Bill Text: TX SB36 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to prohibitions on the use of state money to enforce federal vaccine or treatment mandates and on required COVID-19 vaccinations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-10-15 - Co-author authorized [SB36 Detail]
Download: Texas-2021-SB36-Introduced.html
| 87S30070 SRA/KKR-D | ||
| By: Hall | S.B. No. 36 | |
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| relating to prohibitions on the use of state money to enforce | ||
| federal vaccine or treatment mandates and on required COVID-19 | ||
| vaccinations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 161, Health and Safety | ||
| Code, is amended by adding Section 161.0065 to read as follows: | ||
| Sec. 161.0065. PROHIBITION ON USE OF STATE MONEY TO ENFORCE | ||
| FEDERAL VACCINE OR TREATMENT MANDATES. (a) In this section, | ||
| "governmental entity" means this state, a political subdivision of | ||
| this state, or an agency of this state or a political subdivision of | ||
| this state. The term includes an institution of higher education as | ||
| defined by Section 61.003, Education Code. | ||
| (b) A governmental entity or a private entity that receives | ||
| money from this state may not use state money or any other state | ||
| resource to enforce a federal statute, order, rule, or regulation | ||
| mandating vaccines or other invasive health care treatments. | ||
| SECTION 2. Chapter 52, Labor Code, is amended by adding | ||
| Subchapter H to read as follows: | ||
| SUBCHAPTER H. RESTRICTIONS ON COVID-19 VACCINATIONS | ||
| Sec. 52.081. DEFINITIONS. In this subchapter: | ||
| (1) "COVID-19" means the 2019 novel coronavirus | ||
| disease. | ||
| (2) "Employer" means a person who employs one or more | ||
| employees. | ||
| (3) "Governmental entity" means this state, a | ||
| political subdivision of this state, or an agency of this state or a | ||
| political subdivision of this state. The term includes an | ||
| institution of higher education as defined by Section 61.003, | ||
| Education Code. | ||
| Sec. 52.082. PROHIBITION ON REQUIRED COVID-19 VACCINATIONS | ||
| AND RELATED ENFORCEMENT. (a) An employer is not required to comply | ||
| with a federal statute, order, rule, or regulation mandating | ||
| employer-required COVID-19 vaccinations if that vaccination | ||
| requirement does not exist under the laws of this state. | ||
| (b) A governmental entity or person employed by or otherwise | ||
| under the direction or control of the entity may not enforce or | ||
| attempt to enforce any federal statute, order, rule, or regulation | ||
| described by Subsection (a). | ||
| SECTION 3. Any federal statute, order, rule, regulation, | ||
| treaty, or court decision that purports to supersede, stay, or | ||
| overrule this Act is in violation of the Texas Constitution and the | ||
| United States Constitution and is therefore void. The State of | ||
| Texas, a governmental entity of this state, and any agent of this | ||
| state or a governmental entity of this state may, but is not | ||
| required to, enter an appearance, special or otherwise, in any | ||
| federal suit challenging this Act. | ||
| SECTION 4. 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. | ||
