88S30430 SRA-F
 
  By: Hall S.B. No. 41
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited vaccination status discrimination and
  requirements for COVID-19 vaccines; authorizing administrative
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  PROHIBITED COVID-19 VACCINATION STATUS DISCRIMINATION
         SECTION 1.01.  Subtitle C, Title 5, Business & Commerce
  Code, is amended by adding Chapter 122 to read as follows:
  CHAPTER 122.  PROHIBITED DISCRIMINATION BASED ON COVID-19
  VACCINATION STATUS
         Sec. 122.001.  DEFINITIONS. In this chapter:
               (1)  "COVID-19" means the 2019 novel coronavirus
  disease.
               (2)  "Public accommodation" means a disposition,
  service, financial aid, or benefit provided to members of the
  public.
         Sec. 122.002.  DISCRIMINATION PROHIBITED. A person may not
  discriminate against or refuse to provide a public accommodation to
  an individual based on the individual's COVID-19 vaccination status
  by:
               (1)  providing to the individual a public accommodation
  that is different or provided in a different manner than the
  accommodation provided or manner of providing the accommodation to
  other members of the public;
               (2)  subjecting the individual to segregation or
  separate treatment in any matter related to providing the public
  accommodation to the individual;
               (3)  restricting in any way the individual's enjoyment
  of a public accommodation in a manner that distinguishes the
  individual's enjoyment from the enjoyment of other members of the
  public;
               (4)  treating the individual differently from other
  members of the public in determining whether the individual
  satisfies any admission, enrollment, quota, eligibility,
  membership, or other requirement or condition that individuals must
  satisfy before a public accommodation is provided; or
               (5)  denying the individual an opportunity to
  participate in a program in a manner that differs from the manner
  the opportunity is provided to other members of the public.
         Sec. 122.003.  COMPLAINT; EQUITABLE RELIEF. (a) A person may
  file a complaint with the attorney general if the person asserts
  facts supporting an allegation that another person has violated
  Section 122.002. The person filing the complaint must include a
  sworn affidavit stating that, to the person's knowledge, all of the
  facts asserted in the complaint are true and correct.
         (b)  If the attorney general determines that a complaint
  filed under Subsection (a) is valid, the attorney general may file a
  petition for a writ of mandamus or apply for other appropriate
  equitable relief in a district court in Travis County or in a county
  in which the person against whom relief is sought resides to compel
  the person to comply with Section 122.002.
         Sec. 122.004.  EFFECT ON OTHER LAW. This chapter prevails to
  the extent of a conflict between this chapter and any other law.
         SECTION 1.02.  Subchapter A, Chapter 161, Health and Safety
  Code, is amended by adding Sections 161.0057 and 161.0086 to read as
  follows:
         Sec. 161.0057.  LONG-TERM CARE FACILITY: PROHIBITED
  DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS. (a) In this
  section:
               (1)  "COVID-19" means the 2019 novel coronavirus
  disease.
               (2)  "Long-term care facility" means a facility
  licensed or regulated under Chapter 242, 247, or 252.
         (b)  A long-term care facility may not refuse to provide
  services to a resident based on the resident's COVID-19 vaccination
  status.
         (c)  A long-term care facility that violates this section is
  ineligible to receive state money for services provided to
  residents.
         (d)  A violation of this section is a violation of the
  long-term care facility's applicable licensing law and subjects the
  facility to disciplinary action and the imposition of
  administrative penalties under that law.
         (e)  This section prevails to the extent of a conflict
  between this section and any other law.
         Sec. 161.0086.  PROHIBITED DISCRIMINATION BASED ON COVID-19
  VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019
  novel coronavirus disease.
         (b)  A health care provider or health care facility may not
  refuse to provide a health care service to a patient because the
  patient has not received a COVID-19 vaccine.
         (c)  A health care facility providing clinical experience to
  satisfy a student's degree requirements may not discriminate
  against a student or prohibit admission, enrollment, or employment
  as a student, intern, or resident based on the student's COVID-19
  vaccination status.
         (d)  Notwithstanding any other law, a health care provider or
  health care facility that violates this section is ineligible to
  receive state money for health care services provided to patients.
         (e)  A violation of this section is a violation of the health
  care provider's or health care facility's applicable licensing law
  and subjects the facility or provider to disciplinary action and
  the imposition of administrative penalties under that law.
         (f)  This section prevails to the extent of a conflict
  between this section and any other law.
         SECTION 1.03.  Chapter 544, Insurance Code, is amended by
  adding Subchapter O to read as follows:
  SUBCHAPTER O.  COVID-19 VACCINATION STATUS
         Sec. 544.701.  DEFINITIONS. In this subchapter:
               (1)  "COVID-19" means the 2019 novel coronavirus
  disease.
               (2)  "Health benefit plan issuer" means an issuer,
  administrator, or sponsor of a health benefit plan described by
  Section 544.702.
               (3)  "Participating provider" means a health care
  provider who has contracted with a health benefit plan issuer to
  provide services to enrollees.
         Sec. 544.702.  APPLICABILITY OF SUBCHAPTER. (a)  This
  subchapter applies only to a health benefit plan that provides
  benefits for medical or surgical expenses incurred as a result of a
  health condition, accident, or sickness, including a group,
  blanket, or franchise insurance policy or insurance agreement, a
  group hospital service contract, or a group evidence of coverage or
  similar coverage document that is offered by:
               (1)  an insurance company;
               (2)  a group hospital service corporation operating
  under Chapter 842;
               (3)  a health maintenance organization operating under
  Chapter 843;
               (4)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844;
               (5)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846;
               (6)  a stipulated premium company operating under
  Chapter 884;
               (7)  a fraternal benefit society operating under
  Chapter 885;
               (8)  a Lloyd's plan operating under Chapter 941; or
               (9)  an exchange operating under Chapter 942.
         (b)  Notwithstanding any other law, this subchapter applies
  to:
               (1)  a small employer health benefit plan subject to
  Chapter 1501, including coverage provided through a health group
  cooperative under Subchapter B of that chapter;
               (2)  a standard health benefit plan issued under
  Chapter 1507;
               (3)  a basic coverage plan under Chapter 1551;
               (4)  a basic plan under Chapter 1575;
               (5)  a primary care coverage plan under Chapter 1579;
               (6)  a plan providing basic coverage under Chapter
  1601;
               (7)  health benefits provided by or through a church
  benefits board under Subchapter I, Chapter 22, Business
  Organizations Code;
               (8)  the state Medicaid program, including the Medicaid
  managed care program operated under Chapter 533, Government Code;
               (9)  the child health plan program under Chapter 62,
  Health and Safety Code;
               (10)  a regional or local health care program operated
  under Section 75.104, Health and Safety Code;
               (11)  a self-funded health benefit plan sponsored by a
  professional employer organization under Chapter 91, Labor Code;
               (12)  county employee group health benefits provided
  under Chapter 157, Local Government Code; and
               (13)  health and accident coverage provided by a risk
  pool created under Chapter 172, Local Government Code.
         (c)  This subchapter applies to a life insurance company
  that:
               (1)  issues or delivers a life insurance policy in this
  state; or
               (2)  is organized under the laws of this state.
         Sec. 544.703.  PROHIBITED DISCRIMINATION AGAINST
  INDIVIDUAL. A group health benefit plan issuer or a life insurance
  company may not use an individual's COVID-19 vaccination status to:
               (1)  reject, deny, limit, cancel, refuse to renew, or
  increase the premiums for coverage of the individual under a plan
  offered by the issuer or company;
               (2)  limit the amount, extent, or kind of coverage
  available to the individual; or 
               (3)  otherwise adversely affect the individual's
  eligibility for coverage.
         Sec. 544.704.  PROHIBITED DISCRIMINATION IN GROUP PLAN
  RATING. The COVID-19 vaccination status of individuals covered
  under a group health benefit plan that provides coverage in this
  state may not be used as a factor in the rating of the plan.
         Sec. 544.705.  PROHIBITED DISCRIMINATION AGAINST
  PARTICIPATING PROVIDER. (a)  A health benefit plan issuer may not
  use the COVID-19 vaccination status of a health care provider's
  patients as a qualification or requirement for contracting with the
  provider or as a basis for terminating a contract with the provider.
         (b)  A health benefit plan issuer may not use the COVID-19
  vaccination status of enrollees as a factor in providing a
  financial incentive or assessing a financial or other penalty
  against a participating provider.
         Sec. 544.706.  EFFECT ON OTHER LAW. This subchapter
  prevails to the extent of a conflict between this subchapter and any
  other law.
         SECTION 1.04.  Chapter 21, Labor Code, is amended by adding
  Subchapter H-1 to read as follows:
  SUBCHAPTER H-1.  VACCINATION STATUS DISCRIMINATION
         Sec. 21.421.  PROHIBITED DISCRIMINATION BASED ON COVID-19
  VACCINATION STATUS. (a) In this subchapter, "COVID-19" means the
  2019 novel coronavirus disease.
         (b)  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 a COVID-19 vaccine.
         (c)  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 a COVID-19 vaccine.
         (d)  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 a COVID-19 vaccine.
         (e)  An employer, labor organization, or employment agency
  commits an unlawful employment practice if the employer, labor
  organization, or employment agency limits, segregates, or
  classifies an employee, member, or applicant for employment or
  membership in a way that would deprive or tend to deprive the
  employee, member, or applicant of employment opportunities or
  otherwise adversely affect the status of the employee, member, or
  applicant because the employee, member, or applicant has not
  received a COVID-19 vaccine.
         Sec. 21.422.  EFFECT ON OTHER LAW. This subchapter prevails
  to the extent of a conflict between this subchapter and any other
  law.
         SECTION 1.05.  Title 2, Occupations Code, is amended by
  adding Chapter 61 to read as follows:
  CHAPTER 61. VACCINATION STATUS DISCRIMINATION
         Sec. 61.001.  PROHIBITED DISCRIMINATION BASED ON COVID-19
  VACCINATION STATUS. (a) In this chapter, "COVID-19" means the 2019
  novel coronavirus disease.
         (b)  A licensing authority may not deny an application for an
  occupational license, suspend, revoke, or refuse to renew an
  occupational license, or take any other disciplinary action against
  an individual based on:
               (1)  the individual's COVID-19 vaccination status; or
               (2)  the individual's refusal to receive a COVID-19
  vaccine.
         Sec. 61.002.  EFFECT ON OTHER LAW. This chapter prevails to
  the extent of a conflict between this chapter and any other law.
         SECTION 1.06.  Subtitle A, Title 3, Occupations Code, is
  amended by adding Chapter 103A to read as follows:
  CHAPTER 103A. RIGHT TO OBJECT TO COVID-19 VACCINATIONS
         Sec. 103A.001.  DEFINITION.  In this chapter, "COVID-19" 
  means the 2019 novel coronavirus disease.
         Sec. 103A.002.  RIGHT TO OBJECT. A hospital or other health
  care facility may not require as a condition of employment that an
  employee, including a physician, nurse, or staff member, receive a
  COVID-19 vaccine.
         Sec. 103A.003.  DISCRIMINATION PROHIBITED. (a)  A hospital
  or other health care facility may not discriminate against an
  employee, including a physician, nurse, or staff member, or an
  applicant who refuses to receive a COVID-19 vaccine.
         (b)  An educational institution may not discriminate against
  an applicant for admission or employment as a student, intern, or
  resident based on:
               (1)  the applicant's vaccination status with respect to
  a COVID-19 vaccine; or
               (2)  the applicant's refusal to receive a COVID-19
  vaccine.
         Sec. 103A.004.  REMEDIES. A person aggrieved by a violation
  of this chapter may bring an action against a hospital, other health
  care facility, or educational institution that administers a
  hospital or other health care facility in a district court in the
  county where the hospital, facility, or institution is located for:
               (1)  an injunction against any further violation;
               (2)  appropriate equitable relief, including:
                     (A)  admission or reinstatement of employment;
  and
                     (B)  back pay and 10 percent interest on the back
  pay; and
               (3)  any other relief necessary to ensure compliance
  with this chapter.
         Sec. 103A.005.  EFFECT ON OTHER LAW. This chapter prevails
  to the extent of a conflict between this chapter and any other law.
         SECTION 1.07.  Subchapter A, Chapter 521, Transportation
  Code, is amended by adding Section 521.016 to read as follows:
         Sec. 521.016.  PROHIBITED DISCRIMINATION BASED ON COVID-19
  VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019
  novel coronavirus disease.
         (b)  The department may not use an individual's COVID-19
  vaccination status as a requirement for the issuance or renewal of a
  driver's license, election identification certificate, or personal
  identification certificate.
         (c)  The department may not discriminate against, deny
  services or access to, or otherwise penalize any individual for not
  receiving a COVID-19 vaccine or not providing proof of receiving a
  COVID-19 vaccine.
         (d)  This section prevails to the extent of a conflict
  between this section and any other law.
  ARTICLE 2.  PROHIBITED COVID-19 VACCINATION REQUIREMENTS
         SECTION 2.01.  Section 38.001(b), Education Code, as amended
  by Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted and amended to
  read as follows:
         (b)  Subject to Subsections (b-1), (b-2), and (c), the
  executive commissioner of the Health and Human Services Commission
  may modify or delete any of the immunizations in Subsection (a) or
  may require immunizations against additional diseases as a
  requirement for admission to any elementary or secondary school.
         SECTION 2.02.  Section 38.001, Education Code, is amended by
  adding Subsection (b-2) to read as follows:
         (b-2)  A student may not be required, as a condition of the
  student's admission to any elementary or secondary school, to
  receive a vaccine for the 2019 novel coronavirus disease
  (COVID-19).
         SECTION 2.03.  Section 51.933, Education Code, is amended by
  amending Subsection (b) and adding Subsection (b-2) to read as
  follows:
         (b)  Except as provided by Subsection (b-2), the [The]
  executive commissioner of the Health and Human Services Commission
  may require immunizations against the diseases listed in Subsection
  (a) and additional diseases for students at any institution of
  higher education who are pursuing a course of study in a human or
  animal health profession, and the executive commissioner may
  require those immunizations for any students in times of an
  emergency or epidemic in a county where the commissioner of state
  health services has declared such an emergency or epidemic.
         (b-2)  An applicant for admission may not be required to
  receive a vaccine for the 2019 novel coronavirus disease
  (COVID-19).
         SECTION 2.04.  Section 81.023, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The department, in developing immunization requirements
  under this section, may not require a child to receive a vaccine for
  the 2019 novel coronavirus disease (COVID-19).
         SECTION 2.05.  Section 81.082, Health and Safety Code, is
  amended by adding Subsection (c-2) to read as follows:
         (c-2)  In administering a control measure under this
  subchapter, the department or a health authority may not require an
  individual to receive a vaccine for the 2019 novel coronavirus
  disease (COVID-19).
         SECTION 2.06.  Section 161.004(f), Health and Safety Code,
  is amended to read as follows:
         (f)  The executive commissioner shall adopt rules that are
  necessary to administer this section. In adopting the rules, the
  executive commissioner may not require a child to receive a vaccine
  for the 2019 novel coronavirus disease (COVID-19).
         SECTION 2.07.  Section 161.005, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  The department, the executive commissioner, a facility,
  or a physician may not require a child to receive a vaccine for the
  2019 novel coronavirus disease (COVID-19).
         SECTION 2.08.  Section 224.002, Health and Safety Code, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  The policy may not require a covered individual to
  receive a vaccine for the 2019 novel coronavirus disease
  (COVID-19).
         SECTION 2.09.  Section 42.043, Human Resources Code, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  Notwithstanding Subsections (b) and (c), a child may
  not be required to receive a vaccine for the 2019 novel coronavirus
  disease (COVID-19).
         SECTION 2.10.  Section 42.04305, Human Resources Code, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  The policy may not require a facility employee to
  receive a vaccine for the 2019 novel coronavirus disease
  (COVID-19).
  ARTICLE 3.  TRANSITION AND EFFECTIVE DATE
         SECTION 3.01.  Each facility subject to Chapter 224, Health
  and Safety Code, as amended by this Act, or Section 42.04305, Human
  Resources Code, as amended by this Act, shall modify the facility's
  vaccine-preventable disease policy to conform with the changes in
  law made by this Act not later than March 1, 2024.
         SECTION 3.02.  (a)  Subchapter O, Chapter 544, Insurance
  Code, as added by this Act, applies only to a health benefit plan or
  insurance policy delivered, issued for delivery, or renewed on or
  after March 1, 2024.
         (b)  Section 544.705, Insurance Code, as added by this Act,
  applies only to a contract entered into on or after the effective
  date of this Act.
         SECTION 3.03.  (a)  The changes in law made by this Act to
  Title 2, Education Code, apply starting with the 2024-2025 school
  year.
         (b)  The changes in law made by this Act to Title 3, Education
  Code, apply starting with the 2024-2025 academic year.
         SECTION 3.04.  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.