By: Middleton, et al. S.B. No. 7     A BILL TO BE ENTITLED   AN ACT   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)  "COVID-19" means the 2019 novel coronavirus   disease and any variants of the disease.                (4)  "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 including   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 of State   Health Services in determining if a policy adopted under Section   81D.0035 was reasonable.          (d)  The commission shall adopt rules prescribing the   procedures for accepting complaints and conducting investigations   under this section.          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 section.          Sec. 81D.006.  ADMINISTRATIVE PENALTY. (a)  The commission   may impose on an employer who violates this chapter an   administrative penalty of not more than $10,000 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).          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.