Bill Text: TX SB302 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to employer civil liability for a vaccine requirement imposed on the employer's employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB302 Detail]
Download: Texas-2023-SB302-Introduced.html
| 88R3247 SCL-D | ||
| By: Hall | S.B. No. 302 | |
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| relating to employer civil liability for a vaccine requirement | ||
| imposed on the employer's employees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 100B to read as follows: | ||
| CHAPTER 100B. LIABILITY FOR VACCINE REQUIREMENTS | ||
| Sec. 100B.001. EMPLOYER LIABILITY FOR VACCINE | ||
| REQUIREMENTS. (a) Notwithstanding Section 408.001, Labor Code, | ||
| and except as provided by Subsection (b) of this section, an | ||
| employee or the employee's legal representative if the employee is | ||
| deceased or incapacitated may bring an action against the | ||
| employee's employer for damages arising from adverse health events | ||
| that are a result of the employer's vaccine requirement for | ||
| employees. | ||
| (b) This section does not apply to an employer that accepts | ||
| the following exemptions from the employer's vaccine requirement | ||
| for employees: | ||
| (1) the employee has reasons of conscience, including | ||
| a religious belief, that conflict with the employer's vaccine | ||
| requirement; and | ||
| (2) the vaccination is medically contraindicated | ||
| based on the opinion of a physician who has examined the employee. | ||
| (c) A court may award a claimant who prevails in an action | ||
| brought under this section reasonable attorney's fees and court | ||
| costs. | ||
| SECTION 2. Section 100B.001, Civil Practice and Remedies | ||
| Code, as added by this Act, applies only to a cause of action that | ||
| accrues 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. | ||
