Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
Once again, conservative lawmakers in Texas are making an effort to ban private businesses from mandating COVID-19 vaccinations for their employees.
After years of Republican efforts to control COVID-related restrictions such as mask mandates and vaccine requirements, the new legislation has finally been introduced.
Senate Bill 7, by Galveston Republican Sen. Mayes Middleton, offers no exceptions to its proposed ban on vaccine mandates by private businesses and would subject employers to state fines and other actions if they fire or punish employees who refuse the shot. The Senate Health and Human Services Committee quickly passed the bill Tuesday, the second day of a special legislative session.
Middleton emphasized to the committee that the issue at hand revolves around safeguarding the personal freedoms and medical autonomy of every Texan. He firmly stated that nobody should be compelled to face the distressing dilemma of choosing between providing for their family and prioritizing their well-being or adhering to their own vaccination preferences.
The bill was approved by the committee along party lines, with six Republicans in favor and three Democrats against. It is possible that the legislation may be presented for discussion on the Senate floor as early as Thursday. During this debate, proposed amendments may be introduced to establish exceptions for health care facilities.
In late 2021, Republican Gov. Greg Abbott issued an executive order banning the mandates, but it touched off confusion over who was covered by the order and how enforceable it was. That order expired in June, triggering a legislative attempt to codify it during the regular session earlier this year. After that attempt failed, Abbott added the issue to the agenda for this year’s third special legislative session.
Last month, a newly implemented state law came into force, prohibiting governmental entities from mandating the COVID-19 vaccine.
The current lack of exceptions for doctors’ offices, clinics or other health facilities triggered objections by two members of the committee who have had kidney transplants — Sen. Kelly Hancock, R-North Richland Hills, and Sen. Borris Miles, D-Houston — as well as some skepticism by the Republican committee chair, Sen. Lois Kolkhorst, R-Brenham.
Both Miles and Hancock made the case that individuals with compromised immune systems, including themselves, should be provided with safe environments for seeking medical treatment. They appealed to Middleton, urging him to contemplate the inclusion of specific exemptions for such locations or situations.
Hancock emphasized the need for a focused and nuanced approach rather than addressing this issue in a simplistic political manner. He stressed the importance of addressing it with precision, not intending any pun, while also acknowledging that granting freedom to certain individuals may result in limitations for others.
Miles, who relies on a daily intake of eight antibiotics to safeguard his donated kidney from potential infections, expressed concerns that limiting the authority of specific healthcare professionals to protect susceptible patients might impede their access to necessary care.
Miles expressed the immense significance this holds not only for himself but also for the numerous kidney patients in this state. He acknowledged its tremendous value to the elderly as well. Regardless of political affiliations, this issue transcends Texas and the divide between Republicans and Democrats. It goes beyond the colors of blue and red. The primary concern here is the safety of healthcare. Miles sincerely hopes to eventually persuade Middleton on this matter.
Several Republican committee members who backed the bill inquired whether opponents would be open to a version of the legislation that granted businesses exemption from the ban, on the condition that they couldn’t penalize employees asserting medical, religious, or conscientious objections to receiving the vaccine.
According to Kolkhorst, the core of the debate revolves around a lack of trust in science due to insufficient, trustworthy data regarding the safety and effectiveness of the COVID-19 vaccination, as believed by her and a few others.
Legislation she and Middleton carried during the regular session earlier this year included exemptions for private employers that allow employees to opt out for medical or conscience reasons.
Additionally, the exemption would have applied to health care facilities, allowing them to enforce vaccine mandates, provided that employees were not compelled to take the vaccine if their doctors deemed them medically unsuitable.
In either scenario, the business or facility would have had the obligation to establish protocols for safeguarding other employees from potential exposure by unvaccinated staff members.
That bill passed the Senate but died near the end of the regular session in May without a hearing in a House committee. A similar effort died in 2021 after business groups rallied against it.
Kolkhorst expressed her belief that discussing SB 7 is important, but emphasized the need for caution in how it is approached and how the concerns of the committee members are addressed. She acknowledged the different experiences and challenges faced by committee members, particularly highlighting Senator Miles’ health-related circumstances.
During Tuesday’s hearing in the Texas Senate chamber, proponents of the bill, who are against vaccines, confronted the Texas Medical Association, hospitals, and nursing homes at the witness table. The latter requested to be excluded from the bill or granted certain exemptions.
Dr. Jimmy Widmer, a family physician and former leader of TEXPAC, the political arm of the Texas Medical Association, emphasized the importance of granting physicians and health care facilities the flexibility to prioritize the well-being of both patients and staff. According to Dr. Widmer, it is crucial for doctor’s offices in Texas to be able to independently decide on vaccination policies that align with the specific requirements of the patients they serve.
However, proponents of the bill argue that if there were to be a ban on vaccine mandates, it should primarily apply to the health care industry, considering their crucial involvement in the nation’s pandemic response.
Dawn Richardson, director of advocacy for the National Vaccine Information Center, stated that these businesses are the most egregious offenders when it comes to mistreating their employees. She emphasized that it is not a matter of health but rather about exerting control. Richardson believes that by imposing a vaccine mandate and willingly jeopardizing their employees’ livelihoods and well-being, these businesses clearly exhibit the need for equal accountability as other establishments.
Disclosure: Texas Medical Association has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
