Bill Text: TX SB1024 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to preventative health care and public health, including prohibited immunization and face-covering requirements and private business or school closures.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to State Affairs [SB1024 Detail]
Download: Texas-2023-SB1024-Engrossed.html
By: Kolkhorst, Middleton | S.B. No. 1024 |
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relating to preventative health care and public health, including | ||
prohibited immunization and face-covering requirements and private | ||
business or school closures. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 38.001, Education Code, is amended by | ||
amending Subsections (a) and (b-1) and adding Subsection (b-2) to | ||
read as follows: | ||
(a) Except as provided by Subsection (c), each [ |
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student shall be fully immunized against the diseases listed in | ||
Section 161.004, Health and Safety Code [ |
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(b-1) Each year, the Department of State Health Services | ||
shall prepare a list of the immunizations required [ |
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The department shall prepare the list in English and Spanish and | ||
make the list available in a manner that permits a school district | ||
to easily post the list on the district's Internet website as | ||
required by Section 38.019. | ||
(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 2. Section 38.019(a), Education Code, is amended to | ||
read as follows: | ||
(a) A school district that maintains an Internet website | ||
shall post prominently on the website: | ||
(1) a list, in English and Spanish, of: | ||
(A) the immunizations required for admission to | ||
public school in accordance with [ |
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(B) [ |
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[ |
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the influenza vaccine, to the extent those clinics are known to the | ||
district; and | ||
(2) a link to the page on the Department of State | ||
Health Services Internet website that provides [ |
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exemption from the immunization requirements of Section 38.001. | ||
SECTION 3. 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, including any variant. | ||
(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 4. Section 51.933, Education Code, is amended by | ||
amending Subsections (b) and (b-1) and adding Subsection (b-2) to | ||
read as follows: | ||
(b) The executive commissioner of the Health and Human | ||
Services Commission may require a student at an institution of | ||
higher education who is pursuing a course of study in a human or | ||
animal health profession to be immunized [ |
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the diseases listed in Subsection (a) and against hepatitis B, | ||
measles, rabies, and varicella, as applicable. The [ |
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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-1) A requirement [ |
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[ |
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[ |
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course of study that involves potential exposure to human or animal | ||
blood or bodily fluids. | ||
(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 COVID-19 as | ||
defined by Section 51.91921. | ||
SECTION 5. Sections 81.023(a) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The executive commissioner may recommend to the | ||
legislature immunizations to include on the list of immunizations | ||
required [ |
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children under Section 161.004. | ||
(c) The department shall cooperate with the State Board of | ||
Education in [ |
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requirements for students admitted to public or private primary or | ||
secondary schools. | ||
SECTION 6. Subtitle D, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 81B to read as follows: | ||
CHAPTER 81B. PROHIBITED CORONAVIRUS PREVENTATIVE MEASURES | ||
Sec. 81B.001. DEFINITIONS. In this chapter: | ||
(1) "COVID-19" means the 2019 novel coronavirus | ||
disease and any variants of the disease. | ||
(2) "Governmental entity" means this state, a local | ||
government entity as defined by Section 418.004, Government Code, | ||
or an agency of this state or a local government entity. | ||
Sec. 81B.002. PROHIBITED FACE-COVERING MANDATE. | ||
Notwithstanding any other law, including Chapter 81 of this code | ||
and Chapter 418, Government Code, a governmental entity may not | ||
implement, order, or otherwise impose a mandate requiring a person | ||
to wear a face mask or other face covering to prevent the spread of | ||
COVID-19. | ||
Sec. 81B.003. PROHIBITED VACCINE MANDATE. Notwithstanding | ||
any other law, including Chapter 81 of this code and Chapter 418, | ||
Government Code, a governmental entity may not implement, order, or | ||
otherwise impose a mandate requiring a person to be vaccinated | ||
against COVID-19. | ||
Sec. 81B.004. PROHIBITED CLOSURE MANDATE FOR PRIVATE | ||
BUSINESSES AND SCHOOLS. Notwithstanding any other law, including | ||
Chapter 81 of this code and Chapter 418, Government Code, a | ||
governmental entity may not implement, order, or otherwise impose a | ||
mandate requiring the closure of a private business, public school, | ||
open-enrollment charter school, or private school to prevent the | ||
spread of COVID-19. | ||
SECTION 7. Section 161.004(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Every child in the state shall be immunized against | ||
diphtheria, hepatitis A, hepatitis B, measles, meningococcal | ||
disease, mumps, pertussis, polio, rubella, tetanus, and varicella | ||
[ |
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accordance with the [ |
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in department rules. The executive commissioner may not require | ||
immunizations against any additional diseases for students | ||
admitted to a public or private primary or secondary school. | ||
SECTION 8. Subtitle H, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 174 to read as follows: | ||
CHAPTER 174. PATIENT RIGHTS | ||
Sec. 174.001. DEFINITIONS. In this chapter: | ||
(1) "COVID-19" has the meaning assigned by Section | ||
81B.001. | ||
(2) "Health care facility" means a hospital, | ||
freestanding emergency medical care facility, urgent care or retail | ||
clinic, outpatient clinic, birthing center, ambulatory surgical | ||
center, or other facility that is licensed to provide health care | ||
services in this state. | ||
Sec. 174.002. PROHIBITED DISCRIMINATION BASED ON COVID-19 | ||
VACCINATION STATUS. (a) Except as provided by Subsection (b), a | ||
health care facility may not refuse to provide health care services | ||
to an individual based on the individual's vaccination status or | ||
post-transmission recovery of COVID-19. | ||
(b) The prohibition under Subsection (a) does not apply to a | ||
hospital that requires a COVID-19 vaccination in relation to | ||
oncology or transplant care. | ||
Sec. 174.003. MEDICAID REIMBURSEMENT PROHIBITED. (a) The | ||
commission: | ||
(1) may not provide Medicaid reimbursement to a health | ||
care facility that violates this chapter; and | ||
(2) shall disenroll the facility from participation as | ||
a Medicaid provider. | ||
(b) The executive commissioner may adopt rules as necessary | ||
to implement this section. | ||
SECTION 9. 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" | ||
has the meaning assigned by Section 81B.001, Health and Safety | ||
Code. | ||
Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19 | ||
VACCINATION STATUS. (a) Except as provided by Subsection (d), 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. | ||
(d) This section does not apply to: | ||
(1) a health care facility, as defined by Section | ||
224.001, Health and Safety Code, that: | ||
(A) implements a policy or procedure to exempt | ||
from a required vaccination an individual described by this section | ||
who has a medical condition identified as a contraindication or | ||
precaution to the vaccination by the Centers for Disease Control | ||
and Prevention; | ||
(B) establishes procedures that an exempt | ||
individual is required to follow to protect facility patients from | ||
exposure to disease, including the use of gloves, face masks, or | ||
other protective medical equipment, based on the level of risk the | ||
individual presents to patients by the individual's routine and | ||
direct exposure to patients; and | ||
(C) prohibits discrimination or retaliatory | ||
action against an exempt individual, except that the required use | ||
of protective medical equipment under Paragraph (B) is not | ||
considered a retaliatory action for purposes of this paragraph; or | ||
(2) a private employer that: | ||
(A) implements a policy or procedure to exempt | ||
from a required vaccination an individual described by this section | ||
based on reasons of conscience or because the individual has a | ||
medical condition identified as a contraindication or precaution to | ||
the vaccination by the Centers for Disease Control and Prevention; | ||
(B) establishes procedures that an exempt | ||
individual is required to follow to protect employees and other | ||
individuals from exposure to disease, including the use of gloves, | ||
face masks, or other protective medical equipment, based on the | ||
level of risk the individual presents to employees and other | ||
individuals by the individual's routine and direct exposure to | ||
employees and other individuals; and | ||
(C) prohibits discrimination or retaliatory | ||
action against an exempt individual, except that the required use | ||
of protective medical equipment under Paragraph (B) is not | ||
considered a retaliatory action for purposes of this paragraph. | ||
SECTION 10. 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 repealed. | ||
SECTION 11. (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 12. 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 13. If before implementing any provision of this | ||
Act a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 14. 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. |