	receive a vaccine for the 2019 novel coronavirus disease
357	357	(COVID-19).
358	358	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
359	359	SECTION 3.01. Each facility subject to Chapter 224, Health
360	360	and Safety Code, as amended by this Act, or Section 42.04305, Human
361	361	Resources Code, as amended by this Act, shall modify the facility's
362	362	vaccine-preventable disease policy to conform with the changes in
363	363	law made by this Act not later than March 1, 2024.
364	364	SECTION 3.02. (a) Subchapter O, Chapter 544, Insurance
365	365	Code, as added by this Act, applies only to a health benefit plan or
366	366	insurance policy delivered, issued for delivery, or renewed on or
367	367	after March 1, 2024.
368	368	(b) Section 544.705, Insurance Code, as added by this Act,
369	369	applies only to a contract entered into on or after the effective
370	370	date of this Act.
371	371	SECTION 3.03. (a) The changes in law made by this Act to
372	372	Title 2, Education Code, apply starting with the 2024-2025 school
373	373	year.
374	374	(b) The changes in law made by this Act to Title 3, Education
375	375	Code, apply starting with the 2024-2025 academic year.
376	376	SECTION 3.04. This Act takes effect immediately if it
377	377	receives a vote of two-thirds of all the members elected to each
378	378	house, as provided by Section 39, Article III, Texas Constitution.
379	379	If this Act does not receive the vote necessary for immediate
380	380	effect, this Act takes effect on the 91st day after the last day of
381	381	the legislative session.