Texas House advances measure to prohibit COVID vaccine workplace mandates

AUSTIN — Texas employers could not require workers and people under contract to be vaccinated against COVID-19, and would be fined $50,000 if they tried to − but they would be allowed to require those who are not vaccinated to wear protective equipment when they associate with others under legislation advanced Wednesday in the House.

The measure, Senate Bill 7, passed largely along party lines in the lower chamber. And because it was modified by the House, it cannot be sent to Gov. Greg Abbott to be signed into law unless the Senate signs off on the changes or the two chambers reconcile their differences.

State Rep. Jeff Leach, R-Plano, said no Texans lose their jobs or are denied employment because they choose not to be vaccinated against the virus that caused a worldwide pandemic and was responsible for nearly 1.15 million U.S. deaths, including almost 93,400 in Texas.

"We are not going to let employers fire an employee for not taking the COVID vaccine, period," Leach said during the extended floor debate.

The House Republican majority defeated Democratic efforts to exempt health care providers and child care centers from the legislation and to spell out what specific steps employers might take without fear of reprisal if they chose to separate unvaccinated workers from others on the job.

Some Republican members sought to broaden the reach of the bill, but their amendments were ruled off topic and were not considered.

The measure, while not allowing facilities and hospitals, clinics and doctors' offices to mandate the vaccine as a condition of employment, would allow such facilities to "establish and enforce a reasonable policy that includes requiring the use of protective medical equipment" for unvaccinated workers "based on the level of risk the individual presents to patients."

It would also prohibit all employers from taking "adverse action" against workers that could be seen as "punishing" or "alienating" them for opting not be vaccinated against COVID.

During the floor debate, Democrat Rafael Anchia of Dallas asked Leach if requiring unvaccinated workers to don basic personal protective equipment such as a face mask when they come into contact with others would be considered an "adverse action." Leach said it likely would not, but perhaps ordering non-medical or non-emergency staff to put on a "hazmat suit" probably would be out of line.

Anchia, whose district includes Dallas' Parkland Memorial Hospital inside the city's Southwestern Medical District, also sought to write into the legislation steps such as assigning unvaccinated employees to workspaces away from others and even directing those staff members to work from home or take paid leaves in the event of another widespread COVID outbreak. But Leach pushed back and House rejected Anchia's proposal.

Leach also said that he is "troubled" that employers would even ask about someone's vaccination status, saying such conversations should be between individuals and their doctors.

"That's none of my employer's business," he said.

However, the U.S. Department of Health and Human Services says federal law allows employers to ask about COVID vaccination status and to ask workers to show documentation of vaccination status.

At least 20 states have laws or policies that restrict COVID-related vaccine mandates that apply to such entities as workplaces and schools, according to the National Academy for State Health Policy. Leach said that if Senate Bill 7 is signed into law, which Abbott has signaled he plans to do, Texas' measure would be the nation's toughest.

The Senate version of the bill capped the fine at $10,000 for employers who either seek to require vaccinations or punish those who choose not to be vaccinated. The House boosted that fine to $50,000.

Democratic state Rep. John Bucy of Austin said the bill's aim to protect the rights of workers likely steps on the rights of employers, and questioned whether it is needed at all.

"Is this a rampant problem in this state?" he asked Leach, who replied that even one lost job due to a vaccine mandate would merit the Legislature's attention.

Rep. Chris Turner, D-Grand Prairie, who pushed for allowing medical and child care facilities to set their own COVID vaccine policies, said the bill seeks to replace the expertise of health professionals with the passions of political professionals.

"This is about protecting the most vulnerable Texans," Turner said.

John C. Moritz covers Texas government and politics for the USA Today Network in Austin. Contact him at jmoritz@gannett.com and follow him on X, formerly called Twitter, @JohnnieMo.

This article originally appeared on Corpus Christi Caller Times: Texas House advances measure to halt COVID vaccine workplace mandates