Bill Text: TX HB125 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to prohibitions on compliance with and enforcement of federal COVID-19 vaccine mandates; creating criminal offenses.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-09-29 - Filed [HB125 Detail]
Download: Texas-2021-HB125-Introduced.html
87S30363 KKR-D | ||
By: Slaton | H.B. No. 125 |
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relating to prohibitions on compliance with and enforcement of | ||
federal COVID-19 vaccine mandates; creating criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 52, Labor Code, is amended by adding | ||
Subchapter H to read as follows: | ||
SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS | ||
Sec. 52.081. DEFINITIONS. In this subchapter: | ||
(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. | ||
Sec. 52.082. APPLICABILITY OF SUBCHAPTER. (a) This | ||
subchapter applies to the Texas National Guard as if it were a | ||
governmental entity. | ||
(b) This subchapter does not apply to enforcement by an | ||
agency of or a corporation wholly owned by the federal government of | ||
a mandate requiring a full-time employee of the agency or | ||
corporation be vaccinated against COVID-19. | ||
Sec. 52.083. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS | ||
AND RELATED ENFORCEMENT; OFFENSE; PENALTY. (a) A person is not | ||
required to comply with a federal statute, order, rule, or | ||
regulation mandating or purporting to mandate COVID-19 | ||
vaccinations if that vaccination requirement does not exist under | ||
the laws of this state. | ||
(b) A governmental entity or an officer, employee, or other | ||
individual under the direction or control of the entity may not | ||
enforce or attempt to enforce any federal statute, order, rule, or | ||
regulation described by Subsection (a). | ||
(c) A governmental entity or an officer, employee, or other | ||
individual under the direction or control of the entity may not | ||
require a person to respond to or make an appearance in court for an | ||
action or suit filed against the person based on a violation of a | ||
federal statute, order, rule, or regulation described by Subsection | ||
(a). | ||
(d) The attorney general shall defend a governmental entity | ||
in any action or suit filed against the entity based on a violation | ||
of a federal statute, order, rule, or regulation described by | ||
Subsection (a). | ||
(e) An officer, employee, or other individual under the | ||
direction and control of a governmental entity who violates | ||
Subsection (b) commits an offense. An offense under this | ||
subsection is a felony of the third degree. | ||
Sec. 52.084. PROHIBITION ON COOPERATION WITH FEDERAL | ||
GOVERNMENT; OFFENSE; PENALTY. (a) A governmental entity or an | ||
officer, employee, or other person under the direction or control | ||
of a governmental entity, including a sheriff, deputy sheriff, or | ||
other peace officer, may not give force or effect to any court order | ||
that conflicts with this subchapter. | ||
(b) Cooperative agreements with federal agencies | ||
notwithstanding, a law enforcement agency or peace officer in this | ||
state may not assist or cooperate in any way with the enforcement of | ||
any federal statute, order, rule, or regulation described by | ||
Section 52.083(a). | ||
(c) A person commits an offense if, in the person's official | ||
capacity as a federal officer or agent the person knowingly: | ||
(1) enforces or attempts to enforce any federal | ||
statute, order, rule, or regulation described by Section 52.083(a); | ||
or | ||
(2) assists a person acting in an official capacity as | ||
an officer or agent of the federal government in enforcing or | ||
attempting to enforce any federal statute, order, rule, or | ||
regulation described by Section 52.083(a). | ||
(d) An offense under Subsection (c) is a felony of the third | ||
degree. | ||
Sec. 52.085. ENFORCEMENT OF SUBCHAPTER. (a) The attorney | ||
general shall enforce this subchapter by injunction and any other | ||
available remedy. | ||
(b) The governor shall take any action within the governor's | ||
powers to enforce this subchapter. | ||
(c) Each governmental entity shall enforce this subchapter. | ||
(d) A peace officer shall arrest a person who commits an | ||
offense under Section 52.083 or 52.084 and an attorney representing | ||
the state shall prosecute the offense. | ||
SECTION 2. Any federal statute, order, rule, regulation, | ||
treaty, or court decision that purports to supersede, stay, or | ||
overrule this Act is in violation of the Texas Constitution and the | ||
United States Constitution and is therefore void. The State of | ||
Texas, a governmental entity of this state, and any agent of this | ||
state or a governmental entity of this state may, but is not | ||
required to, enter an appearance, special or otherwise, in any | ||
federal suit challenging this Act. | ||
SECTION 3. 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. |