By: Vasut H.B. No. 5622
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a private employer from adopting or
enforcing certain vaccine mandates; authorizing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading of Chapter 81D, Health and Safety
Code, is amended to read as follows:
CHAPTER 81D. PROHIBITED [CORONAVIRUS] VACCINE MANDATES BY PRIVATE
EMPLOYER
SECTION 2. Section 81D.001, Health and Safety Code, is
amended by amending Subdivisions (1), (4) and (5) 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.
(4) ["COVID-19" means the 2019 novel coronavirus
disease and any variants of the disease.
(5)] "Employer" means a person, other than a
governmental entity, who employs one or more employees.
SECTION 3. 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] a person to be vaccinated for any reason, including as a
condition of employment or a contract position, or admission.
SECTION 4. 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 5. Section 81D.0035(b), Health and Safety Code, is
amended to read as follows:
(b) A health care facility, health care provider, or
physician may establish and enforce a reasonable policy that
includes requiring the use of protective medical equipment by an
individual who is an employee or contractor of the facility,
provider, or physician and who is not vaccinated [against COVID-19]
based on the level of risk the individual presents to patients from
the individual's routine and direct exposure to patients.
SECTION 6. Section 81D.004, Health and Safety Code, is
amended by amending Subsections (a) and (c) 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.
(c) On receipt of a complaint under Subsection (a), the
commission shall conduct an investigation to determine whether the
employer took an adverse action against the complainant because of
the complainant's refusal to be vaccinated [against COVID-19]. For
a complaint against a health care facility, health care provider,
or physician, the commission shall consult with the department in
determining if a policy adopted under Section 81D.0035 was
reasonable.
SECTION 7. 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 8. 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 9. 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 September 1, 2025.