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Texas Gov. Greg Abbott
Gov. Greg Abbott issued an executive order Aug. 25 prohibiting government entities from requiring proof of COVID-19 vaccinations in Texas, whether approved or not by the U.S. Food and Drug Administration, as well as banning private entities from requiring customers to do so.
Excerpts address “COVID-19 vaccines administered under an ‘emergency use authorization’ by prohibiting vaccine mandates from governmental entities and by prohibiting ‘vaccine passports’ from governmental entities and certain others …”
Exceptions include nursing homes and state-funded assisted-living facilities.
Abbott’s proclamation comes two days after the FDA announced its approval of Pfizer-BioNTech’s coronavirus vaccine for people 16 and older.
Abbott’s previous order specifically prohibited those restrictions for COVID-19 shots with unapproved status.
In a statement Abbott said, “Vaccine requirements and exemptions have historically been determined by the legislature, and their involvement is particularly important to avoid a patchwork of vaccine mandates across Texas. …
“[I]t is appropriate to maintain the status quo of prohibiting vaccine mandates through executive order while allowing the legislature to consider this issue while in session,” the order continued.
The decision comes on the heels of this year’s regular session where Texas Senate Bill 968 passed to ban private businesses from requiring vaccination proof from customers.
In the same order, Abbott also placed the vaccination requirement consideration on the agenda in the current special session.
Although the governor’s order does not mandate how private businesses require coronavirus shots among its own employees, the document does addresses what requirements Texas business owners and operators are prohibited from placing on its customers.
“State agencies and political subdivisions shall not adopt or enforce any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual’s vaccination status for any COVID-19 vaccine,” the order stated.
Abbott also maintained in the order that “vaccines are encouraged for those eligible to receive one.”
Public entities that previously were attempting to mandate coronavirus vaccinations for employees as well as requiring face coverings included San Antonio Independent School District and Harris County.
On Aug. 26, the Texas Supreme Court temporarily upheld Abbott’s order prohibiting local government entities from mandating face coverings in public buildings and public spaces.
“[T]he decision to enforce mask mandates lies with the governor’s legislatively-granted authority,” Attorney General Ken Paxton wrote in a statement. “Mask mandates across our state are illegal, and judges must abide by the law.
“Further non-compliance will result in more lawsuits.”
"Vaccine requirements and exemptions have historically been determined by the legislature, and their involvement is particularly important to avoid a patchwork of vaccine mandates across Texas."
— Greg Abbott Governor, State of Texas