Bill Text: TX HB86 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to prohibited COVID-19 vaccine passports; providing a civil penalty.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2021-10-12 - Referred to State Affairs [HB86 Detail]
Download: Texas-2021-HB86-Introduced.html
| 87S30237 JG-D | ||
| By: Tinderholt | H.B. No. 86 | |
|
|
||
|
|
||
| relating to prohibited COVID-19 vaccine passports; providing a | ||
| civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 161.0085, Health and | ||
| Safety Code, is amended to read as follows: | ||
| Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED; | ||
| CIVIL PENALTY. | ||
| SECTION 2. Section 161.0085, Health and Safety Code, is | ||
| amended by amending Subsections (c), (d), and (e) and adding | ||
| Subsections (c-1) and (f) to read as follows: | ||
| (c) A business in this state may not require a customer or an | ||
| employee of the business to provide any documentation certifying | ||
| the customer's or employee's COVID-19 vaccination or | ||
| post-transmission recovery on entry to, to gain access to, [ |
||
| receive service from, or to be employed by 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 public or private primary or secondary school in | ||
| this state may not require a student to provide documentation | ||
| certifying the student's COVID-19 vaccination or post-transmission | ||
| recovery for entry or admission to the school. A public or private | ||
| primary or secondary school in this state that fails to comply with | ||
| this subsection is not eligible to receive a grant or enter into a | ||
| contract payable with state funds. | ||
| (d) Notwithstanding any other law, each appropriate state | ||
| agency shall ensure that businesses in this state comply with | ||
| Subsection (c) and [ |
||
| a condition for a license, permit, or other state authorization | ||
| necessary for conducting business in this state. | ||
| (e) This section may not be construed to: | ||
| (1) restrict a business or public or private primary | ||
| or secondary school from implementing COVID-19 screening and | ||
| infection control protocols for customers or students, as | ||
| applicable, in accordance with authoritative or controlling | ||
| government-issued guidance [ |
||
| public health; or | ||
| (2) interfere with an individual's right to access the | ||
| individual's personal health information under federal law. | ||
| (f) A governmental entity, business, or public or private | ||
| primary or secondary school that violates this section is liable to | ||
| this state for a civil penalty in an amount not to exceed $5,000 for | ||
| each violation. The attorney general may bring an action to collect | ||
| the civil penalty imposed under this subsection. | ||
| SECTION 3. Section 161.0085, Health and Safety Code, as | ||
| amended by this Act, applies only to conduct that occurs on or after | ||
| the effective date of this Act. Conduct that occurs before the | ||
| effective date of this Act is governed by the law in effect | ||
| immediately before the effective date of this Act, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect February 1, 2022. | ||
