Bill Text: TX HB110 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to COVID-19 vaccination policies and related measures of governmental entities; creating criminal offenses.
Sponsorship: Partisan Bill (Republican 5)
Status: (Introduced - Dead) 2021-10-12 - Referred to State Affairs [HB110 Detail]
Download: Texas-2021-HB110-Introduced.html
| 87S30225 JG-D | ||
| By: Slaton | H.B. No. 110 | |
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| relating to COVID-19 vaccination policies and related measures of | ||
| governmental entities; creating criminal offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.91925 to read as follows: | ||
| Sec. 51.91925. PROHIBITED COVID-19 POLICIES; CRIMINAL | ||
| OFFENSE; REPORTING SYSTEM. (a) In this section: | ||
| (1) "COVID-19" means the 2019 novel coronavirus | ||
| disease. | ||
| (2) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003. | ||
| (b) An institution of higher education may not adopt or | ||
| enforce a policy that: | ||
| (1) prohibits a student from residing in a dormitory | ||
| or other student housing facility or from attending in-person | ||
| classes or meetings based on the student's refusal or failure to be | ||
| vaccinated against COVID-19; or | ||
| (2) discriminates in any manner against a student, in | ||
| relation to the student residing in a dormitory or other student | ||
| housing facility or attending in-person classes or meetings, who | ||
| tests positive for, is exposed to an individual who tests positive | ||
| for, or is experiencing symptoms related to COVID-19 based on the | ||
| student's vaccination status or the student's refusal or failure to | ||
| provide documentation of the student's vaccination against | ||
| COVID-19. | ||
| (c) Subsection (b) does not prohibit an institution of | ||
| higher education from adopting a quarantine policy for a student | ||
| who tests positive for, is exposed to an individual who tests | ||
| positive for, or is experiencing symptoms related to COVID-19 | ||
| provided the policy does not discriminate against the student based | ||
| on the student's vaccination status or the student's refusal or | ||
| failure to provide documentation of the student's vaccination | ||
| against COVID-19. | ||
| (d) An officer or employee of an institution of higher | ||
| education commits an offense if the officer or employee violates | ||
| this section. An offense under this subsection is a misdemeanor | ||
| punishable only by a fine of not less than $1,000 for each | ||
| violation, except that the offense is a Class A misdemeanor if the | ||
| officer or employee has been previously convicted three or more | ||
| times of an offense under this subsection. | ||
| (e) The Department of Public Safety shall develop and | ||
| maintain a reporting system accessible through the department's | ||
| Internet website through which an individual may submit information | ||
| related to a violation of this section and allow criminal justice | ||
| agencies as defined by Article 66.001, Code of Criminal Procedure, | ||
| to access the information for investigation or prosecution of the | ||
| violation. | ||
| SECTION 2. Subchapter A, Chapter 161, Health and Safety | ||
| Code, is amended by adding Section 161.0015 to read as follows: | ||
| Sec. 161.0015. PROHIBITED COVID-19 VACCINATION POLICIES; | ||
| CRIMINAL OFFENSE; REPORTING SYSTEM. (a) In this section: | ||
| (1) "COVID-19" means the 2019 novel coronavirus | ||
| disease. | ||
| (2) "Governmental entity" means this state, a | ||
| political subdivision of this state, or an agency of this state or a | ||
| political subdivision of this state. The term includes an | ||
| institution of higher education as defined by Section 61.003, | ||
| Education Code. | ||
| (b) A governmental entity may not adopt or enforce a policy | ||
| that requires an individual to be vaccinated against COVID-19, | ||
| including a policy requiring a COVID-19 vaccination for the | ||
| individual to: | ||
| (1) obtain a service or benefit provided by the | ||
| governmental entity; | ||
| (2) gain access to an establishment owned or operated | ||
| by the governmental entity; or | ||
| (3) contract with the governmental entity. | ||
| (c) An officer or employee of a governmental entity commits | ||
| an offense if the officer or employee violates this section. An | ||
| offense under this subsection is a misdemeanor punishable only by a | ||
| fine of not less than $1,000 for each violation, except that the | ||
| offense is a Class A misdemeanor if the officer or employee has been | ||
| previously convicted three or more times of an offense under this | ||
| subsection. | ||
| (d) The Department of Public Safety shall develop and | ||
| maintain a reporting system accessible through the department's | ||
| Internet website through which an individual may submit information | ||
| related to a violation of this section and allow criminal justice | ||
| agencies as defined by Article 66.001, Code of Criminal Procedure, | ||
| to access the information for investigation or prosecution of the | ||
| violation. | ||
| SECTION 3. Section 51.91925, Education Code, and Section | ||
| 161.0015, Health and Safety Code, as added by this Act, apply only | ||
| to conduct that occurs on or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect February 1, 2022. | ||
