88R7214 MCF-D     By: Kolkhorst S.B. No. 1026       A BILL TO BE ENTITLED   AN ACT   relating to prohibited COVID-19 vaccine mandates and vaccination   status discrimination.          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 or court of law in this state   may not require an individual to provide any documentation   certifying the individual's COVID-19 vaccination or   post-transmission recovery:                (1)  on entry to, to gain access to, or to receive a   service from the governmental entity or court of law; or                (2)  as a condition for:                      (A)  service on a petit or grand jury; or                      (B)  appointment as counsel for an indigent   defendant.          (e)  This section may not be construed to:                (1)  restrict a business, governmental entity, or court   of law 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 [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 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 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 been vaccinated against COVID-19.          (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 been vaccinated against COVID-19.          (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   been vaccinated against COVID-19.          SECTION 8.  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 9.  (a)  The changes in law made by this Act to Title   2, Education Code, apply beginning with the 2023-2024 school year.          (b)  The changes in law made by this Act to Title 3, Education   Code, apply beginning with the 2023-2024 academic year.          SECTION 10.  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 September 1, 2023.