Bill Text: TX HB137 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas House Bill 137 (Prior Session Legislation)

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.

Spectrum: Partisan Bill (Republican 11-0)

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



	A BILL TO BE ENTITLED
	AN ACT
	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.