Bill Text: TX HB167 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas House Bill 167 (Prior Session Legislation)

Introduced

Bill Title: Relating to civil liability for certain vaccine requirements or incentives.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-10-12 - Filed [HB167 Detail]

Download: Texas-2021-HB167-Introduced.html



	By: Slawson	H.B. No. 167



	A BILL TO BE ENTITLED
	AN ACT
	relating to civil liability for certain vaccine requirements or
	incentives.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 4, Civil Practice and Remedies Code, is
	amended by adding Chapter 100B to read as follows:
	CHAPTER 100B. LIABILITY FOR MANDATED OR INCENTIVIZED VACCINATION
	Sec. 100B.001. DEFINITIONS.
	(1) "Employer" means, unless otherwise specified, a
	person who makes a contract of hire or employs one or more
	employees.
	(2) "Employee" means a person in the service of
	another under a contract of hire, whether express or implied, or
	oral or written, and includes an independent contractor.
	(3) "Person" is defined as set forth in Texas Business
	and Commerce Code Section 1.201.
	Sec. 100B.002. LIABILITY FOR VACCINE REQUIREMENT OR
	INCENTIVE IN EMPLOYMENT. An employee may bring an action against
	the employer for actual damages caused by a vaccine if:
	(1) the employer:
	(A) requires the employee to receive the vaccine
	as a condition of employment; or
	(B) incentivizes the employee's receipt of the
	vaccine through any form of remuneration, compensation, or benefit;
	and
	(2) the employee receives the vaccine on account of
	the employer's requirement or incentive.
	Sec. 100B.003. LIABILITY FOR REQUIRING OR INCENTIVIZING
	VACCINE TO RECEIVE GOODS OR SERVICES. An individual may bring an
	action against a person for actual damages caused by a vaccine if:
	(1) the person:
	(A) requires the individual to receive the
	vaccine as a condition of receiving goods or services offered in
	this state by the person; or
	(B) incentivizes through any form of
	remuneration, compensation, benefit, or discount, the individual
	to receive the vaccine in connection with the provision of goods or
	services in this state to the individual; and
	(2) the individual receives the vaccine on account of
	the person's requirement or incentive.
	Sec. 100B.004. LIMITATIONS PERIOD. A claimant must bring
	suit under this chapter not later than four years after the day the
	claimant knew, or reasonably should have known, of the injury or
	damages giving rise to the person's cause of action.
	Sec. 100B.005. WAIVER OR LIMITATION VOID. A person may not
	waive or limit a right or remedy granted by this chapter. A
	purported waiver or limitation of any right or remedy granted by
	this chapter is void.
	SECTION 2. Chapter 100B, Civil Practice and Remedies Code,
	as added by this Act, applies only to a cause of action that accrues
	on or after the effective date of this Act.
	SECTION 3. This Act takes effect on the 91st day after the
	last day of the legislative session.