Bill Text: TX SB77 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to prohibited vaccination status discrimination and requirements for COVID-19 vaccines.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-07-27 - Filed [SB77 Detail]
Download: Texas-2021-SB77-Introduced.html
| 87S10150 KKR-D | ||
| By: Paxton | S.B. No. 77 | |
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| relating to prohibited vaccination status discrimination and | ||
| requirements for COVID-19 vaccines. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. COVID-19 VACCINATION STATUS DISCRIMINATION PROHIBITED | ||
| SECTION 1.01. Chapter 544, Insurance Code, is amended by | ||
| adding Subchapter N to read as follows: | ||
| SUBCHAPTER N. COVID-19 VACCINATION STATUS | ||
| Sec. 544.651. 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 544.652. | ||
| Sec. 544.652. 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. 544.653. 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. 544.654. EFFECT ON OTHER LAW. This subchapter | ||
| prevails to the extent of a conflict between this subchapter and any | ||
| other law. | ||
| SECTION 1.02. Chapter 21, Labor Code, is amended by adding | ||
| Subchapter H-1 to read as follows: | ||
| SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION | ||
| STATUS | ||
| Sec. 21.421. DEFINITION. In this subchapter, "COVID-19" | ||
| means the 2019 novel coronavirus disease. | ||
| Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19 | ||
| VACCINATION STATUS. (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 has not received a COVID-19 vaccine. | ||
| (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 has not received a COVID-19 vaccine. | ||
| (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 has not | ||
| received a COVID-19 vaccine. | ||
| Sec. 21.423. LIMITATION OF LIABILITY. An employer, labor | ||
| organization, or employment agency is not liable for a claim | ||
| arising from exposure to COVID-19 on the basis that the employer, | ||
| labor organization, or employment agency failed to require an | ||
| individual to receive a COVID-19 vaccine. | ||
| Sec. 21.424. EFFECT ON OTHER LAW. This subchapter prevails | ||
| to the extent of a conflict between this subchapter 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 or continued enrollment in any elementary or | ||
| secondary school, to receive a vaccine for the 2019 novel | ||
| coronavirus disease (COVID-19). An elementary or secondary school | ||
| is not liable for a claim arising from exposure to COVID-19 on the | ||
| basis that the school failed to require a student to receive a | ||
| COVID-19 vaccine. | ||
| SECTION 2.03. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.91921 to read as follows: | ||
| Sec. 51.91921. COVID-19 VACCINATION REQUIREMENT FOR | ||
| PRIVATE OR INDEPENDENT INSTITUTION OF HIGHER EDUCATION STUDENTS | ||
| PROHIBITED. (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 student may not be required, as a condition of the | ||
| student's admission to or continued enrollment in a private or | ||
| independent institution of higher education, to receive a COVID-19 | ||
| vaccine. | ||
| (c) A private or independent institution of higher | ||
| education is not liable for a claim arising from exposure to | ||
| COVID-19 on the basis that the institution failed to require a | ||
| student to receive a COVID-19 vaccine. | ||
| SECTION 2.04. 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) A student may not be required, as a condition of the | ||
| student's admission to or continued enrollment in an institution of | ||
| higher education, to receive a vaccine for the 2019 novel | ||
| coronavirus disease (COVID-19). An institution of higher education | ||
| is not liable for a claim arising from exposure to COVID-19 on the | ||
| basis that the institution failed to require a student to receive a | ||
| COVID-19 vaccine. | ||
| SECTION 2.05. 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 Subsection (c), may not require a child to receive a vaccine | ||
| for the 2019 novel coronavirus disease (COVID-19). | ||
| SECTION 2.06. 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). | ||
| ARTICLE 3. TRANSITION AND EFFECTIVE DATE | ||
| SECTION 3.01. Each facility subject to Chapter 224, Health | ||
| and Safety 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 January 1, 2022. | ||
| SECTION 3.02. Subchapter N, 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 January 1, 2022. | ||
| SECTION 3.03. 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 3.04. (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 3.05. 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. | ||
