Bill Text: TX SB36 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas Senate Bill 36 (Prior Session Legislation)

Introduced

Bill Title: Relating to prohibitions on the use of state money to enforce federal vaccine or treatment mandates and on required COVID-19 vaccinations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2021-10-15 - Co-author authorized [SB36 Detail]

Download: Texas-2021-SB36-Introduced.html

	87S30070 SRA/KKR-D

	By: Hall	S.B. No. 36



	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibitions on the use of state money to enforce
	federal vaccine or treatment mandates and on required COVID-19
	vaccinations.
	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 161.0065 to read as follows:
	Sec. 161.0065. PROHIBITION ON USE OF STATE MONEY TO ENFORCE
	FEDERAL VACCINE OR TREATMENT MANDATES. (a) In this section,
	"governmental entity" means this state, a political subdivision of
	this state, or an agency of this state or a political subdivision of
	this state. The term includes an institution of higher education as
	defined by Section 61.003, Education Code.
	(b) A governmental entity or a private entity that receives
	money from this state may not use state money or any other state
	resource to enforce a federal statute, order, rule, or regulation
	mandating vaccines or other invasive health care treatments.
	SECTION 2. Chapter 52, Labor Code, is amended by adding
	Subchapter H to read as follows:
	SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS
	Sec. 52.081. DEFINITIONS. In this subchapter:
	(1) "COVID-19" means the 2019 novel coronavirus
	disease.
	(2) "Employer" means a person who employs one or more
	employees.
	(3) "Governmental entity" means this state, a
	political subdivision of this state, or an agency of this state or a
	political subdivision of this state. The term includes an
	institution of higher education as defined by Section 61.003,
	Education Code.
	Sec. 52.082. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS
	AND RELATED ENFORCEMENT. (a) An employer is not required to comply
	with a federal statute, order, rule, or regulation mandating
	employer-required COVID-19 vaccinations if that vaccination
	requirement does not exist under the laws of this state.
	(b) A governmental entity or person employed by or otherwise
	under the direction or control of the entity may not enforce or
	attempt to enforce any federal statute, order, rule, or regulation
	described by Subsection (a).
	SECTION 3. Any federal statute, order, rule, regulation,
	treaty, or court decision that purports to supersede, stay, or
	overrule this Act is in violation of the Texas Constitution and the
	United States Constitution and is therefore void. The State of
	Texas, a governmental entity of this state, and any agent of this
	state or a governmental entity of this state may, but is not
	required to, enter an appearance, special or otherwise, in any
	federal suit challenging 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.