Bill Text: TX HB37 | 2021 | 87th Legislature 3rd Special Session | Introduced


Bill Title: Relating to exemptions from certain vaccination requirements.

Spectrum: Partisan Bill (Republican 19-0)

Status: (Introduced) 2021-10-12 - Referred to State Affairs [HB37 Detail]

Download: Texas-2021-HB37-Introduced.html
 
 
  By: Noble H.B. No. 37
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [may] include procedures for a covered
  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.
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