By: Middleton, et al.  S.B. No. 7          (In the Senate - Filed October 9, 2023; October 9, 2023,   read first time and referred to Committee on Health & Human   Services; October 10, 2023, reported favorably by the following   vote:  Yeas 6, Nays 3; October 10, 2023, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to prohibiting an 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 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)  "COVID-19" means the 2019 novel coronavirus   disease and any variants of the disease.                (4)  "Employer" means a person 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.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.          (d)  The commission shall adopt rules prescribing the   procedures for accepting complaints and conducting investigations   under this section.          Sec. 81D.005.  INJUNCTIVE RELIEF. (a)  The attorney general   may 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 section.          Sec. 81D.006.  ADMINISTRATIVE PENALTY. The commission may   impose on an employer who violates this chapter an administrative   penalty of not more than $1,000 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.          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.  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.     * * * * *