Bill Text: TX HB137 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a prohibition on certain companies that receive governmental contracts or financial benefits from requiring employees to receive a COVID-19 vaccination; authorizing a civil penalty.
Sponsorship: Partisan Bill (Republican 11)
Status: (Introduced - Dead) 2021-10-12 - Referred to State Affairs [HB137 Detail]
Download: Texas-2021-HB137-Introduced.html
| 87S30255 RDS-D | ||
| By: Harris | H.B. No. 137 | |
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| relating to a prohibition on certain companies that receive | ||
| governmental contracts or financial benefits from requiring | ||
| employees to receive a COVID-19 vaccination; authorizing a civil | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 10, Government Code, is | ||
| amended by adding Chapter 2278 to read as follows: | ||
| CHAPTER 2278. CERTAIN MANDATORY VACCINATIONS PROHIBITED | ||
| Sec. 2278.001. DEFINITIONS. In this chapter: | ||
| (1) "Company" has the meaning assigned by Section | ||
| 808.001. | ||
| (2) "COVID-19" means the 2019 novel coronavirus | ||
| disease. | ||
| (3) "Listed financial benefit" means a financial | ||
| benefit listed by rule adopted under Section 2278.002(2). | ||
| (4) "Political subdivision" means a county, | ||
| municipality, school district, special purpose district, or other | ||
| subdivision of state government that has jurisdiction limited to a | ||
| geographic portion of the state. | ||
| (5) "State agency" has the meaning assigned by Section | ||
| 609.001. | ||
| (6) "Tax preference" means a credit, discount, | ||
| exclusion, exemption, refund, special valuation, special | ||
| accounting treatment, special rate, or special method of reporting | ||
| authorized by state law that relates to a state or local tax imposed | ||
| in this state. | ||
| Sec. 2278.002. LISTED FINANCIAL BENEFITS. The comptroller | ||
| shall: | ||
| (1) identify each financial benefit, other than a | ||
| contract, offered by a state agency or political subdivision to a | ||
| company that is organized or doing business in this state, | ||
| including a grant, low-interest loan, tax preference, or other | ||
| financial incentive; and | ||
| (2) by rule adopt a list of each financial benefit | ||
| identified under Subdivision (1). | ||
| Sec. 2278.003. MANDATORY VACCINATION BY COMPANY RECEIVING | ||
| LISTED FINANCIAL BENEFIT PROHIBITED. A company that receives a | ||
| listed financial benefit may not require, as a condition of | ||
| employment, an employee to receive a COVID-19 vaccination. | ||
| Sec. 2278.004. ENFORCEMENT; CIVIL PENALTY FOR VIOLATION BY | ||
| COMPANY. (a) A company that violates Section 2278.003 is liable to | ||
| this state for a civil penalty in the amount of $5,000 for each | ||
| violation. Each day a violation continues is considered a separate | ||
| violation for purposes of this subsection. | ||
| (b) A resident of this state may file a complaint with the | ||
| attorney general alleging that a company is in violation of Section | ||
| 2278.003. The resident must include with the complaint a signed | ||
| statement describing the violation. | ||
| (c) If, based on an investigation, the attorney general | ||
| determines that a violation of Section 2278.003 has occurred, the | ||
| attorney general shall provide the company with a written notice | ||
| that: | ||
| (1) describes the violation; | ||
| (2) states the amount of the proposed civil penalty | ||
| for the violation; and | ||
| (3) requires the company to cure the violation on or | ||
| before the seventh day after the date the notice is received to | ||
| avoid the civil penalty. | ||
| (d) If a company does not cure the violation on or before the | ||
| seventh day after the date notice under Subsection (c) is received, | ||
| the attorney general may sue to collect the civil penalty. | ||
| (e) A suit or petition under this section may be filed in a | ||
| district court in Travis County. | ||
| (f) The attorney general may recover reasonable expenses | ||
| incurred in obtaining relief under this section, including court | ||
| costs, reasonable attorney's fees, investigative costs, witness | ||
| fees, and deposition costs. | ||
| Sec. 2278.005. PROVISION REQUIRED IN CONTRACT. A state | ||
| agency or political subdivision may not enter into a contract with a | ||
| company for goods or services unless the contract contains a | ||
| written verification from the company that it does not, and will not | ||
| during the term of the contract, require, as a condition of | ||
| employment, an employee to receive a COVID-19 vaccination. | ||
| SECTION 2. The comptroller of public accounts shall adopt | ||
| the list described by Section 2278.002, Government Code, as added | ||
| by this Act, not later than February 1, 2022. | ||
| SECTION 3. Section 2278.005, Government Code, as added by | ||
| this Act, applies only to a contract for which a state agency or | ||
| political subdivision first advertises or otherwise solicits bids, | ||
| proposals, offers, or qualifications or makes a similar | ||
| solicitation on or after the effective date of this Act. A contract | ||
| for which a state agency or political subdivision first advertises | ||
| or otherwise solicits bids, proposals, offers, or qualifications or | ||
| makes a similar solicitation before that date is governed by the law | ||
| in effect on the date the advertisement or solicitation is made, and | ||
| the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
