| 1 | 1 | | By: Harrison H.B. No. 34 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibiting a private employer from adopting or |
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| 7 | 7 | | enforcing COVID-19 vaccine mandates; authorizing an administrative |
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| 8 | 8 | | penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 81D.001, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (1) "Adverse action" means an action taken by an |
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| 13 | 13 | | employer that a reasonable person would consider was for the |
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| 14 | 14 | | purpose of punishing, alienating, or otherwise adversely affecting |
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| 15 | 15 | | [an employee, contractor, applicant for employment, or applicant |
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| 16 | 16 | | for a contract position] a person. |
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| 17 | 17 | | SECTION 2. Section 81D.002, Health and Safety Code, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | Sec. 81D.002. EMPLOYER CORONAVIRUS VACCINE MANDATES |
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| 20 | 20 | | PROHIBITED. An employer may not adopt or enforce a mandate |
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| 21 | 21 | | [requiring an employee, contractor, applicant for employment, or |
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| 22 | 22 | | applicant for a contract position to be vaccinated against |
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| 23 | 23 | | COVID-19] requiring a person to be vaccinated against COVID-19 for |
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| 24 | 24 | | any reason, including as a condition of employment, [or] a contract |
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| 25 | 25 | | position, or admission. |
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| 26 | 26 | | SECTION 3. Section 81D.003, Health and Safety Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An |
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| 29 | 29 | | employer may not take an adverse action against [an employee, |
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| 30 | 30 | | contractor, applicant for employment, or applicant for a contract |
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| 31 | 31 | | position] a person for a refusal to be vaccinated against COVID-19. |
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| 32 | 32 | | SECTION 4. Section 81D.004, Health and Safety Code, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) [An employee, |
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| 35 | 35 | | contractor, applicant for employment, or applicant for a contract |
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| 36 | 36 | | position] A person against whom an employer took an adverse action |
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| 37 | 37 | | in violation of this chapter may file a complaint with the |
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| 38 | 38 | | commission in the form and manner prescribed by commission rules. |
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| 39 | 39 | | SECTION 5. The change in law made by this Act applies only |
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| 40 | 40 | | to conduct or an adverse action that occurs on or after the |
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| 41 | 41 | | effective date of this Act. |
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| 42 | 42 | | SECTION 6. If any provision of this Act or its application |
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| 43 | 43 | | to any person or circumstance is held invalid, the invalidity does |
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| 44 | 44 | | not affect other provisions or applications of this Act that can be |
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| 45 | 45 | | given effect without the invalid provision or application, and to |
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| 46 | 46 | | this end the provisions of this Act are declared severable. |
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| 47 | 47 | | SECTION 7. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect on the 91st day after the last day of the |
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| 52 | 52 | | legislative session. |
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