Bill Text: TX HB3475 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to exemptions from COVID-19 vaccine requirements and vaccination status discrimination.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [HB3475 Detail]
Download: Texas-2023-HB3475-Introduced.html
| 88R9373 MCF-D | ||
| By: Leach | H.B. No. 3475 | |
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| relating to exemptions from COVID-19 vaccine requirements and | ||
| vaccination status discrimination. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 161, Health and Safety | ||
| Code, is amended by adding Section 161.0086 to read as follows: | ||
| Sec. 161.0086. EXEMPTIONS FROM COVID-19 VACCINE | ||
| REQUIREMENTS. (a) In this section: | ||
| (1) "COVID-19" means the 2019 novel coronavirus | ||
| disease. | ||
| (2) "Employer," "employment agency," and "labor | ||
| organization" have the meanings assigned by Section 21.002, Labor | ||
| Code. | ||
| (b) This section does not apply to a health care entity that | ||
| provides care to an individual who: | ||
| (1) is immunocompromised; | ||
| (2) is medically fragile; or | ||
| (3) provides care to individuals who are not eligible | ||
| to be vaccinated against COVID-19. | ||
| (c) Notwithstanding any other law, a law, policy, or other | ||
| measure requiring an individual in this state to be vaccinated | ||
| against COVID-19 to enter or gain access to, receive a service from, | ||
| or be employed by an establishment must allow the individual to | ||
| claim an exemption from the vaccination requirement based on: | ||
| (1) the individual's acquired immunity against | ||
| COVID-19 through post-transmission recovery; | ||
| (2) a medical condition; or | ||
| (3) reasons of conscience, including a religious | ||
| belief. | ||
| (d) An establishment that fails to comply with Subsection | ||
| (c) is not eligible to receive a grant or enter into a contract | ||
| payable with state money. | ||
| (e) An employer commits an unlawful employment practice for | ||
| purposes of Chapter 21, Labor Code, 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 Subsection (c) and is subject to | ||
| enforcement in the manner provided by Subchapter F of that chapter. | ||
| (f) A labor organization commits an unlawful employment | ||
| practice for purposes of Chapter 21, Labor Code, if the labor | ||
| organization excludes or expels from membership or otherwise | ||
| discriminates against an individual because the individual claims | ||
| an exemption described by Subsection (c) and is subject to | ||
| enforcement in the manner provided by Subchapter F of that chapter. | ||
| (g) An employment agency commits an unlawful employment | ||
| practice for purposes of Chapter 21, Labor Code, 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 | ||
| Subsection (c) and is subject to enforcement in the manner provided | ||
| by Subchapter F of that chapter. | ||
| SECTION 2. Section 161.0086, Health and Safety Code, as | ||
| added by this Act, applies only to conduct or an unlawful employment | ||
| practice that occurs on or after the effective date of this Act. | ||
| SECTION 3. 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 September 1, 2023. | ||
