87S30009 KKR-D     By: Johnson S.B. No. 31       A BILL TO BE ENTITLED   AN ACT   relating to an exception to the prohibition on COVID-19 vaccine   passports.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 161.0085, Health and   Safety Code, as added by S.B. No. 968, Acts of the 87th Legislature,   Regular Session, 2021, is amended to read as follows:          Sec. 161.0085.  COVID-19 VACCINE PASSPORTS PROHIBITED;   EXCEPTION.          SECTION 2.  Section 161.0085, Health and Safety Code, as   added by S.B. No. 968, Acts of the 87th Legislature, Regular   Session, 2021, is amended by amending Subsections (c) and (d) and   adding Subsection (c-1) to read as follows:          (c)  Except as provided by Subsection (c-1), a [A] business   in this state may not require a customer to provide any   documentation certifying the customer's COVID-19 vaccination or   post-transmission recovery on entry to, to gain access to, or to   receive service from the business. A business that fails to comply   with this subsection is not eligible to receive a grant or enter   into a contract payable with state funds.          (c-1)  A venue as defined by Section 327.001, Business &   Commerce Code, or a business that is permitted or licensed to sell   alcoholic beverages at retail for on-premises consumption may   require an individual to provide documentation certifying the   individual's COVID-19 vaccination status or post-transmission   recovery on entry to or to gain access to the venue or business.          (d)  Notwithstanding any other law and except as provided by   Subsection (c-1), each appropriate state agency shall ensure that   businesses in this state comply with Subsection (c) and may require   compliance with that subsection as a condition for a license,   permit, or other state authorization necessary for conducting   business in this state.          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.