Hall Vaccine Bill Lets Workers Sue Employers Over Shot Harms

The text as introduced · 288 words

89R2477 SCL-D

By: Hall
S.B. No. 91

A BILL TO BE ENTITLED

AN ACT

relating to employer civil liability for a vaccine requirement

imposed on the employer's employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 100B to read as follows:

CHAPTER 100B. LIABILITY FOR VACCINE REQUIREMENTS

Sec. 100B.001. EMPLOYER LIABILITY FOR VACCINE

REQUIREMENTS. (a) Notwithstanding Section 408.001, Labor Code,

and except as provided by Subsection (b) of this section, an

employee or the legal representative of an employee who is deceased

or incapacitated may bring an action against the employee's

employer for damages arising from adverse health events that are a

result of the employer's vaccine requirement for employees.

(b) This section does not apply to an employer that accepts

the following exemptions from the employer's vaccine requirement

for employees:

(1) the employee has reasons of conscience, including

a religious belief, that conflict with the requirement; and

(2) the vaccination is medically contraindicated

based on the medical opinion of a physician who has examined the

employee.

(c) A court may award a claimant who prevails in an action

brought under this section reasonable attorney's fees and court

costs.

SECTION 2. Section 100B.001, Civil Practice and Remedies

Code, as added by this Act, applies only to a cause of action that

accrues on or after the effective date of this Act.

SECTION 3. 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, 2025.