Texas 2025 - 89th Regular

Texas House Bill HB5622 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Vasut H.B. No. 5622
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to prohibiting a private employer from adopting or
7	9		enforcing certain vaccine mandates; authorizing an administrative
8	10		penalty.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. The heading of Chapter 81D, Health and Safety
11	13		Code, is amended to read as follows:
12	14		CHAPTER 81D. PROHIBITED [CORONAVIRUS] VACCINE MANDATES BY PRIVATE
13	15		EMPLOYER
14	16		SECTION 2. Section 81D.001, Health and Safety Code, is
15	17		amended by amending Subdivisions (1), (4) and (5) to read as
16	18		follows:
17	19		(1) "Adverse action" means an action taken by an
18	20		employer that a reasonable person would consider was for the
19	21		purpose of punishing, alienating, or otherwise adversely affecting
20	22		[an employee, contractor, applicant for employment, or applicant
21	23		for a contract position] a person.
22	24		(4) ["COVID-19" means the 2019 novel coronavirus
23	25		disease and any variants of the disease.
24	26		(5)] "Employer" means a person, other than a
25	27		governmental entity, who employs one or more employees.
26	28		SECTION 3. Section 81D.002, Health and Safety Code, is
27	29		amended to read as follows:
28	30		Sec. 81D.002. EMPLOYER [CORONAVIRUS] VACCINE MANDATES
29	31		PROHIBITED. An employer may not adopt or enforce a mandate
30	32		requiring [an employee, contractor, applicant for employment, or
31	33		applicant for a contract position to be vaccinated against
32	34		COVID-19] a person to be vaccinated for any reason, including as a
33	35		condition of employment or a contract position, or admission.
34	36		SECTION 4. Section 81D.003, Health and Safety Code, is
35	37		amended to read as follows:
36	38		Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An
37	39		employer may not take an adverse action against [an employee,
38	40		contractor, applicant for employment, or applicant for a contract
39	41		position] a person for a refusal to be vaccinated [against
40	42		COVID-19].
41	43		SECTION 5. Section 81D.0035(b), Health and Safety Code, is
42	44		amended to read as follows:
43	45		(b) A health care facility, health care provider, or
44	46		physician may establish and enforce a reasonable policy that
45	47		includes requiring the use of protective medical equipment by an
46	48		individual who is an employee or contractor of the facility,
47	49		provider, or physician and who is not vaccinated [against COVID-19]
48	50		based on the level of risk the individual presents to patients from
49	51		the individual's routine and direct exposure to patients.
50	52		SECTION 6. Section 81D.004, Health and Safety Code, is
51	53		amended by amending Subsections (a) and (c) to read as follows:
52	54		Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) [An employee,
53	55		contractor, applicant for employment, or applicant for a contract
54	56		position] A person against whom an employer took an adverse action
55	57		in violation of this chapter may file a complaint with the
56	58		commission in the form and manner prescribed by commission rules.
57	59		(c) On receipt of a complaint under Subsection (a), the
58	60		commission shall conduct an investigation to determine whether the
59	61		employer took an adverse action against the complainant because of
60	62		the complainant's refusal to be vaccinated [against COVID-19]. For
61	63		a complaint against a health care facility, health care provider,
62	64		or physician, the commission shall consult with the department in
63	65		determining if a policy adopted under Section 81D.0035 was
64	66		reasonable.
65	67		SECTION 7. The change in law made by this Act applies only
66	68		to conduct or an adverse action that occurs on or after the
67	69		effective date of this Act.
68	70		SECTION 8. If any provision of this Act or its application
69	71		to any person or circumstance is held invalid, the invalidity does
70	72		not affect other provisions or applications of this Act that can be
71	73		given effect without the invalid provision or application, and to
72	74		this end the provisions of this Act are declared severable.
73	75		SECTION 9. This Act takes effect immediately if it receives
74	76		a vote of two-thirds of all the members elected to each house, as
75	77		provided by Section 39, Article III, Texas Constitution. If this
76	78		Act does not receive the vote necessary for immediate effect, this
77	79		Act takes effect on September 1, 2025.