Bill Summary – FastDemocracy

      
            S.B. No. 7
         
               AN ACT
            
            relating to prohibiting a private employer from adopting or 
         
            enforcing certain COVID-19 vaccine mandates; authorizing an 
         
            administrative penalty.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is 
         
            amended by adding Chapter 81D to read as follows:
         
            CHAPTER 81D.  PROHIBITED CORONAVIRUS VACCINE MANDATES BY PRIVATE 
         
            EMPLOYER
         
                   Sec. 81D.001.  DEFINITIONS.  In this chapter:
         
                         (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.
         
                         (2)  "Commission" means the Texas Workforce 
         
            Commission.
         
                         (3)  "Contractor" means a person who undertakes 
         
            specific work for an employer in exchange for a benefit without 
         
            submitting to the control of the employer over the manner, methods, 
         
            or details of the work.
         
                         (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.
         
                   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 
         
            as a condition of employment or a contract position.
         
                   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 for a refusal to be vaccinated against COVID-19.
         
                   Sec. 81D.0035.  ADVERSE ACTION EXCEPTION FOR CERTAIN HEALTH 
         
            CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS.  (a)  In 
         
            this section:
         
                         (1)  "Health care facility" means a facility that is a 
         
            provider of services, as defined by Section 1861, Social Security 
         
            Act (42 U.S.C. Section 1395x).
         
                         (2)  "Health care provider" and "physician" have the 
         
            meanings assigned by Section 74.001, Civil Practice and Remedies 
         
            Code.
         
                   (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.
         
                   (c)  Establishing or enforcing a policy described by 
         
            Subsection (b) is not considered an adverse action under this 
         
            chapter.
         
                   Sec. 81D.004.  COMPLAINT; INVESTIGATION.  (a)  An employee, 
         
            contractor, applicant for employment, or applicant for a contract 
         
            position 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.
         
                   (b)  A complaint filed with the commission must include the 
         
            following information:
         
                         (1)  the name of the complainant;
         
                         (2)  the name of the employer; and
         
                         (3)  the nature and description of any alleged adverse 
         
            action the employer took against the complainant.
         
                   (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.
         
                   Sec. 81D.005.  INJUNCTIVE RELIEF.  (a)  On receipt of a 
         
            Statutes affected: 
Introduced:  ()
Senate Committee Report:  ()
Engrossed:  ()
House Committee Report:  ()
Enrolled:  ()




	AN ACT
	relating to prohibiting a private employer from adopting or
	enforcing certain COVID-19 vaccine mandates; authorizing an
	administrative penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
	amended by adding Chapter 81D to read as follows:
	CHAPTER 81D. PROHIBITED CORONAVIRUS VACCINE MANDATES BY PRIVATE
	EMPLOYER
	Sec. 81D.001. DEFINITIONS. In this chapter:
	(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.
	(2) "Commission" means the Texas Workforce
	Commission.
	(3) "Contractor" means a person who undertakes
	specific work for an employer in exchange for a benefit without
	submitting to the control of the employer over the manner, methods,
	or details of the work.
	(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.
	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
	as a condition of employment or a contract position.
	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 for a refusal to be vaccinated against COVID-19.
	Sec. 81D.0035. ADVERSE ACTION EXCEPTION FOR CERTAIN HEALTH
	CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS. (a) In
	this section:
	(1) "Health care facility" means a facility that is a
	provider of services, as defined by Section 1861, Social Security
	Act (42 U.S.C. Section 1395x).
	(2) "Health care provider" and "physician" have the
	meanings assigned by Section 74.001, Civil Practice and Remedies
	Code.
	(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.
	(c) Establishing or enforcing a policy described by
	Subsection (b) is not considered an adverse action under this
	chapter.
	Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) An employee,
	contractor, applicant for employment, or applicant for a contract
	position 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.
	(b) A complaint filed with the commission must include the
	following information:
	(1) the name of the complainant;
	(2) the name of the employer; and
	(3) the nature and description of any alleged adverse
	action the employer took against the complainant.
	(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.
	Sec. 81D.005. INJUNCTIVE RELIEF. (a) On receipt of a
Statutes affected: Introduced: () Senate Committee Report: () Engrossed: () House Committee Report: () Enrolled: ()