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