By: Harrison H.B. No. 34
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a private employer from adopting or
enforcing COVID-19 vaccine mandates; authorizing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81D.001, Health and Safety Code, is
amended to read as follows:
(1) "Adverse action" means an action taken by an
employer that a reasonable person would consider was for the
purpose of punishing, alienating, or otherwise adversely affecting
[an employee, contractor, applicant for employment, or applicant
for a contract position] a person.
SECTION 2. Section 81D.002, Health and Safety Code, is
amended to read as follows:
Sec. 81D.002. EMPLOYER CORONAVIRUS VACCINE MANDATES
PROHIBITED. An employer may not adopt or enforce a mandate
[requiring an employee, contractor, applicant for employment, or
applicant for a contract position to be vaccinated against
COVID-19] requiring a person to be vaccinated against COVID-19 for
any reason, including as a condition of employment, [or] a contract
position, or admission.
SECTION 3. Section 81D.003, Health and Safety Code, is
amended to read as follows:
Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An
employer may not take an adverse action against [an employee,
contractor, applicant for employment, or applicant for a contract
position] a person for a refusal to be vaccinated against COVID-19.
SECTION 4. Section 81D.004, Health and Safety Code, is
amended to read as follows:
Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) [An employee,
contractor, applicant for employment, or applicant for a contract
position] A person against whom an employer took an adverse action
in violation of this chapter may file a complaint with the
commission in the form and manner prescribed by commission rules.
SECTION 5. The change in law made by this Act applies only
to conduct or an adverse action that occurs on or after the
effective date of this Act.
SECTION 6. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared severable.
SECTION 7. 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 on the 91st day after the last day of the
legislative session.