Bill Text: TX HB39 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to protecting the medical freedom and bodily autonomy of employees with respect to immunization or vaccination status.
Sponsorship: Partisan Bill (Republican 8)
Status: (Introduced - Dead) 2021-08-06 - Filed [HB39 Detail]
Download: Texas-2021-HB39-Introduced.html
| By: Toth | H.B. No. 39 | |
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| relating to protecting the medical freedom and bodily autonomy of | ||
| employees with respect to immunization or vaccination status. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The legislature finds that: | ||
| (1) the emergence of the COVID-19 pandemic and | ||
| corresponding vaccines utilizing new mRNA technology has brought | ||
| the question of personal bodily autonomy to the forefront of our | ||
| national and state dialogue; | ||
| (2) the recently implemented COVID-19 passport | ||
| protections extend only to patrons of businesses and not employees; | ||
| (3) the arguments in defense of customers' | ||
| right-of-access to establishments, goods, and services accompanied | ||
| by a freedom to move about unhindered may also be applied to | ||
| protecting an individual from being made to choose between | ||
| continued employment or taking a vaccine which gives them concerns | ||
| due to medical reasons or reasons of conscience; | ||
| (4) a primary role of our government is to protect | ||
| individual liberties, among which medical freedom and bodily | ||
| autonomy are certainly numbered; | ||
| (5) employers are not otherwise prevented in Texas | ||
| statute from implementing safety precautions for their employees | ||
| and customers apart from immunizations or vaccinations; | ||
| SECTION 2. Chapter 21, Labor Code, is amended by adding | ||
| Subchapter H-1 to read as follows: | ||
| SUBCHAPTER H-1. DISCRIMINATION BASED ON IMMUNIZATION OR | ||
| VACCINATION STATUS | ||
| Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON | ||
| IMMUNIZATION OR VACCINATION STATUS. (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 has not received an | ||
| immunization or vaccine. | ||
| (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 has not received an immunization or vaccine. | ||
| (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 has not | ||
| received an immunization or vaccine. | ||
| SECTION 2. The following provisions are repealed: | ||
| (1) Chapter 224, Health and Safety Code; and | ||
| (2) Section 42.04305, Human Resources Code. | ||
| 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. | ||
