HB383 - Relating to prohibiting a private employer from adopting or enforcing COVID-19 vaccine mandates; authorizing an administrative penalty.

      By: Harrison H.B. No. 383       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting a private employer from adopting or   enforcing COVID-19 vaccine mandates; authorizing an administrative   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81D.001, Health and Safety Code, is   amended to read as follows:                (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 ] a person .          SECTION 2.  Section 81D.002, Health and Safety Code, is   amended to read as follows:          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 ] requiring a person to be vaccinated against COVID-19 for   any reason, including as a condition of employment , [ or ] a contract   position , or admission .          SECTION 3.  Section 81D.003, Health and Safety Code, is   amended to read as follows:          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 ] a person for a refusal to be vaccinated against COVID-19.          SECTION 4.  Section 81D.004, Health and Safety Code, is   amended to read as follows:          Sec. 81D.004.  COMPLAINT; INVESTIGATION.  (a)  [ An employee,   contractor, applicant for employment, or applicant for a contract   position ] A person 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.          SECTION 5.  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 6.  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 7.  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 September 1, 2025.