| 1 | 1 | | 88S40127 SCP-D |
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| 2 | 2 | | By: Isaac H.B. No. 49 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to unlawful employment practices with respect to required |
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| 8 | 8 | | disclosure of an individual's vaccination status. |
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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. Chapter 21, Labor Code, is amended by adding |
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| 11 | 11 | | Subchapter H-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER H-1. PRIVACY OF VACCINATION STATUS |
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| 13 | 13 | | Sec. 21.421. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "COVID-19" means the 2019 novel coronavirus |
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| 15 | 15 | | disease and any variants of the disease. |
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| 16 | 16 | | (2) "Employer" means a person who employs one or more |
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| 17 | 17 | | employees. |
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| 18 | 18 | | Sec. 21.422. RIGHT TO PRIVACY OF VACCINATION STATUS. (a) |
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| 19 | 19 | | An individual has the right to keep the individual's vaccination |
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| 20 | 20 | | status private, including COVID-19 vaccination status, and may not |
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| 21 | 21 | | be required to disclose that information to the individual's |
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| 22 | 22 | | employer or an employer to whom the individual has applied for an |
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| 23 | 23 | | employment position unless the disclosure is required by state or |
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| 24 | 24 | | federal law. |
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| 25 | 25 | | (b) An employer commits an unlawful employment practice if |
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| 26 | 26 | | the employer fails or refuses to hire, discharges, or otherwise |
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| 27 | 27 | | discriminates against an individual with respect to the |
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| 28 | 28 | | compensation or the terms, conditions, or privileges of employment |
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| 29 | 29 | | because the individual exercises the right described by Subsection |
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| 30 | 30 | | (a). |
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| 31 | 31 | | SECTION 2. Subchapter H-1, Chapter 21, Labor Code, as added |
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| 32 | 32 | | by this Act, applies only to an unlawful employment practice that |
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| 33 | 33 | | occurs on or after the effective date of this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 35 | 35 | | last day of the legislative session. |
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