relating to prohibited vaccination status discrimination and
requirements for COVID-19 vaccines; authorizing administrative
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROHIBITED COVID-19 VACCINATION STATUS DISCRIMINATION
SECTION 1.01. Subtitle C, Title 5, Business & Commerce
Code, is amended by adding Chapter 122 to read as follows:
CHAPTER 122. PROHIBITED DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS
Sec. 122.001. DEFINITIONS. In this chapter:
(1)"COVID-19"means the 2019 novel coronavirus
disease.
(2)"Public accommodation" means a disposition,
service, financial aid, or benefit provided to members of the
public.
Sec.122.002.DISCRIMINATION PROHIBITED. A person may not
discriminate against or refuse to provide a public accommodation to
an individual based on the individual's COVID-19 vaccination status
by:
(1)providing to the individual a public accommodation
that is different or provided in a different manner than the
accommodation provided or manner of providing the accommodation to
other members of the public;
(2)subjecting the individual to segregation or
separate treatment in any matter related to providing the public
accommodation to the individual;
(3)restricting in any way the individual's enjoyment
of a public accommodation in a manner that distinguishes the
individual's enjoyment from the enjoyment of other members of the
public;
(4)treating the individual differently from other
members of the public in determining whether the individual
satisfies any admission, enrollment, quota, eligibility,
membership, or other requirement or condition that individuals must
satisfy before a public accommodation is provided; or
(5)denying the individual an opportunity to
participate in a program in a manner that differs from the manner
the opportunity is provided to other members of the public.
Sec.122.003.COMPLAINT; EQUITABLE RELIEF. (a) A person may
file a complaint with the attorney general if the person asserts
facts supporting an allegation that another person has violated
Section 122.002. The person filing the complaint must include a
sworn affidavit stating that, to the person's knowledge, all of the
facts asserted in the complaint are true and correct.
(b)If the attorney general determines that a complaint
filed under Subsection (a) is valid, the attorney general may file a
petition for a writ of mandamus or apply for other appropriate
equitable relief in a district court in Travis County or in a county
in which the person against whom relief is sought resides to compel
the person to comply with Section 122.002.
Sec.122.004.EFFECT ON OTHER LAW. This chapter prevails to
the extent of a conflict between this chapter and any other law.
SECTION 1.02. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Sections 161.0057 and 161.0086 to read as
follows:
Sec.161.0057.LONG-TERM CARE FACILITY: PROHIBITED
DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS. (a) In this
section:
(1)"COVID-19"means the 2019 novel coronavirus
disease.
(2)"Long-term care facility" means a facility
licensed or regulated under Chapter 242, 247, or 252.
(b)A long-term care facility may not refuse to provide
services to a resident based on the resident's COVID-19 vaccination
status.
(c)A long-term care facility that violates this section is
ineligible to receive state money for services provided to
residents.
(d)A violation of this section is a violation of the
long-term care facility's applicable licensing law and subjects the
facility to disciplinary action and the imposition of
administrative penalties under that laStatutes affected: Introduced: Education Code 38.001, Education Code 51.933, Health and Safety Code 81.023, Health and Safety Code 81.082, Health and Safety Code 161.004, Health and Safety Code 161.005, Health and Safety Code 224.002, Human Resources Code 42.043, Human Resources Code 42.04305 (Health and Safety Code 161, Health and Safety Code 81, Education Code 51, Education Code 38, Human Resources Code 42, Health and Safety Code 224)