Bill Text: TX HB18 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to protecting the medical freedom and bodily autonomy of employees with respect to immunization or vaccination status.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2021-09-08 - Filed [HB18 Detail]
Download: Texas-2021-HB18-Introduced.html
By: Toth | H.B. No. 18 |
|
||
|
||
relating to protecting the medical freedom and bodily autonomy of | ||
employees with respect to immunization or vaccination status. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The legislature finds that: | ||
(1) the emergence of the COVID-19 pandemic and | ||
corresponding vaccines utilizing new mRNA technology has brought | ||
the question of personal bodily autonomy to the forefront of our | ||
national and state dialogue; | ||
(2) the recently implemented COVID-19 passport | ||
protections extend only to patrons of businesses and not employees; | ||
(3) the arguments in defense of customers' | ||
right-of-access to establishments, goods, and services accompanied | ||
by a freedom to move about unhindered may also be applied to | ||
protecting an individual from being made to choose between | ||
continued employment or taking a vaccine which gives them concerns | ||
due to medical reasons or reasons of conscience; | ||
(4) a primary role of our government is to protect | ||
individual liberties, among which medical freedom and bodily | ||
autonomy are certainly numbered; | ||
(5) employers are not otherwise prevented in Texas | ||
statute from implementing safety precautions for their employees | ||
and customers apart from immunizations or vaccinations; | ||
SECTION 2. Chapter 21, Labor Code, is amended by adding | ||
Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION OR | ||
VACCINATION STATUS | ||
Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON | ||
IMMUNIZATION OR VACCINATION STATUS. (a) An employer commits an | ||
unlawful employment practice if the employer fails or refuses to | ||
hire, discharges, or otherwise discriminates against an individual | ||
with respect to the compensation or the terms, conditions, or | ||
privileges of employment because the individual has not received an | ||
immunization or vaccine. | ||
(b) A labor organization commits an unlawful employment | ||
practice if the labor organization excludes or expels from | ||
membership or otherwise discriminates against an individual | ||
because the individual has not received an immunization or vaccine. | ||
(c) An employment agency commits an unlawful employment | ||
practice if the employment agency classifies or refers for | ||
employment, fails or refuses to refer for employment, or otherwise | ||
discriminates against an individual because the individual has not | ||
received an immunization or vaccine. | ||
SECTION 2. The following provisions are repealed: | ||
(1) Chapter 224, Health and Safety Code; and | ||
(2) Section 42.04305, Human Resources Code. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an unlawful employment practice that occurs on or after the | ||
effective date of this Act. | ||
SECTION 4. 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 the 91st day after the last day of the | ||
legislative session. |