88S30430 SRA-F     By: Hall S.B. No. 41       A BILL TO BE ENTITLED   AN ACT   relating to prohibited vaccination status discrimination and   requirements for COVID-19 vaccines; authorizing administrative   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  PROHIBITED COVID-19 VACCINATION STATUS DISCRIMINATION          SECTION 1.01.  Subtitle C, Title 5, Business & Commerce   Code, is amended by adding Chapter 122 to read as follows:   CHAPTER 122.  PROHIBITED DISCRIMINATION BASED ON COVID-19   VACCINATION STATUS          Sec. 122.001.  DEFINITIONS. In this chapter:                (1)  "COVID-19" means the 2019 novel coronavirus   disease.                (2)  "Public accommodation" means a disposition,   service, financial aid, or benefit provided to members of the   public.          Sec. 122.002.  DISCRIMINATION PROHIBITED. A person may not   discriminate against or refuse to provide a public accommodation to   an individual based on the individual's COVID-19 vaccination status   by:                (1)  providing to the individual a public accommodation   that is different or provided in a different manner than the   accommodation provided or manner of providing the accommodation to   other members of the public;                (2)  subjecting the individual to segregation or   separate treatment in any matter related to providing the public   accommodation to the individual;                (3)  restricting in any way the individual's enjoyment   of a public accommodation in a manner that distinguishes the   individual's enjoyment from the enjoyment of other members of the   public;                (4)  treating the individual differently from other   members of the public in determining whether the individual   satisfies any admission, enrollment, quota, eligibility,   membership, or other requirement or condition that individuals must   satisfy before a public accommodation is provided; or                (5)  denying the individual an opportunity to   participate in a program in a manner that differs from the manner   the opportunity is provided to other members of the public.          Sec. 122.003.  COMPLAINT; EQUITABLE RELIEF. (a) A person may   file a complaint with the attorney general if the person asserts   facts supporting an allegation that another person has violated   Section 122.002. The person filing the complaint must include a   sworn affidavit stating that, to the person's knowledge, all of the   facts asserted in the complaint are true and correct.          (b)  If the attorney general determines that a complaint   filed under Subsection (a) is valid, the attorney general may file a   petition for a writ of mandamus or apply for other appropriate   equitable relief in a district court in Travis County or in a county   in which the person against whom relief is sought resides to compel   the person to comply with Section 122.002.          Sec. 122.004.  EFFECT ON OTHER LAW. This chapter prevails to   the extent of a conflict between this chapter and any other law.          SECTION 1.02.  Subchapter A, Chapter 161, Health and Safety   Code, is amended by adding Sections 161.0057 and 161.0086 to read as   follows:          Sec. 161.0057.  LONG-TERM CARE FACILITY: PROHIBITED   DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS. (a) In this   section:                (1)  "COVID-19" means the 2019 novel coronavirus   disease.                (2)  "Long-term care facility" means a facility   licensed or regulated under Chapter 242, 247, or 252.          (b)  A long-term care facility may not refuse to provide   services to a resident based on the resident's COVID-19 vaccination   status.          (c)  A long-term care facility that violates this section is   ineligible to receive state money for services provided to   residents.          (d)  A violation of this section is a violation of the   long-term care facility's applicable licensing law and subjects the   facility to disciplinary action and the imposition of   administrative penalties under that law.          (e)  This section prevails to the extent of a conflict   between this section and any other law.          Sec. 161.0086.  PROHIBITED DISCRIMINATION BASED ON COVID-19   VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019   novel coronavirus disease.          (b)  A health care provider or health care facility may not   refuse to provide a health care service to a patient because the   patient has not received a COVID-19 vaccine.          (c)  A health care facility providing clinical experience to   satisfy a student's degree requirements may not discriminate   against a student or prohibit admission, enrollment, or employment   as a student, intern, or resident based on the student's COVID-19   vaccination status.          (d)  Notwithstanding any other law, a health care provider or   health care facility that violates this section is ineligible to   receive state money for health care services provided to patients.          (e)  A violation of this section is a violation of the health   care provider's or health care facility's applicable licensing law   and subjects the facility or provider to disciplinary action and   the imposition of administrative penalties under that law.          (f)  This section prevails to the extent of a conflict   between this section and any other law.          SECTION 1.03.  Chapter 544, Insurance Code, is amended by   adding Subchapter O to read as follows:   SUBCHAPTER O.  COVID-19 VACCINATION STATUS          Sec. 544.701.  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 544.702.                (3)  "Participating provider" means a health care   provider who has contracted with a health benefit plan issuer to   provide services to enrollees.          Sec. 544.702.  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. 544.703.  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. 544.704.  PROHIBITED DISCRIMINATION IN GROUP PLAN   RATING. The COVID-19 vaccination status of individuals covered   under a group health benefit plan that provides coverage in this   state may not be used as a factor in the rating of the plan.          Sec. 544.705.  PROHIBITED DISCRIMINATION AGAINST   PARTICIPATING PROVIDER. (a)  A health benefit plan issuer may not   use the COVID-19 vaccination status of a health care provider's   patients as a qualification or requirement for contracting with the   provider or as a basis for terminating a contract with the provider.          (b)  A health benefit plan issuer may not use the COVID-19   vaccination status of enrollees as a factor in providing a   financial incentive or assessing a financial or other penalty   against a participating provider.          Sec. 544.706.  EFFECT ON OTHER LAW. This subchapter   prevails to the extent of a conflict between this subchapter and any   other law.          SECTION 1.04.  Chapter 21, Labor Code, is amended by adding   Subchapter H-1 to read as follows:   SUBCHAPTER H-1.  VACCINATION STATUS DISCRIMINATION          Sec. 21.421.  PROHIBITED DISCRIMINATION BASED ON COVID-19   VACCINATION STATUS. (a) In this subchapter, "COVID-19" means the   2019 novel coronavirus disease.          (b)  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.          (c)  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.          (d)  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.          (e)  An employer, labor organization, or employment agency   commits an unlawful employment practice if the employer, labor   organization, or employment agency limits, segregates, or   classifies an employee, member, or applicant for employment or   membership in a way that would deprive or tend to deprive the   employee, member, or applicant of employment opportunities or   otherwise adversely affect the status of the employee, member, or   applicant because the employee, member, or applicant has not   received a COVID-19 vaccine.          Sec. 21.422.  EFFECT ON OTHER LAW. This subchapter prevails   to the extent of a conflict between this subchapter and any other   law.          SECTION 1.05.  Title 2, Occupations Code, is amended by   adding Chapter 61 to read as follows:   CHAPTER 61. VACCINATION STATUS DISCRIMINATION          Sec. 61.001.  PROHIBITED DISCRIMINATION BASED ON COVID-19   VACCINATION STATUS. (a) In this chapter, "COVID-19" means the 2019   novel coronavirus disease.          (b)  A licensing authority may not deny an application for an   occupational license, suspend, revoke, or refuse to renew an   occupational license, or take any other disciplinary action against   an individual based on:                (1)  the individual's COVID-19 vaccination status; or                (2)  the individual's refusal to receive a COVID-19   vaccine.          Sec. 61.002.  EFFECT ON OTHER LAW. This chapter prevails to   the extent of a conflict between this chapter and any other law.          SECTION 1.06.  Subtitle A, Title 3, Occupations Code, is   amended by adding Chapter 103A to read as follows:   CHAPTER 103A. RIGHT TO OBJECT TO COVID-19 VACCINATIONS          Sec. 103A.001.  DEFINITION.  In this chapter, "COVID-19"    means the 2019 novel coronavirus disease.          Sec. 103A.002.  RIGHT TO OBJECT. A hospital or other health   care facility may not require as a condition of employment that an   employee, including a physician, nurse, or staff member, receive a   COVID-19 vaccine.          Sec. 103A.003.  DISCRIMINATION PROHIBITED. (a)  A hospital   or other health care facility may not discriminate against an   employee, including a physician, nurse, or staff member, or an   applicant who refuses to receive a COVID-19 vaccine.          (b)  An educational institution may not discriminate against   an applicant for admission or employment as a student, intern, or   resident based on:                (1)  the applicant's vaccination status with respect to   a COVID-19 vaccine; or                (2)  the applicant's refusal to receive a COVID-19   vaccine.          Sec. 103A.004.  REMEDIES. A person aggrieved by a violation   of this chapter may bring an action against a hospital, other health   care facility, or educational institution that administers a   hospital or other health care facility in a district court in the   county where the hospital, facility, or institution is located for:                (1)  an injunction against any further violation;                (2)  appropriate equitable relief, including:                      (A)  admission or reinstatement of employment;   and                      (B)  back pay and 10 percent interest on the back   pay; and                (3)  any other relief necessary to ensure compliance   with this chapter.          Sec. 103A.005.  EFFECT ON OTHER LAW. This chapter prevails   to the extent of a conflict between this chapter and any other law.          SECTION 1.07.  Subchapter A, Chapter 521, Transportation   Code, is amended by adding Section 521.016 to read as follows:          Sec. 521.016.  PROHIBITED DISCRIMINATION BASED ON COVID-19   VACCINATION STATUS. (a) In this section, "COVID-19" means the 2019   novel coronavirus disease.          (b)  The department may not use an individual's COVID-19   vaccination status as a requirement for the issuance or renewal of a   driver's license, election identification certificate, or personal   identification certificate.          (c)  The department may not discriminate against, deny   services or access to, or otherwise penalize any individual for not   receiving a COVID-19 vaccine or not providing proof of receiving a   COVID-19 vaccine.          (d)  This section prevails to the extent of a conflict   between this section 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 any elementary or secondary school, to   receive a vaccine for the 2019 novel coronavirus disease   (COVID-19).          SECTION 2.03.  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 applicant for admission may not be required to   receive a vaccine for the 2019 novel coronavirus disease   (COVID-19).          SECTION 2.04.  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 this section, may not require a child to receive a vaccine for   the 2019 novel coronavirus disease (COVID-19).          SECTION 2.05.  Section 81.082, Health and Safety Code, is   amended by adding Subsection (c-2) to read as follows:          (c-2)  In administering a control measure under this   subchapter, the department or a health authority may not require an   individual to receive a vaccine for the 2019 novel coronavirus   disease (COVID-19).          SECTION 2.06.  Section 161.004(f), Health and Safety Code,   is amended to read as follows:          (f)  The executive commissioner shall adopt rules that are   necessary to administer this section. In adopting the rules, the   executive commissioner may not require a child to receive a vaccine   for the 2019 novel coronavirus disease (COVID-19).          SECTION 2.07.  Section 161.005, Health and Safety Code, is   amended by adding Subsection (e) to read as follows:          (e)  The department, the executive commissioner, a facility,   or a physician may not require a child to receive a vaccine for the   2019 novel coronavirus disease (COVID-19).          SECTION 2.08.  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).          SECTION 2.09.  Section 42.043, Human Resources Code, is   amended by adding Subsection (c-1) to read as follows:          (c-1)  Notwithstanding Subsections (b) and (c), a child may   not be required to receive a vaccine for the 2019 novel coronavirus   disease (COVID-19).          SECTION 2.10.  Section 42.04305, Human Resources Code, is   amended by adding Subsection (c-1) to read as follows:          (c-1)  The policy may not require a facility employee 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, or Section 42.04305, Human   Resources 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 March 1, 2024.          SECTION 3.02.  (a)  Subchapter O, 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 March 1, 2024.          (b)  Section 544.705, Insurance Code, as added by this Act,   applies only to a contract entered into on or after the effective   date of this Act.          SECTION 3.03.  (a)  The changes in law made by this Act to   Title 2, Education Code, apply starting with the 2024-2025 school   year.          (b)  The changes in law made by this Act to Title 3, Education   Code, apply starting with the 2024-2025 academic year.          SECTION 3.04.  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.