| 1 | 1 | | 89R4965 MCF-D |
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| 2 | 2 | | By: Swanson H.B. No. 3392 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibited health care discrimination based on |
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| 10 | 10 | | vaccination status; providing a civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 161.01095 to read as follows: |
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| 14 | 14 | | Sec. 161.01095. PROHIBITED DISCRIMINATION BASED ON |
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| 15 | 15 | | VACCINATION STATUS; CIVIL PENALTY. (a) In this section, "health |
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| 16 | 16 | | care provider" means a facility or individual licensed, certified, |
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| 17 | 17 | | or otherwise authorized to provide health care, for profit or |
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| 18 | 18 | | otherwise, in the ordinary course of business or professional |
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| 19 | 19 | | practice. The term includes a physician. |
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| 20 | 20 | | (b) Notwithstanding any other law, a health care provider |
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| 21 | 21 | | may not, based on an individual's vaccination status, deny or |
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| 22 | 22 | | refuse to provide to the individual a health care treatment, |
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| 23 | 23 | | procedure, or service. |
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| 24 | 24 | | (c) A health care provider who violates this section is |
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| 25 | 25 | | subject to a civil penalty of $50,000 for each violation. The |
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| 26 | 26 | | attorney general may bring an action to recover the civil penalty |
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| 27 | 27 | | and may recover attorney's fees and costs incurred in bringing the |
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| 28 | 28 | | action. |
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| 29 | 29 | | SECTION 2. This Act takes effect September 1, 2025. |
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