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

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Bill Title: Relating to exemptions from certain vaccination requirements.

Spectrum: Partisan Bill (Republican 19-0)

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

Download: Texas-2021-HB37-Introduced.html

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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.