Bill Text: TX HB167 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to civil liability for certain vaccine requirements or incentives.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-10-12 - Filed [HB167 Detail]
Download: Texas-2021-HB167-Introduced.html
By: Slawson | H.B. No. 167 |
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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. |