Bill Text: TX SB51 | 2021 | 87th Legislature 3rd Special Session | Comm Sub
Bill Title: Relating to prohibited COVID-19 vaccine mandates and vaccination status discrimination and to exemptions from certain vaccine requirements.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-10-18 - Co-author authorized [SB51 Detail]
Download: Texas-2021-SB51-Comm_Sub.html
By: Hughes | S.B. No. 51 | |
(In the Senate - Filed October 12, 2021; October 12, 2021, | ||
read first time and referred to Committee on State Affairs; | ||
October 14, 2021, reported favorably by the following vote: | ||
Yeas 5, Nays 3; October 14, 2021, sent to printer.) | ||
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relating to prohibited COVID-19 vaccine mandates and vaccination | ||
status discrimination and to exemptions from certain vaccine | ||
requirements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.0085, Health and Safety Code, is | ||
amended by adding Subsection (b-1) and amending Subsection (e) to | ||
read as follows: | ||
(b-1) A governmental entity in this state may not require an | ||
individual to provide any documentation certifying the | ||
individual's COVID-19 vaccination or post-transmission recovery on | ||
entry to, to gain access to, or to receive service from the | ||
governmental entity. | ||
(e) This section may not be construed to: | ||
(1) restrict a business or governmental entity from | ||
implementing COVID-19 screening and infection control protocols in | ||
accordance with state and federal law to protect public health; or | ||
(2) interfere with an individual's right to access the | ||
individual's personal health information under federal law. | ||
SECTION 2. Subchapter A, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.0086 to read as follows: | ||
Sec. 161.0086. PROHIBITION ON POLITICAL SUBDIVISIONS | ||
MANDATING COVID-19 VACCINATIONS. (a) In this section, "COVID-19" | ||
means the 2019 novel coronavirus disease. | ||
(b) Notwithstanding any other law, including Chapter 81 of | ||
this code and Chapter 418, Government Code, a political subdivision | ||
of this state may not issue an order, adopt an ordinance, or | ||
otherwise require an individual to be vaccinated against COVID-19. | ||
SECTION 3. 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 4. Section 38.001, Education Code, is amended by | ||
adding Subsection (b-2) to read as follows: | ||
(b-2) An elementary or secondary school may not require a | ||
student, as a condition of the student's admission to or continued | ||
enrollment in the school, to be vaccinated against the 2019 novel | ||
coronavirus disease (COVID-19). | ||
SECTION 5. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.91921 to read as follows: | ||
Sec. 51.91921. PROHIBITION ON PRIVATE OR INDEPENDENT | ||
INSTITUTIONS OF HIGHER EDUCATION MANDATING COVID-19 VACCINATION | ||
FOR STUDENTS. (a) In this section: | ||
(1) "COVID-19" means the 2019 novel coronavirus | ||
disease. | ||
(2) "Private or independent institution of higher | ||
education" has the meaning assigned by Section 61.003. | ||
(b) A private or independent institution of higher | ||
education may not require a student, as a condition of the student's | ||
admission to or continued enrollment in the institution, to be | ||
vaccinated against COVID-19. | ||
SECTION 6. 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 [ |
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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 institution of higher education may not require a | ||
student, as a condition of the student's admission to or continued | ||
enrollment in the institution, to be vaccinated against the 2019 | ||
novel coronavirus disease (COVID-19). | ||
SECTION 7. 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 8. Section 224.002(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The policy shall [ |
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individual to be exempt from the required vaccines based on reasons | ||
of conscience, including a religious belief. | ||
SECTION 9. Subchapter H-1, Chapter 21, Labor Code, as added | ||
by this Act, applies only to an unlawful employment practice that | ||
occurs on or after the effective date of this Act. | ||
SECTION 10. (a) The changes in law made by this Act to | ||
Title 2, Education Code, apply beginning with the 2021-2022 school | ||
year. | ||
(b) The changes in law made by this Act to Title 3, Education | ||
Code, apply beginning with the 2021-2022 academic year. | ||
SECTION 11. 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. | ||
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