Prohibits the state from issuing vaccine passports & business from requiring documentation

State: TX
Bill Number: SB 968
Position: SUPPORT
Action Required: None
Status: Enacted, effective 6/16/2021

Legislation Details:

UPDATE: 6/17/2021 - Governor Abbott posted a tweet showing him signing SB 968 on 6/7/2021. https://twitter.com/GregAbbott_TX/status/1402022555960086531?s=20.   However, the official bill history posted at https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB968 says the bill was signed on 6/16/2021 and went into effect immediately.  Either way, it is in effect now.

UPDATE:6/7/2021 - 

Governor Abbott just tweeted that he plans to sign SB 968 BANNING COVID-19 VACCINE PASSPORTS IN TEXAS today!  Because the bill was passed by such a large margin, this goes into effect immediately. This means you can stop calling the Governor.

His tweet said: “I’m signing a law today that prohibits any business operating in Texas from requiring vaccine passports or any vaccine information. Texas is open 100% without any restrictions or limitations or requirements.”

What Protections are Included in Section 10 of SB 968:

All government entities in Texas are prohibited from issuing a vaccine passport, vaccine pass, or other standardized documentation to certify an individual’s COVID-19 vaccination status or to publish or share a person’s COVID-19 vaccine record for a purpose other than health care.

All businesses in Texas are prohibited from requiring a customer to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to access, or to receive service from the business.  A business that fails to comply, is not eligible to receive a grant or enter into a contract payable with state funds.

Each appropriate state agency shall ensure that businesses in Texas comply and they may require compliance as a condition for a license, permit, or other state authorization necessary for conducting business in Texas.

What the new law does NOT cover is a prohibition on COVID-19 vaccine employer mandates.

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UPDATE: 6/1/2021 - SB 698 was sent to the Governor.  Continue to Contact Governor Greg Abbott to sign SB 968.  Send a message to Governor Greg Abbott on the web contact form https://gov.texas.gov/contact asking him to SIGN SB 968 and tell him why no vaccine passports is important to your family.  Also please start calling him at (512) 463-2000 from 9am-5pm starting on Tuesday June 1st asking him to sign SB 968.  Governor Abbott has stated that “these vaccines are always voluntary and never forced” and we hope that he offers his signature to SB 968 to make this a reality in Texas law.

UPDATE: 5/31/2021 - SB 968 was reported enrolled and signed in the House and Senate. Going to the Governor. 

For the next three weeks, to help get this over the finish line, please send a message to Governor Greg Abbott on the web contact form https://gov.texas.gov/contact asking him to SIGN SB 968 and tell him why no vaccine passports is important to your family.  Also please start calling him at (512) 463-2000 from 9am-5pm starting on Tuesday June 1st asking him to sign SB 968.  Governor Abbott has stated that “these vaccines are always voluntary and never forced” and we hope that he offers his signature to SB 968 to make this a reality in Texas law.

UPDATE: 5/28/2021 - SB 968 passed the full House on 5/26/2021 by a vote of 146 Yeas, 2 Nays, 1 Present, not voting. 

UPDATE: 5/19/2021 - SB 968 was reported favorably out of the House State Affairs Committee on 5/18/2021.  

UPDATE: 5/10/2020 - SB 968 was heard in the House State Affairs Committee.  Video Testimony of the bill starts at the beginning of this link https://tlchouse.granicus.com/MediaPlayer.php?view_id=46&clip_id=20731 and you can scroll to 27 minutes to hear NVIC Advocacy Director Dawn Richardson testify.  The bill was left pending.

UPDATE: 4/29/2021 - SB 968 was referred to the House State Affairs Committee on 4/28/2021. 

SB 968 was amended and passed the full Senate on 4/21/2021.  The enrolled version of SB 968 includes the following:

Sec.161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED.

(a) In this section, "COVID-19" means the 2019 novel coronavirus disease.

(b) A governmental entity in this state may not issue a vaccine passport, vaccine pass, or other standardized documentation to certify an individual ’s COVID-19 vaccination status to a third party for a purpose other than health care or otherwise publish or share any individual ’s COVID-19 immunization record or similar health information for a purpose other than health care.

(c) A business in this state may not require a customer to provide any documentation certifying the customer ’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business. A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds.

(d) Notwithstanding any other law, each appropriate state agency shall ensure that businesses in this state comply with Subsection (c) and may require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state.

(e) This section may not be construed to:

(1) restrict a business from implementing COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health; or

(2) interfere with an individual ’s right to access the individual ’s personal health information under federal law.

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB968 - text, status and history for SB 968