Good morning, 

As more companies begin to mandate the COVID vaccine, what is the State of Texas doing?

That is the subject of today's Texas Minute.

– Brandon Waltens 

Monday, November 29, 2021
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• The issue of vaccine mandates is one that has hit a fever pitch, as large employers in Texas have begun rolling out strict requirements for their employees and the Biden Administration rolls out its own mandates.
   

• Last month, while the Texas Legislature was meeting during its third special session of the year, Gov. Greg Abbott added a ban on vaccine mandates from any entity—including businesses—to the agenda. Simultaneously, Abbott signed an executive order to that effect.
   

• But the executive order has been largely ignored by employers and state agencies alike, in part because it only imposes a $1,000 fine. Both the Universities of Texas as well as Texas A&M have said they will abide by the federal vaccine mandates, in spite of Abbott's order.
   

•  And legislation banning mandates? So far that has been ignored by both the Texas House and Senate.

• Pressure has been growing for Gov. Abbott to call a fourth special session of the state legislature. The Republican Party of Texas has repeatedly asked Abbott to call another special session to address vaccine mandates. 
   
• Specifically, the party has endorsed legislation by freshman State Rep. Brian Harrison (R–Waxahachie) which would require informed consent of employees who receive the COVID vaccine; if the employee refuses the treatment, no penalties may be enacted against the person. It also would allow the State of Texas to sue any company on behalf of an individual penalized for refusing.
   
• So will lawmakers be called back for a fourth special session to address this issue?

• Only the governor can call the Legislature back to Austin for special sessions. They can only last up to 30 days at a time and are limited to agenda items he puts on the call. So far, Abbott appears hesitant to bring lawmakers back to Austin to protect Texans from vaccine mandates, saying there is “no need” for a special session at this time.
   
• As of now, the following 24 lawmakers have indicated their support for a fourth special session to ban vaccine mandates:
  • State Sen. Bob Hall
  • State Sen. Drew Springer
  • State Sen. Angela Paxton
  • State Rep. Kyle Biedermann
  • State Rep. Briscoe Cain
  • State Rep. Jeff Cason
  • State Rep. Brian Harrison
  • State Rep. Matt Krause
  • State Rep. Jeff Leach
  • State Rep. Mayes Middleton
  • State Rep. Candy Noble
  • State Rep. Tan Parker 
  • State Rep. Matt Schaefer
  • State Rep. Matt Shaheen
  • State Rep. Bryan Slaton
  • State Rep. Valoree Swanson
  • State Rep. Tony Tinderholt
  • State Rep. Steve Toth
  • State Rep. Cody Vasut
  • State Rep. James White
  • State Rep. Keith Bell
  • State Rep. David Spiller
  • State Rep. Tom Oliverson
  • State Rep. Cole Hefner

• What about the courts?
   
• Currently, the 5th Circuit Court of Appeals has stayed the Occupational Health and Safety Administration’s (OSHA) rule mandating vaccines for employees of companies with 100+ employees while they review the case. The federal agency says it is currently pausing implementation of the mandate, which was originally slated for January 4. 
   
• Meanwhile, a motion has been filed by Texas Attorney General Ken Paxton to halt an executive order by President Joe Biden requiring Federal contractors to mandate vaccines for employees. A decision on that motion is pending.

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