Across the US, state legislatures are proposing and passing laws to assert folks’ rights to decide for themselves whether to be vaccinated against COVID-19. Now, Texas legislators are proposing a new law, Senate Bill 51 that would make businesses and hospitals liable for discrimination if they mandate COVID-19 vaccinations. The Texas Tribune reports that while the state’s Republicans “wage a war” on vaccine mandates, a state Senate committee has voted on October 14 to advance SB 51. Medical and business groups have opposed this bill, cautioning that small businesses relying on federal money and immune-compromised people would be at risk. For his part, Texas Governor Greg Abbott says that vaccines are “safe, effective, and our best defense against the virus, but should always remain voluntary and never forced.” Per the Tribune, earlier in the week Abbott banned businesses from either employee or customer COVID-19 vaccine requirements via executive order.
Range of Opponents to Bill
Opponents of SB 51 included the American Cancer Society, the Texas Medical Association, and the Texas Pediatric Association who all asked the committee to leave medical facilities out of the bill’s covered entities. Facilities are concerned that they would lose Medicare and Medicaid payments if state law forbids them from following federal rules. “The state shouldn’t be mandating a one-size-fits-all approach to hospitals,” opines Steve Wohleb, vice president and general counsel of the Texas Hospital Association. “It should leave those decisions to the hospitals, who are in the best position to know what’s best for their patients.” Annie Spilman, who is state director at the National Federation of Independent Business, noted, “We’re not arguing the merits of vaccination, good or bad, here—You could fill in the blank on the subject matter—if it creates a cause of action, or any sort of adverse action against a small business employer who already operates on thin margins, we’re generally going to oppose it.”
Separate Bill Tabled
A day earlier, a separate House bill, HB 155 which would allow workers to opt-out of employer testing for reasons of conscience and also for acquired immunity, was tabled. Business, tort-reform, and assisted living representatives all opposed the bill. The “big-time concern” of the Texas Business Associate is the legal exposure that HB 155 could expose firms to. And Lee Parsley, with Texans for Lawsuit Reform, said that such firms do not have a way around federal mandates that kicked in on October 15. “I’m afraid you’re up against federal preemption—-No matter what you pass, the federal law has preempted it.” A representative of the Texas Hospital Association, opined that the law might, “be devastating. Hospitals rely heavily on Medicare and Medicaid funding. It would effectively shut every hospital down if they could not comply with that particular requirement.”
Abbott Acts
To date, Texas House and Senate members have proposed at least 22 bills to oppose mandatory vaccination schemes. One proposal that did pass was SB 968. Signed on June 7 by Governor Abbott, the law precludes Texas businesses from demanding COVID-19 vaccination documentation from customers. Businesses that do not comply with this law are no longer eligible to get state grants or contract with the state. SB 968 does not deal with what rights, if any, workers have regarding vaccine mandates. The above-mentioned executive order protects both workers and customers via an exemption from mandates for, “any reason of personal conscience.” It will likely be up to the courts to decide on the applicability of this order in the absence of legislative authorization.