Bill Text: TX SB7 | 2023 | 88th Legislature 3rd Special Session | Enrolled
Bill Title: Relating to prohibiting a private employer from adopting or enforcing certain COVID-19 vaccine mandates; authorizing an administrative penalty.
Spectrum: Partisan Bill (Republican 69-1)
Status: (Passed) 2023-11-10 - Effective on . . . . . . . . . . . . . . . February 6, 2024 [SB7 Detail]
Download: Texas-2023-SB7-Enrolled.html
| S.B. No. 7 | ||
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| relating to prohibiting a private employer from adopting or | ||
| enforcing certain COVID-19 vaccine mandates; authorizing an | ||
| administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle D, Title 2, Health and Safety Code, is | ||
| amended by adding Chapter 81D to read as follows: | ||
| CHAPTER 81D. PROHIBITED CORONAVIRUS VACCINE MANDATES BY PRIVATE | ||
| EMPLOYER | ||
| Sec. 81D.001. DEFINITIONS. In this chapter: | ||
| (1) "Adverse action" means an action taken by an | ||
| employer that a reasonable person would consider was for the | ||
| purpose of punishing, alienating, or otherwise adversely affecting | ||
| an employee, contractor, applicant for employment, or applicant for | ||
| a contract position. | ||
| (2) "Commission" means the Texas Workforce | ||
| Commission. | ||
| (3) "Contractor" means a person who undertakes | ||
| specific work for an employer in exchange for a benefit without | ||
| submitting to the control of the employer over the manner, methods, | ||
| or details of the work. | ||
| (4) "COVID-19" means the 2019 novel coronavirus | ||
| disease and any variants of the disease. | ||
| (5) "Employer" means a person, other than a | ||
| governmental entity, who employs one or more employees. | ||
| Sec. 81D.002. EMPLOYER CORONAVIRUS VACCINE MANDATES | ||
| PROHIBITED. An employer may not adopt or enforce a mandate | ||
| requiring an employee, contractor, applicant for employment, or | ||
| applicant for a contract position to be vaccinated against COVID-19 | ||
| as a condition of employment or a contract position. | ||
| Sec. 81D.003. PROHIBITED ADVERSE ACTION BY EMPLOYER. An | ||
| employer may not take an adverse action against an employee, | ||
| contractor, applicant for employment, or applicant for a contract | ||
| position for a refusal to be vaccinated against COVID-19. | ||
| Sec. 81D.0035. ADVERSE ACTION EXCEPTION FOR CERTAIN HEALTH | ||
| CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS. (a) In | ||
| this section: | ||
| (1) "Health care facility" means a facility that is a | ||
| provider of services, as defined by Section 1861, Social Security | ||
| Act (42 U.S.C. Section 1395x). | ||
| (2) "Health care provider" and "physician" have the | ||
| meanings assigned by Section 74.001, Civil Practice and Remedies | ||
| Code. | ||
| (b) A health care facility, health care provider, or | ||
| physician may establish and enforce a reasonable policy that | ||
| includes requiring the use of protective medical equipment by an | ||
| individual who is an employee or contractor of the facility, | ||
| provider, or physician and who is not vaccinated against COVID-19 | ||
| based on the level of risk the individual presents to patients from | ||
| the individual's routine and direct exposure to patients. | ||
| (c) Establishing or enforcing a policy described by | ||
| Subsection (b) is not considered an adverse action under this | ||
| chapter. | ||
| Sec. 81D.004. COMPLAINT; INVESTIGATION. (a) An employee, | ||
| contractor, applicant for employment, or applicant for a contract | ||
| position against whom an employer took an adverse action in | ||
| violation of this chapter may file a complaint with the commission | ||
| in the form and manner prescribed by commission rules. | ||
| (b) A complaint filed with the commission must include the | ||
| following information: | ||
| (1) the name of the complainant; | ||
| (2) the name of the employer; and | ||
| (3) the nature and description of any alleged adverse | ||
| action the employer took against the complainant. | ||
| (c) On receipt of a complaint under Subsection (a), the | ||
| commission shall conduct an investigation to determine whether the | ||
| employer took an adverse action against the complainant because of | ||
| the complainant's refusal to be vaccinated against COVID-19. For a | ||
| complaint against a health care facility, health care provider, or | ||
| physician, the commission shall consult with the department in | ||
| determining if a policy adopted under Section 81D.0035 was | ||
| reasonable. | ||
| Sec. 81D.005. INJUNCTIVE RELIEF. (a) On receipt of a | ||
| complaint filed under Section 81D.004, the commission may request | ||
| that the attorney general bring an action for injunctive relief | ||
| against the employer to prevent further violations of this chapter | ||
| by the employer. The action must be filed in a district court in: | ||
| (1) Travis County; or | ||
| (2) the county in which the alleged adverse action | ||
| occurred. | ||
| (b) In an injunction issued under Subsection (a), a court | ||
| may include reasonable requirements to prevent further violations | ||
| of this chapter. | ||
| Sec. 81D.006. ADMINISTRATIVE PENALTY. (a) The commission | ||
| shall impose on an employer who violates this chapter an | ||
| administrative penalty in an amount equal to $50,000 for each | ||
| violation, unless the employer, as applicable: | ||
| (1) hires the applicant for employment or offers a | ||
| contract to the applicant for a contract position; or | ||
| (2) reinstates the employee or contractor and provides | ||
| the employee or contractor with back pay from the date the employer | ||
| took the adverse action and makes every reasonable effort to | ||
| reverse the effects of the adverse action, including reestablishing | ||
| employee benefits for which the employee or contractor otherwise | ||
| would have been eligible if the adverse action had not been taken. | ||
| (b) If, following an investigation under Section 81D.004, | ||
| the commission determines that the employer violated this chapter, | ||
| the commission may recover from the employer reasonable | ||
| investigative costs incurred by the commission in conducting the | ||
| investigation, regardless of whether the employer has taken an | ||
| action described by Subsection (a)(1) or (2). | ||
| Sec. 81D.007. RULES. The commission shall adopt rules as | ||
| necessary to implement and enforce this chapter. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to conduct or an adverse action that occurs on or after the | ||
| effective date of this Act. | ||
| SECTION 3. If any provision of this Act or its application | ||
| to any person or circumstance is held invalid, the invalidity does | ||
| not affect other provisions or applications of this Act that can be | ||
| given effect without the invalid provision or application, and to | ||
| this end the provisions of this Act are declared severable. | ||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 7 passed the Senate on October | ||
| 12, 2023, by the following vote: Yeas 19, Nays 12; and that the | ||
| Senate concurred in House amendments on October 31, 2023, by the | ||
| following vote: Yeas 17, Nays 11. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 7 passed the House, with | ||
| amendments, on October 26, 2023, by the following vote: Yeas 91, | ||
| Nays 54, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
