Employer & Federal Vax Mandates - How Texas is Fighting Back via EO's, Legislation & Law Suits (with info resources & documents)
2-3-22: https://www.cnet.com/health/bidens-vaccine-mandate-is-dead-but-many-employees-still-need-vaccinations/
States banning COVID-19 vaccine mandates
At least 20 states with Republican governors, including Arkansas, Florida and Texas - see supporting info at https://ballotpedia.org/State_government_policies_about_vaccine_requirements_(vaccine_passports) - prohibit proof-of-vaccination requirements. That means businesses, schools and local government institutions can't enforce a vaccine mandate. (The same goes for requiring face masks.) The prohibitions went into effect through either legislation or executive orders.
Texas Gov. Greg Abbott issued an executive order banning all state entities, including private employers, from enforcing vaccine mandates on 10-11-22.
TX 10/11/21 Executive Order #GA-40 (PDF file):
https://gov.texas.gov/uploads/files/press/EO-GA-40_prohibiting_vaccine_mandates_legislative_action_IMAGE_10-11-2021.pdf
The Executive Order states that "no entity in Texas" can enforce vaccination against anyone in the state who objects "for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19," according to a news release from the governor's office. Under Abbott’s executive order, employers can’t make a worker get vaccinated if he or she “objects for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” Each violation can result in employers facing fines up to $1,000. However, “Texas law does not stop employers for instituting a policy where they’ll say everybody has to be tested every week,” Kapoor said.
Supporting article: https://www.cnn.com/2021/10/11/politics/texas-vaccine-mandate-greg-abbott/
For Texans, you can report an employer for mandating a COVID-19 vaccine by emailing [email protected]
Some governors are trying to prevent private employers, as well as the state, from requiring vaccines, according to the National Academy for State Health Policy: https://www.nashp.org/state-lawmakers-submit-bills-to-ban-employer-vaccine-mandates/. Some are also trying to prevent the use of vaccine passports, which show proof that you've been vaccinated against COVID-19: https://www.cnet.com/health/covid-19-vaccine-passports-will-play-a-part-in-global-travel/.
It looks like TX House Bill #SB-51 that was introduced on 10/12/21 has stalled (no movement since the bill passed thru the TX Senate Committee on 11/14/21): https://capitol.texas.gov/BillLookup/BillStages.aspx?LegSess=873&Bill=SB51
Summary: AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 51 amends the Health and Safety Code to prohibit a governmental entity from requiring a person to show proof of vaccination status or post transmission recovery in order to gain entry, access to, or receive services from that governmental entity. This does not prohibit a governmental entity from implementing COVID-19 screening.
S.B. 51 adds Section 161.0086 to the Heath and Safety Code to prohibit a political subdivision from requiring a person to be vaccinated against COVID-19.
The bill also amends the Education Code to prohibit an elementary or secondary school from requiring a COVID-19 vaccine. Public and private universities are also prohibited from requiring a COVID-19 vaccine.
S.B. 51 amends the Labor Code and requires that an employer, labor organization, or employment agency allow a person to claim an exemption from a required COVID-19 vaccination based on a medical condition or reasons of conscience, including a religious belief. If the employer does not hire, fires, or otherwise discriminates against an employee based upon these exemptions, that employer has committed an unlawful employment practice. If a labor organization excludes or expels an individual from membership based on these exemptions, the organization has committed an unlawful employment practice. An employment agency also commits an unlawful employment practice if they refer, fail to refer, or discriminate against an individual who claims an exemption.
A person claiming an exemption must complete and provide a signed and notarized affidavit on a form prescribed by S.B. 51 stating the reason for the exemption. The employer must provide these affidavit forms to an employee if asked. After receipt of the affidavit, the employer must exempt the person from a required COVID-19 vaccination.
The Texas Workforce Commission is required to develop and provide the exemption form on their website.
S.B. 51 also requires that health care facilities include an exemption from required vaccines based on reasons of conscience, including a religious belief, to their vaccine policy for their employees.
As proposed, S.B. 51 amends current law relating to prohibited COVID-19 vaccine mandates and vaccination status discrimination and to exemptions from certain vaccine requirements.
Texas suing Biden Admin over Business Vaccine Mandate: 11/5/21: https://www.fox4news.com/news/texas-suing-biden-administration-over-business-vaccine-mandate
Texas sues the Biden administration over federal COVID-19 vaccine mandates 10/29/21: https://www.texastribune.org/2021/10/29/texas-covid-19-vaccine-mandates-lawsuit/
Texas sues Biden administration for requiring health care workers to get COVID-19 vaccine 11/16/21: https://www.texastribune.org/2021/11/16/texas-sues-biden-vaccine-mandate/
2/4/22 Fort Worth Star Telegram article: "Vaccine mandates aren’t popular in Texas. Here’s how pending legal fights affect you" https://www.star-telegram.com/news/coronavirus/article257693808.html EXCERPTS: Republican Gov. Greg Abbott has fiercely opposed vaccine mandates, taking action against them through executive orders. (See: https://www.star-telegram.com/news/politics-government/article255299516.html). “As long as I am your commander-in-chief, I will not tolerate efforts to compel receipt of a COVID-19 vaccine,” Abbott said in a Jan. 4 letter (link to Gov Abbott's 1/4/22 letter: https://gov.texas.gov/uploads/files/press/O-NorrisTracy202201040280.pdf). But there are some Texans who do have to be vaccinated today. And court rulings in several pending cases in 2022 could add to that number (or subtract from it) - see cases info at: https://www.texasattorneygeneral.gov/texas-vs-federal-vaccine-mandates. CAN TEXAS BUSINESSES REQUIRE CUSTOMERS TO BE VACCINATED? No. Texas businesses cannot require customers to provide proof of vaccination for entry or service. Abbott announced on Twitter (see tweet with video at: https://twitter.com/GregAbbott_TX/status/1402022555960086531) on 6/7/21 that he had signed a law banning Texas businesses from requiring customers provide “vaccine passports,” documentation proving they had received the shots. DO FEDERAL WORKERS IN TEXAS HAVE TO GET VACCINATED? No, but that could change. On Jan. 21, a federal judge in Texas ordered a temporary halt to the Biden administration’s vaccine mandate for federal workers. Judge Jeffrey Brown of the U.S. District Court for the Southern District of Texas, said the government is “enjoined from implementing or enforcing Executive Order 14043 until this case is resolved on the merits.” CAN TEXAS SCHOOL DISTRICTS REQUIRE TEACHERS TO GET VACCINATED? No. Texas school districts cannot require teachers to be vaccinated against COVID-19, according to Education Week. Abbott issued an executive order in August saying that “no governmental entity can compel any individual to receive a COVID-19 vaccine.” Neither can Head Start, the federal early childhood education program. In January, Texas Attorney General Ken Paxton obtained a statewide preliminary injunction from a Lubbock federal District Court judge that immediately halted implementation of the administration’s mandate requiring Head Start staff to get vaccinated. ARE NATIONAL GUARD MEMBERS REQUIRED TO GET VACCINATED? Yes, but that could change. All military service members are required to get vaccinated, Defense Secretary Lloyd Austin announced Aug. 24. On Jan. 19, the Texas attorney general sued the administration over a vaccine mandate for the Texas Army National Guard and the Texas Air National Guard. A temporary halt on the mandate could soon be granted. 1/5/22: https://townhall.com/tipsheet/leahbarkoukis/2022/01/05/texas-sues-biden-admin-over-vax-mandate-n2601428
TX HEALTHCARE WORKERS REQUIREMENT TO GET VAXXED: 11/16/21: Texas sues Biden administration for requiring health care workers get COVID-19 vaccine https://www.kxxv.com/hometown/texas/texas-sues-biden-administration-for-requiring-health-care-workers-get-covid-19-vaccine
11/16/21: The state has also challenged the federal government’s vaccination mandates for big businesses and federal contractors. https://www.texastribune.org/2021/11/16/texas-sues-biden-vaccine-mandate/
State governments have enacted various rules around the use of proof-of-vaccination requirements in their states, such as banning proof-of-vaccination requirements in some circumstances or implementing policies—sometimes called vaccine passports—that allow vaccinated people to bypass COVID-19 restrictions or engage in activities unavailable to unvaccinated people. 2/2/22: https://ballotpedia.org/State_government_policies_about_vaccine_requirements_(vaccine_passports)
Twenty states, all with Republican governors, prohibit proof-of-vaccination requirements. In eleven states, governors banned proof-of-vaccination requirements through executive orders. In nine states, legislators passed laws banning proof-of-vaccination requirements. List of Republican Governors: https://ballotpedia.org/Partisan_composition_of_governors
Five states—California, New York, Hawaii, and Oregon, and Washington—have facilitated the creation of digital vaccination status applications or passed laws or enacted orders exempting fully vaccinated individuals from some COVID-19 restrictions if they can provide proof of vaccination. All five states have Democratic governors: https://ballotpedia.org/Partisan_composition_of_governors
Some governors are trying to prevent private employers, as well as the state, from requiring vaccines, according to the National Academy for State Health Policy. Some are also trying to prevent the use of vaccine passports, which show proof that you've been vaccinated against COVID-19. The latest on the COVID-19 vaccine requirements •The Department of Health and Human Services will require vaccinations in Head Start programs, as well as schools run by the Department of Defense and the Bureau of Indian Education. The strategy also calls on state officials to make vaccinations mandatory for teachers and school staff. •Workers in health care facilities that receive Medicare and Medicaid reimbursements, including hospitals and home health agencies, are still required to be fully vaccinated. The Supreme Court voted to keep the mandate in effect for health care workers. •Individuals applying to become lawful permanent US residents must be fully vaccinated, according to the US Citizenship and Immigration Services. •The vaccine mandate for federal workers and employees of contractors that do business with the federal government is currently blocked, but hasn't been withdrawn at this time. Nov. 22 was the deadline for them to get the vaccine. President Biden also called on entertainment venues to require proof of vaccination or a negative test to enter their facilities. The administration is also upping fines for those who fail to wear masks on airplanes, trains and buses.
Companies with employee vaccination requirements Companies that have implemented plans for mandatory vaccinations include airlines, cruise lines, concert halls, health care facilities and restaurants. Some of the requirements may include mask and testing guidelines, and some may only apply to employees traveling internationally, working in the office or having face-to-face interactions with customers. If any of these applies to you, check with your employer for more details. Here are some of the companies that have announced vaccination requirements for employees: •Amtrak •AT&T •DoorDash •Facebook •Ford •General Electric •Google •IBM •Lyft •McDonald's •Microsoft •NBCUniversal •Netflix •Salesforce •Southwest Airlines •Twitter •Tyson Foods •Uber •United Airlines •Visa •Walgreens •Walmart
Vaccine requirements for US military and police In August, the Pentagon said (PDF) that all 1.3 million active-duty service members will need to receive COVID-19 vaccinations. The directive covers all active-duty members of the Armed Forces or in the Ready Reserve, including the National Guard.
Many cities, states and universities have vaccine mandates Several states, including California and New York, require state employees to be vaccinated. Additionally, several cities, like New York City and San Francisco, require proof of vaccination for inside dining, gyms and other indoor activities. There's a mandate that applies to all city workers in New York City and comes with a $500 bonus for getting vaccinated. Los Angeles County requires proof of vaccination to enter indoor bars, nightclubs, breweries and wineries. Los Angeles also approved its strictest COVID-19 vaccination mandate, which requires people age 12 and older to be fully vaccinated before entering public indoor places. Also in California, a judge ordered vaccine mandates for prison guards and staff. California Gov. Gavin Newsom says all students, elementary through high school, will be required to get the shot. Nine states, as well as the District of Columbia and Puerto Rico, have vaccination requirements for staff in K-12 schools.
More than 900 colleges and universities are also requiring vaccines for students who plan to attend in-person classes -- more than 300 of those schools also require boosters for all eligible students.
2-5-22: 16 States File New Challenge to Biden Administration’s Health Care Worker COVID-19 Vaccine Mandate
Employer & Federal Vax Mandates - How Texas is Fighting Back via EO's, Legislation & Law Suits (with info resources & documents)
2-3-22: https://www.cnet.com/health/bidens-vaccine-mandate-is-dead-but-many-employees-still-need-vaccinations/
States banning COVID-19 vaccine mandates
At least 20 states with Republican governors, including Arkansas, Florida and Texas - see supporting info at https://ballotpedia.org/State_government_policies_about_vaccine_requirements_(vaccine_passports) - prohibit proof-of-vaccination requirements. That means businesses, schools and local government institutions can't enforce a vaccine mandate. (The same goes for requiring face masks.) The prohibitions went into effect through either legislation or executive orders.
Texas Gov. Greg Abbott issued an executive order banning all state entities, including private employers, from enforcing vaccine mandates on 10-11-22.
TX 10/11/21 Executive Order #GA-40 (PDF file):
https://gov.texas.gov/uploads/files/press/EO-GA-40_prohibiting_vaccine_mandates_legislative_action_IMAGE_10-11-2021.pdf
The Executive Order states that "no entity in Texas" can enforce vaccination against anyone in the state who objects "for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19," according to a news release from the governor's office. Under Abbott’s executive order, employers can’t make a worker get vaccinated if he or she “objects for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” Each violation can result in employers facing fines up to $1,000. However, “Texas law does not stop employers for instituting a policy where they’ll say everybody has to be tested every week,” Kapoor said.
Supporting article: https://www.cnn.com/2021/10/11/politics/texas-vaccine-mandate-greg-abbott/
For Texans, you can report an employer for mandating a COVID-19 vaccine by emailing [email protected]
Some governors are trying to prevent private employers, as well as the state, from requiring vaccines, according to the National Academy for State Health Policy: https://www.nashp.org/state-lawmakers-submit-bills-to-ban-employer-vaccine-mandates/. Some are also trying to prevent the use of vaccine passports, which show proof that you've been vaccinated against COVID-19: https://www.cnet.com/health/covid-19-vaccine-passports-will-play-a-part-in-global-travel/.
It looks like TX House Bill #SB-51 that was introduced on 10/12/21 has stalled (no movement since the bill passed thru the TX Senate Committee on 11/14/21): https://capitol.texas.gov/BillLookup/BillStages.aspx?LegSess=873&Bill=SB51
Summary: AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 51 amends the Health and Safety Code to prohibit a governmental entity from requiring a person to show proof of vaccination status or post transmission recovery in order to gain entry, access to, or receive services from that governmental entity. This does not prohibit a governmental entity from implementing COVID-19 screening.
S.B. 51 adds Section 161.0086 to the Heath and Safety Code to prohibit a political subdivision from requiring a person to be vaccinated against COVID-19.
The bill also amends the Education Code to prohibit an elementary or secondary school from requiring a COVID-19 vaccine. Public and private universities are also prohibited from requiring a COVID-19 vaccine.
S.B. 51 amends the Labor Code and requires that an employer, labor organization, or employment agency allow a person to claim an exemption from a required COVID-19 vaccination based on a medical condition or reasons of conscience, including a religious belief. If the employer does not hire, fires, or otherwise discriminates against an employee based upon these exemptions, that employer has committed an unlawful employment practice. If a labor organization excludes or expels an individual from membership based on these exemptions, the organization has committed an unlawful employment practice. An employment agency also commits an unlawful employment practice if they refer, fail to refer, or discriminate against an individual who claims an exemption.
A person claiming an exemption must complete and provide a signed and notarized affidavit on a form prescribed by S.B. 51 stating the reason for the exemption. The employer must provide these affidavit forms to an employee if asked. After receipt of the affidavit, the employer must exempt the person from a required COVID-19 vaccination.
The Texas Workforce Commission is required to develop and provide the exemption form on their website.
S.B. 51 also requires that health care facilities include an exemption from required vaccines based on reasons of conscience, including a religious belief, to their vaccine policy for their employees.
As proposed, S.B. 51 amends current law relating to prohibited COVID-19 vaccine mandates and vaccination status discrimination and to exemptions from certain vaccine requirements.
Texas suing Biden Admin over Business Vaccine Mandate: 11/5/21: https://www.fox4news.com/news/texas-suing-biden-administration-over-business-vaccine-mandate
Texas sues the Biden administration over federal COVID-19 vaccine mandates 10/29/21: https://www.texastribune.org/2021/10/29/texas-covid-19-vaccine-mandates-lawsuit/
Texas sues Biden administration for requiring health care workers to get COVID-19 vaccine 11/16/21: https://www.texastribune.org/2021/11/16/texas-sues-biden-vaccine-mandate/
2/4/22 Fort Worth Star Telegram article: "Vaccine mandates aren’t popular in Texas. Here’s how pending legal fights affect you" https://www.star-telegram.com/news/coronavirus/article257693808.html EXCERPTS: Republican Gov. Greg Abbott has fiercely opposed vaccine mandates, taking action against them through executive orders. (See: https://www.star-telegram.com/news/politics-government/article255299516.html). “As long as I am your commander-in-chief, I will not tolerate efforts to compel receipt of a COVID-19 vaccine,” Abbott said in a Jan. 4 letter (link to Gov Abbott's 1/4/22 letter: https://gov.texas.gov/uploads/files/press/O-NorrisTracy202201040280.pdf). But there are some Texans who do have to be vaccinated today. And court rulings in several pending cases in 2022 could add to that number (or subtract from it) - see cases info at: https://www.texasattorneygeneral.gov/texas-vs-federal-vaccine-mandates. CAN TEXAS BUSINESSES REQUIRE CUSTOMERS TO BE VACCINATED? No. Texas businesses cannot require customers to provide proof of vaccination for entry or service. Abbott announced on Twitter (see tweet with video at: https://twitter.com/GregAbbott_TX/status/1402022555960086531) on 6/7/21 that he had signed a law banning Texas businesses from requiring customers provide “vaccine passports,” documentation proving they had received the shots. DO FEDERAL WORKERS IN TEXAS HAVE TO GET VACCINATED? No, but that could change. On Jan. 21, a federal judge in Texas ordered a temporary halt to the Biden administration’s vaccine mandate for federal workers. Judge Jeffrey Brown of the U.S. District Court for the Southern District of Texas, said the government is “enjoined from implementing or enforcing Executive Order 14043 until this case is resolved on the merits.” CAN TEXAS SCHOOL DISTRICTS REQUIRE TEACHERS TO GET VACCINATED? No. Texas school districts cannot require teachers to be vaccinated against COVID-19, according to Education Week. Abbott issued an executive order in August saying that “no governmental entity can compel any individual to receive a COVID-19 vaccine.” Neither can Head Start, the federal early childhood education program. In January, Texas Attorney General Ken Paxton obtained a statewide preliminary injunction from a Lubbock federal District Court judge that immediately halted implementation of the administration’s mandate requiring Head Start staff to get vaccinated. ARE NATIONAL GUARD MEMBERS REQUIRED TO GET VACCINATED? Yes, but that could change. All military service members are required to get vaccinated, Defense Secretary Lloyd Austin announced Aug. 24. On Jan. 19, the Texas attorney general sued the administration over a vaccine mandate for the Texas Army National Guard and the Texas Air National Guard. A temporary halt on the mandate could soon be granted. 1/5/22: https://townhall.com/tipsheet/leahbarkoukis/2022/01/05/texas-sues-biden-admin-over-vax-mandate-n2601428
TX HEALTHCARE WORKERS REQUIREMENT TO GET VAXXED: 11/16/21: Texas sues Biden administration for requiring health care workers get COVID-19 vaccine https://www.kxxv.com/hometown/texas/texas-sues-biden-administration-for-requiring-health-care-workers-get-covid-19-vaccine
11/16/21: The state has also challenged the federal government’s vaccination mandates for big businesses and federal contractors. https://www.texastribune.org/2021/11/16/texas-sues-biden-vaccine-mandate/
State governments have enacted various rules around the use of proof-of-vaccination requirements in their states, such as banning proof-of-vaccination requirements in some circumstances or implementing policies—sometimes called vaccine passports—that allow vaccinated people to bypass COVID-19 restrictions or engage in activities unavailable to unvaccinated people. 2/2/22: https://ballotpedia.org/State_government_policies_about_vaccine_requirements_(vaccine_passports)
Twenty states, all with Republican governors, prohibit proof-of-vaccination requirements. In eleven states, governors banned proof-of-vaccination requirements through executive orders. In nine states, legislators passed laws banning proof-of-vaccination requirements. List of Republican Governors: https://ballotpedia.org/Partisan_composition_of_governors
Five states—California, New York, Hawaii, and Oregon, and Washington—have facilitated the creation of digital vaccination status applications or passed laws or enacted orders exempting fully vaccinated individuals from some COVID-19 restrictions if they can provide proof of vaccination. All five states have Democratic governors: https://ballotpedia.org/Partisan_composition_of_governors
Some governors are trying to prevent private employers, as well as the state, from requiring vaccines, according to the National Academy for State Health Policy. Some are also trying to prevent the use of vaccine passports, which show proof that you've been vaccinated against COVID-19. The latest on the COVID-19 vaccine requirements •The Department of Health and Human Services will require vaccinations in Head Start programs, as well as schools run by the Department of Defense and the Bureau of Indian Education. The strategy also calls on state officials to make vaccinations mandatory for teachers and school staff. •Workers in health care facilities that receive Medicare and Medicaid reimbursements, including hospitals and home health agencies, are still required to be fully vaccinated. The Supreme Court voted to keep the mandate in effect for health care workers. •Individuals applying to become lawful permanent US residents must be fully vaccinated, according to the US Citizenship and Immigration Services. •The vaccine mandate for federal workers and employees of contractors that do business with the federal government is currently blocked, but hasn't been withdrawn at this time. Nov. 22 was the deadline for them to get the vaccine. President Biden also called on entertainment venues to require proof of vaccination or a negative test to enter their facilities. The administration is also upping fines for those who fail to wear masks on airplanes, trains and buses.
Companies with employee vaccination requirements Companies that have implemented plans for mandatory vaccinations include airlines, cruise lines, concert halls, health care facilities and restaurants. Some of the requirements may include mask and testing guidelines, and some may only apply to employees traveling internationally, working in the office or having face-to-face interactions with customers. If any of these applies to you, check with your employer for more details. Here are some of the companies that have announced vaccination requirements for employees: •Amtrak •AT&T •DoorDash •Facebook •Ford •General Electric •Google •IBM •Lyft •McDonald's •Microsoft •NBCUniversal •Netflix •Salesforce •Southwest Airlines •Twitter •Tyson Foods •Uber •United Airlines •Visa •Walgreens •Walmart
Vaccine requirements for US military and police In August, the Pentagon said (PDF) that all 1.3 million active-duty service members will need to receive COVID-19 vaccinations. The directive covers all active-duty members of the Armed Forces or in the Ready Reserve, including the National Guard.
Many cities, states and universities have vaccine mandates Several states, including California and New York, require state employees to be vaccinated. Additionally, several cities, like New York City and San Francisco, require proof of vaccination for inside dining, gyms and other indoor activities. There's a mandate that applies to all city workers in New York City and comes with a $500 bonus for getting vaccinated. Los Angeles County requires proof of vaccination to enter indoor bars, nightclubs, breweries and wineries. Los Angeles also approved its strictest COVID-19 vaccination mandate, which requires people age 12 and older to be fully vaccinated before entering public indoor places. Also in California, a judge ordered vaccine mandates for prison guards and staff. California Gov. Gavin Newsom says all students, elementary through high school, will be required to get the shot. Nine states, as well as the District of Columbia and Puerto Rico, have vaccination requirements for staff in K-12 schools.
More than 900 colleges and universities are also requiring vaccines for students who plan to attend in-person classes -- more than 300 of those schools also require boosters for all eligible students.
2-5-22: 16 States File New Challenge to Biden Administration’s Health Care Worker COVID-19 Vaccine Mandate
Employer & Federal Vax Mandates - How Texas is Fighting Back via EO's, Legislation & Law Suits (with info resources & documents)
2-3-22: https://www.cnet.com/health/bidens-vaccine-mandate-is-dead-but-many-employees-still-need-vaccinations/
States banning COVID-19 vaccine mandates
At least 20 states with Republican governors, including Arkansas, Florida and Texas - see supporting info at https://ballotpedia.org/State_government_policies_about_vaccine_requirements_(vaccine_passports) - prohibit proof-of-vaccination requirements. That means businesses, schools and local government institutions can't enforce a vaccine mandate. (The same goes for requiring face masks.) The prohibitions went into effect through either legislation or executive orders.
Texas Gov. Greg Abbott issued an executive order banning all state entities, including private employers, from enforcing vaccine mandates on 10-11-22.
TX 10/11/21 Executive Order #GA-40 (PDF file):
https://gov.texas.gov/uploads/files/press/EO-GA-40_prohibiting_vaccine_mandates_legislative_action_IMAGE_10-11-2021.pdf
The Executive Order states that "no entity in Texas" can enforce vaccination against anyone in the state who objects "for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19," according to a news release from the governor's office. Under Abbott’s executive order, employers can’t make a worker get vaccinated if he or she “objects for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” Each violation can result in employers facing fines up to $1,000. However, “Texas law does not stop employers for instituting a policy where they’ll say everybody has to be tested every week,” Kapoor said.
Supporting article: https://www.cnn.com/2021/10/11/politics/texas-vaccine-mandate-greg-abbott/
For Texans, you can report an employer for mandating a COVID-19 vaccine by emailing [email protected]
Some governors are trying to prevent private employers, as well as the state, from requiring vaccines, according to the National Academy for State Health Policy: https://www.nashp.org/state-lawmakers-submit-bills-to-ban-employer-vaccine-mandates/. Some are also trying to prevent the use of vaccine passports, which show proof that you've been vaccinated against COVID-19: https://www.cnet.com/health/covid-19-vaccine-passports-will-play-a-part-in-global-travel/.
It looks like TX House Bill #SB-51 that was introduced on 10/12/21 has stalled (no movement since the bill passed thru the TX Senate Committee on 11/14/21): https://capitol.texas.gov/BillLookup/BillStages.aspx?LegSess=873&Bill=SB51
Summary: AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 51 amends the Health and Safety Code to prohibit a governmental entity from requiring a person to show proof of vaccination status or post transmission recovery in order to gain entry, access to, or receive services from that governmental entity. This does not prohibit a governmental entity from implementing COVID-19 screening.
S.B. 51 adds Section 161.0086 to the Heath and Safety Code to prohibit a political subdivision from requiring a person to be vaccinated against COVID-19.
The bill also amends the Education Code to prohibit an elementary or secondary school from requiring a COVID-19 vaccine. Public and private universities are also prohibited from requiring a COVID-19 vaccine.
S.B. 51 amends the Labor Code and requires that an employer, labor organization, or employment agency allow a person to claim an exemption from a required COVID-19 vaccination based on a medical condition or reasons of conscience, including a religious belief. If the employer does not hire, fires, or otherwise discriminates against an employee based upon these exemptions, that employer has committed an unlawful employment practice. If a labor organization excludes or expels an individual from membership based on these exemptions, the organization has committed an unlawful employment practice. An employment agency also commits an unlawful employment practice if they refer, fail to refer, or discriminate against an individual who claims an exemption.
A person claiming an exemption must complete and provide a signed and notarized affidavit on a form prescribed by S.B. 51 stating the reason for the exemption. The employer must provide these affidavit forms to an employee if asked. After receipt of the affidavit, the employer must exempt the person from a required COVID-19 vaccination.
The Texas Workforce Commission is required to develop and provide the exemption form on their website.
S.B. 51 also requires that health care facilities include an exemption from required vaccines based on reasons of conscience, including a religious belief, to their vaccine policy for their employees.
As proposed, S.B. 51 amends current law relating to prohibited COVID-19 vaccine mandates and vaccination status discrimination and to exemptions from certain vaccine requirements.
Texas suing Biden Admin over Business Vaccine Mandate: 11/5/21: https://www.fox4news.com/news/texas-suing-biden-administration-over-business-vaccine-mandate
Texas sues the Biden administration over federal COVID-19 vaccine mandates 10/29/21: https://www.texastribune.org/2021/10/29/texas-covid-19-vaccine-mandates-lawsuit/
Texas sues Biden administration for requiring health care workers to get COVID-19 vaccine 11/16/21: https://www.texastribune.org/2021/11/16/texas-sues-biden-vaccine-mandate/
2/4/22 Fort Worth Star Telegram article: "Vaccine mandates aren’t popular in Texas. Here’s how pending legal fights affect you" https://www.star-telegram.com/news/coronavirus/article257693808.html EXCERPTS: Republican Gov. Greg Abbott has fiercely opposed vaccine mandates, taking action against them through executive orders. (See: https://www.star-telegram.com/news/politics-government/article255299516.html). “As long as I am your commander-in-chief, I will not tolerate efforts to compel receipt of a COVID-19 vaccine,” Abbott said in a Jan. 4 letter (link to Gov Abbott's 1/4/22 letter: https://gov.texas.gov/uploads/files/press/O-NorrisTracy202201040280.pdf). But there are some Texans who do have to be vaccinated today. And court rulings in several pending cases in 2022 could add to that number (or subtract from it) - see cases info at: https://www.texasattorneygeneral.gov/texas-vs-federal-vaccine-mandates. CAN TEXAS BUSINESSES REQUIRE CUSTOMERS TO BE VACCINATED? No. Texas businesses cannot require customers to provide proof of vaccination for entry or service. Abbott announced on Twitter (see tweet with video at: https://twitter.com/GregAbbott_TX/status/1402022555960086531) on 6/7/21 that he had signed a law banning Texas businesses from requiring customers provide “vaccine passports,” documentation proving they had received the shots. DO FEDERAL WORKERS IN TEXAS HAVE TO GET VACCINATED? No, but that could change. On Jan. 21, a federal judge in Texas ordered a temporary halt to the Biden administration’s vaccine mandate for federal workers. Judge Jeffrey Brown of the U.S. District Court for the Southern District of Texas, said the government is “enjoined from implementing or enforcing Executive Order 14043 until this case is resolved on the merits.” CAN TEXAS SCHOOL DISTRICTS REQUIRE TEACHERS TO GET VACCINATED? No. Texas school districts cannot require teachers to be vaccinated against COVID-19, according to Education Week. Abbott issued an executive order in August saying that “no governmental entity can compel any individual to receive a COVID-19 vaccine.” Neither can Head Start, the federal early childhood education program. In January, Texas Attorney General Ken Paxton obtained a statewide preliminary injunction from a Lubbock federal District Court judge that immediately halted implementation of the administration’s mandate requiring Head Start staff to get vaccinated. ARE NATIONAL GUARD MEMBERS REQUIRED TO GET VACCINATED? Yes, but that could change. All military service members are required to get vaccinated, Defense Secretary Lloyd Austin announced Aug. 24. On Jan. 19, the Texas attorney general sued the administration over a vaccine mandate for the Texas Army National Guard and the Texas Air National Guard. A temporary halt on the mandate could soon be granted. 1/5/22: https://townhall.com/tipsheet/leahbarkoukis/2022/01/05/texas-sues-biden-admin-over-vax-mandate-n2601428
TX HEALTHCARE WORKERS REQUIREMENT TO GET VAXXED: 11/16/21: Texas sues Biden administration for requiring health care workers get COVID-19 vaccine https://www.kxxv.com/hometown/texas/texas-sues-biden-administration-for-requiring-health-care-workers-get-covid-19-vaccine
11/16/21: The state has also challenged the federal government’s vaccination mandates for big businesses and federal contractors. https://www.texastribune.org/2021/11/16/texas-sues-biden-vaccine-mandate/
State governments have enacted various rules around the use of proof-of-vaccination requirements in their states, such as banning proof-of-vaccination requirements in some circumstances or implementing policies—sometimes called vaccine passports—that allow vaccinated people to bypass COVID-19 restrictions or engage in activities unavailable to unvaccinated people. 2/2/22: https://ballotpedia.org/State_government_policies_about_vaccine_requirements_(vaccine_passports)
Twenty states, all with Republican governors, prohibit proof-of-vaccination requirements. In eleven states, governors banned proof-of-vaccination requirements through executive orders. In nine states, legislators passed laws banning proof-of-vaccination requirements. List of Republican Governors: https://ballotpedia.org/Partisan_composition_of_governors
Five states—California, New York, Hawaii, and Oregon, and Washington—have facilitated the creation of digital vaccination status applications or passed laws or enacted orders exempting fully vaccinated individuals from some COVID-19 restrictions if they can provide proof of vaccination. All five states have Democratic governors: https://ballotpedia.org/Partisan_composition_of_governors
Some governors are trying to prevent private employers, as well as the state, from requiring vaccines, according to the National Academy for State Health Policy. Some are also trying to prevent the use of vaccine passports, which show proof that you've been vaccinated against COVID-19. The latest on the COVID-19 vaccine requirements • The Department of Health and Human Services will require vaccinations in Head Start programs, as well as schools run by the Department of Defense and the Bureau of Indian Education. The strategy also calls on state officials to make vaccinations mandatory for teachers and school staff. • Workers in health care facilities that receive Medicare and Medicaid reimbursements, including hospitals and home health agencies, are still required to be fully vaccinated. The Supreme Court voted to keep the mandate in effect for health care workers. • Individuals applying to become lawful permanent US residents must be fully vaccinated, according to the US Citizenship and Immigration Services. • The vaccine mandate for federal workers and employees of contractors that do business with the federal government is currently blocked, but hasn't been withdrawn at this time. Nov. 22 was the deadline for them to get the vaccine. President Biden also called on entertainment venues to require proof of vaccination or a negative test to enter their facilities. The administration is also upping fines for those who fail to wear masks on airplanes, trains and buses.
Companies with employee vaccination requirements Companies that have implemented plans for mandatory vaccinations include airlines, cruise lines, concert halls, health care facilities and restaurants. Some of the requirements may include mask and testing guidelines, and some may only apply to employees traveling internationally, working in the office or having face-to-face interactions with customers. If any of these applies to you, check with your employer for more details. Here are some of the companies that have announced vaccination requirements for employees: • Amtrak • AT&T • DoorDash • Facebook • Ford • General Electric • Google • IBM • Lyft • McDonald's • Microsoft • NBCUniversal • Netflix • Salesforce • Southwest Airlines • Twitter • Tyson Foods • Uber • United Airlines • Visa • Walgreens • Walmart
Vaccine requirements for US military and police In August, the Pentagon said (PDF) that all 1.3 million active-duty service members will need to receive COVID-19 vaccinations. The directive covers all active-duty members of the Armed Forces or in the Ready Reserve, including the National Guard.
Many cities, states and universities have vaccine mandates Several states, including California and New York, require state employees to be vaccinated. Additionally, several cities, like New York City and San Francisco, require proof of vaccination for inside dining, gyms and other indoor activities. There's a mandate that applies to all city workers in New York City and comes with a $500 bonus for getting vaccinated. Los Angeles County requires proof of vaccination to enter indoor bars, nightclubs, breweries and wineries. Los Angeles also approved its strictest COVID-19 vaccination mandate, which requires people age 12 and older to be fully vaccinated before entering public indoor places. Also in California, a judge ordered vaccine mandates for prison guards and staff. California Gov. Gavin Newsom says all students, elementary through high school, will be required to get the shot. Nine states, as well as the District of Columbia and Puerto Rico, have vaccination requirements for staff in K-12 schools.
More than 900 colleges and universities are also requiring vaccines for students who plan to attend in-person classes -- more than 300 of those schools also require boosters for all eligible students.
2-5-22: 16 States File New Challenge to Biden Administration’s Health Care Worker COVID-19 Vaccine Mandate