Bill Text: TX HB134 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to exemptions from certain vaccination requirements.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-10-12 - Referred to State Affairs [HB134 Detail]
Download: Texas-2021-HB134-Introduced.html
By: Middleton | H.B. No. 134 |
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relating to exemptions from certain vaccination requirements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 21, Labor Code, is amended by adding | ||
Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. DISCRIMINATION BASED ON EXEMPTION FROM REQUIRED | ||
COVID-19 VACCINATION | ||
Sec. 21.421. DEFINITION. In this subchapter, "COVID-19" | ||
means the 2019 novel coronavirus disease, SARS-CoV-2, and any | ||
mutations identified following the initial virus identification. | ||
Sec. 21.422. EXEMPTION FROM REQUIRED COVID-19 VACCINATION. | ||
An employer, labor organization, employment agency or company shall | ||
allow an individual to claim an exemption from a required COVID-19 | ||
vaccination based on a medical condition, reasons of conscience, a | ||
religious belief, a disability or other status identified by the | ||
Texas Commission on Human Rights Act, or previous recovery and | ||
immunity to COVID-19 as evidenced by the detection of antibodies | ||
for COVID-19. | ||
Sec. 21.423. PROHIBITED DISCRIMINATION BASED ON EXEMPTION | ||
FROM REQUIRED COVID-19 VACCINATION. (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 claims an exemption | ||
described by Section 21.422. | ||
(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 claims an exemption described by Section | ||
21.422. | ||
(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 claims | ||
an exemption described by Section 21.422. | ||
(d) A company that contracts with a contractor to perform | ||
work or provide a service commits an unlawful employment practice | ||
if the company excludes, expels, disqualifies or otherwise | ||
discriminates against an individual, whom the contractor employs, | ||
that claims an exemption described by Section 21.422. | ||
Sec. 21.424. COVID-19 VACCINATION EXEMPTION AFFIDAVIT | ||
FORM. (a) An employee claiming an exemption from a required | ||
COVID-19 vaccination must complete and provide to the employee's | ||
employer an affidavit on a form described by Subsection (e) stating | ||
the reason for the exemption. | ||
(b) The affidavit must be signed by the employee claiming | ||
the exemption or, if the employee is a minor, the employee's parent, | ||
managing conservator, or guardian, and the affidavit must be | ||
notarized. | ||
(c) On request of an employee, an employer shall provide to | ||
the employee a blank copy of the vaccination exemption affidavit | ||
form described by Subsection (e). | ||
(d) On receipt of an employee's signed and notarized | ||
affidavit claiming the exemption, the employer shall exempt the | ||
employee from receiving a required COVID-19 vaccination. | ||
(e) The commission shall develop and make available on the | ||
commission's Internet website a blank affidavit form to be used by | ||
an employee who claims an exemption from a required COVID-19 | ||
vaccination. The content of the affidavit form must be the same or | ||
substantially similar to the affidavit form developed under Section | ||
161.0041, Health and Safety Code, except that the form is not | ||
required to contain a seal or other security device under | ||
Subsection (d) of that section. | ||
SECTION 2. Section 224.002(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The policy must [ |
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individual to be exempt from the required vaccines based on reasons | ||
of conscience, including a religious belief. | ||
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. |