Bill Text: TX HB125 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 125 (Prior Session Legislation)

Introduced

Bill Title: Relating to prohibited COVID-19 vaccine passports; providing a civil penalty.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2021-08-09 - Filed [HB125 Detail]

Download: Texas-2021-HB125-Introduced.html

	87S20427 JG-D

	By: Tinderholt	H.B. No. 125



	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibited COVID-19 vaccine passports; providing a
	civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Section 161.0085, Health and
	Safety Code, as added by S.B. No. 968, Acts of the 87th Legislature,
	Regular Session, 2021, is amended to read as follows:
	Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED;
	CIVIL PENALTY.
	SECTION 2. Section 161.0085, Health and Safety Code, as
	added by S.B. No. 968, Acts of the 87th Legislature, Regular
	Session, 2021, is amended by amending Subsections (c), (d), and (e)
	and adding Subsections (c-1) and (f) to read as follows:
	(c) A business in this state may not require a customer or an
	employee of the business to provide any documentation certifying
	the customer's or employee's COVID-19 vaccination or
	post-transmission recovery on entry to, to gain access to, [or] to
	receive service from, or to be employed by the business. A business
	that fails to comply with this subsection is not eligible to receive
	a grant or enter into a contract payable with state funds.
	(c-1) A public or private primary or secondary school in
	this state may not require a student to provide documentation
	certifying the student's COVID-19 vaccination or post-transmission
	recovery for entry or admission to the school. A public or private
	primary or secondary school in this state that fails to comply with
	this subsection is not eligible to receive a grant or enter into a
	contract payable with state funds.
	(d) Notwithstanding any other law, each appropriate state
	agency shall ensure that businesses in this state comply with
	Subsection (c) and [~~may~~] require compliance with that subsection as
	a condition for a license, permit, or other state authorization
	necessary for conducting business in this state.
	(e) This section may not be construed to:
	(1) restrict a business or public or private primary
	or secondary school from implementing COVID-19 screening and
	infection control protocols for customers or students, as
	applicable, in accordance with authoritative or controlling
	government-issued guidance [~~state and federal law~~] to protect
	public health; or
	(2) interfere with an individual's right to access the
	individual's personal health information under federal law.
	(f) A governmental entity, business, or public or private
	primary or secondary school that violates this section is liable to
	this state for a civil penalty in an amount not to exceed $5,000 for
	each violation. The attorney general may bring an action to collect
	the civil penalty imposed under this subsection.
	SECTION 3. Section 161.0085, Health and Safety Code, as
	amended by this Act, applies only to conduct that occurs on or after
	the effective date of this Act. Conduct that occurs before the
	effective date of this Act is governed by the law in effect
	immediately before the effective date of this Act, and the former
	law is continued in effect for that purpose.
	SECTION 4. This Act takes effect December 1, 2021.