HB5622 - Relating to prohibiting a private employer from adopting or enforcing certain vaccine mandates; authorizing an administrative penalty.

      By: Vasut H.B. No. 5622       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting a private employer from adopting or   enforcing certain vaccine mandates; authorizing an administrative   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading of Chapter 81D, Health and Safety   Code, is amended to read as follows:   CHAPTER 81D. PROHIBITED [ CORONAVIRUS ] VACCINE MANDATES BY PRIVATE   EMPLOYER          SECTION 2.  Section 81D.001, Health and Safety Code, is   amended by amending Subdivisions (1), (4) and (5) 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 .                (4)  [ "COVID-19" means the 2019 novel coronavirus   disease and any variants of the disease.                 (5) ]  "Employer" means a person, other than a   governmental entity, who employs one or more employees.          SECTION 3.  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 ] a person to be vaccinated for any reason, including as a   condition of employment or a contract position , or admission .          SECTION 4.  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 5.  Section 81D.0035(b), Health and Safety Code, is   amended to read as follows:          (b)  A health care facility, health care provider, or   physician may establish and enforce a reasonable policy that   includes 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.          SECTION 6.  Section 81D.004, Health and Safety Code, is   amended by amending Subsections (a) and (c) 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.          (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 in   determining if a policy adopted under Section 81D.0035 was   reasonable.          SECTION 7.  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 8.  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 9.  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.