Texas Governor Prohibits Vaccine Mandates
[Updated 2021.10.23] The Texas Legislature considered the issue but failed to pass any bill
Yesterday, October 11, 2021, Texas Governor Greg Abbott issued an executive order prohibiting vaccine mandates by any entity and adding the issue of such mandates to the ongoing special legislative session. Here is a link to the press release and here is a link to the actual executive order.
“No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”
I’ve included screenshots of the order below, but the relevant portion of the order states “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”
The order makes clear (1) Governor Abbott added the issue of mandates to the ongoing special legislative session “so that the legislature has the opportunity to consider this issue through legislation”; and that (2) Governor Abbot “will rescind this executive order upon the effective date of such legislation.”
This appears to mean that Governor Abbot’s ban remains in effect until the legislature makes it law or until it is successfully challenged through the Courts.
It is worth noting that Texas State Senator Bob Hall has been the leader on the issue of opposing COVID-19 vaccine mandates, including by proposing various versions of what is now Senate Bill 11, which seeks to update the Texas Labor Code to expressly prohibit discrimination based on vaccination status.
“An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect to the compensation or the terms, conditions, or privileges of employment because the individual has not received an immunization or vaccine.” [Proposed Text from SB 11]
Senator Hall is the original author of Senate Bill 11, titled “AN ACT relating to prohibited vaccination status discrimination and requirements for certain vaccination policies,” which he filed September 8, 2021, and which is now co-sponsored by several legislators. In fact, Senator Hall initially filed this bill on July 9, 2021 as Senate Bill 65 during the first special legislative session.
The key portions of Senate Bill 11 seek to update Chapter 21 of the Texas Labor code to explicitly prohibit employment discrimination based on vaccination status. In particular, Senate Bill 11 would make it unlawful for an employer to use vaccination status as a basis to refuse to hire, discharge, or otherwise discriminate against a person with respect to compensation or terms, conditions, or privileges of employment:
Sec. 21.421. PROHIBITED DISCRIMINATION BASED ON IMMUNIZATION OR VACCINATION STATUS.
(a) An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect to the compensation or the terms, conditions, or privileges of employment because the individual has not received an immunization or vaccine.
(b) A labor organization commits an unlawful employment practice if the labor organization excludes or expels from membership or otherwise discriminates against an individual because the individual has not received an immunization or vaccine.
(c) An employment agency commits an unlawful employment practice if the employment agency classifies or refers for employment, fails or refuses to refer for employment, or otherwise discriminates against an individual because the individual has not received an immunization or vaccine.
Below I’ve included screen shots of Senate Bill 11 (text, PDF) as well as screen shots of Governor Abbott’s October 11, 2021 Executive Order (PDF).
Unfortunately, on October 18, 2021, the Texas legislature failed to pass a more strict bill, and now the issue of bans appears to be tabled. The legislature did not consider Senator Hall’s bill.
Nonetheless, it appears Governor Abbott’s order remains in effect until legislation banning vaccine mandates is passed or until it is successfully challenged through the Courts.