88(4) HB 34 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a private employer from adopting or |
 
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enforcing COVID-19 vaccine mandates; authorizing an administrative |
 
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penalty. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Section 81D.001, Health and Safety Code, is |
 
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amended to read as follows: |
 
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                         (1)    "Adverse action" means an action taken by an |
 
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employer that a reasonable person would consider was for the |
 
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purpose of punishing, alienating, or otherwise adversely affecting |
 
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[an employee, contractor, applicant for employment, or applicant |
 
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for a contract position] a person. |
 
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             SECTION  2.    Section 81D.002, Health and Safety Code, is |
 
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amended to read as follows: |
 
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             Sec.  81D.002.    EMPLOYER CORONAVIRUS VACCINE MANDATES |
 
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PROHIBITED. An employer may not adopt or enforce a mandate |
 
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[requiring an employee, contractor, applicant for employment, or |
 
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applicant for a contract position to be vaccinated against |
 
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COVID-19] requiring a person to be vaccinated against COVID-19 for |
 
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any reason, including as a condition of employment, [or] a contract |
 
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position, or admission. |
 
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             SECTION  3.    Section 81D.003, Health and Safety Code, is |
 
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amended to read as follows: |
 
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             Sec.  81D.003.    PROHIBITED ADVERSE ACTION BY EMPLOYER. An |
 
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employer may not take an adverse action against [an employee, |
 
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contractor, applicant for employment, or applicant for a contract |
 
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position] a person for a refusal to be vaccinated against COVID-19. |
 
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             SECTION  4.    Section 81D.004, Health and Safety Code, is |
 
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amended to read as follows: |
 
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             Sec.  81D.004.    COMPLAINT; INVESTIGATION. (a) [An employee, |
 
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contractor, applicant for employment, or applicant for a contract |
 
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position] A person against whom an employer took an adverse action |
 
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in violation of this chapter may file a complaint with the |
 
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commission in the form and manner prescribed by commission rules. |
 
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             SECTION  5.    The change in law made by this Act applies only |
 
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to conduct or an adverse action that occurs on or after the |
 
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effective date of this Act. |
 
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             SECTION  6.    If any provision of this Act or its application |
 
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to any person or circumstance is held invalid, the invalidity does |
 
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not affect other provisions or applications of this Act that can be |
 
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given effect without the invalid provision or application, and to |
 
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this end the provisions of this Act are declared severable. |
 
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             SECTION  7.    This Act takes effect immediately if it receives |
 
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a vote of two-thirds of all the members elected to each house, as |
 
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provided by Section 39, Article III, Texas Constitution.  If this |
 
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Act does not receive the vote necessary for immediate effect, this |
 
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Act takes effect on the 91st day after the last day of the |
 
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legislative session. |