Relating to prohibiting organ transplant recipient discrimination on the basis of vaccination status, the official text

H.B. No. 4076

AN ACT

relating to prohibiting organ transplant recipient discrimination

on the basis of vaccination status.

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

SECTION 1. Subchapter S, Chapter 161, Health and Safety

Code, is amended by adding Section 161.474 to read as follows:

Sec. 161.474. DISCRIMINATION ON BASIS OF VACCINATION STATUS

PROHIBITED. (a) A health care provider may not, solely on the

basis of an individual's vaccination status:

(1) determine an individual is ineligible to receive

an organ transplant;

(2) deny medical or other services related to an organ

transplant, including evaluation, surgery, counseling, and

postoperative treatment;

(3) refuse to refer the individual to a transplant

center or other related specialist for evaluation or receipt of an

organ transplant; or

(4) refuse to place the individual on an organ

transplant waiting list or place the individual at a position lower

in priority on the list than the position the individual would have

been placed if not for the individual's vaccination status.

(b) Notwithstanding Subsection (a), a health care provider

may consider an individual's vaccination status when making a

treatment recommendation or decision solely to the extent that a

physician, following an individualized evaluation of the potential

transplant recipient, determines the vaccination status is

medically significant to the organ transplant. This section does

not require a referral or recommendation for, or the performance

of, a medically inappropriate organ transplant.

(c) This section applies to each stage of the organ

transplant process.

(d) A person may not take an adverse action or impose a

penalty of any kind against a health care provider based solely on

the fact that the health care provider complied with Subsection

(a).

(e) A physician who in good faith makes a determination that

an individual's vaccination status is medically significant to the

organ transplant, as described by Subsection (b), does not violate

this section.

(f) A health care provider may:

(1) develop alternative risk mitigation strategies,

including antibody testing, prophylactic treatments, and antiviral

therapy, in lieu of requiring a vaccination; and

(2) inform patients of the risks and benefits of

receiving a vaccination.

SECTION 2. Not later than January 1, 2026, the executive

commissioner of the Health and Human Services Commission shall

adopt any rules necessary to implement Section 161.474, Health and

Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 4076 was passed by the House on May

14, 2025, by the following vote: Yeas 83, Nays 53, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4076 was passed by the Senate on May

23, 2025, by the following vote: Yeas 25, Nays 6.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor