Bill Text: TX HB182 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to exemptions from certain vaccination requirements.
Sponsorship: Partisan Bill (Republican 25)
Status: (Introduced - Dead) 2021-08-16 - Filed [HB182 Detail]
Download: Texas-2021-HB182-Introduced.html
| 87S20833 KKR-D | ||
| By: Noble | H.B. No. 182 | |
|
|
||
|
|
||
| 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. | ||
| Sec. 21.422. EXEMPTION FROM REQUIRED COVID-19 VACCINATION. | ||
| An employer, labor organization, or employment agency shall allow | ||
| an individual to claim an exemption from a required COVID-19 | ||
| vaccination based on a medical condition or reasons of conscience, | ||
| including a religious belief. | ||
| 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. | ||
| 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 [ |
||
| 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. | ||
