Legislation Details:

UPDATE: 5/29/2023 - HB 81 died, it failed to pass the full House before session ended on 5/29/2023.  SB 177 died, it failed to pass the full House before session ended on 5/29/2023.

UPDATE: 5/22/2023 - SB 177 is on the House General State Calendar for 5/23/2023. 

UPDATE: 5/11/2023 - SB 177 is eligible for a vote in the Full House on 5/11/2023. 

UPDATE: 5/8/2023 - SB 177 passed the House Public Health Committee without amendments on 5/8/2023. 

UPDATE: 4/28/2023 - HB 81 is eligible for a full House vote and the committee report was sent to Calendars on 4/28/2023. 

UPDATE: 4/24/2023 - SB 177 was referred to the House Public Health Committee on 4/24/2023. 

UPDATE: 4/18/2023 - SB 177 passed the 3rd reading in the Senate on 4/18/2023 by a vote of 20 Yeas and 11 Nays, and was reported Engrossed and transmitted to the House.

UPDATE: 4/17/2023 - HB 81 had a committee substitute which passed the House Public Health Committee on 4/17/2023 by a vote of 10 Ayes, 1 Nay. The substitute for HB 81 is confirmed identical to the substitute for SB 177 by staff or Representative Brian Harrison, the bill author. The substitute did not change the main topics of the bill or our position. Primarily the changes to the bill include an exception to the protections in the bill for employees affected by the final rule adopted by the Centers for Medicare and Medicaid Services requiring vaccination of health care staff published in the Federal Register (86 Fed. Reg. 61555) on November 5, 2021. Federal rule preempts state law anyway. The committee substitute also adds a definition for a Health Care Facility.  Regarding health care providers, the substitute affirms the right to a medical exemption and a religious exemption asserted orally or in writing in accordance to federal law for healthcare employees affected by this federal rule. There is also a clarification that a healthcare provider who "advises or recommends the administration of a COVID-19 vaccine is not considered to have compelled or coerced an individual into obtaining a COVID-19 vaccine based solely on that advice or recommendation." Some health care providers may cross the line and take advantage of pushing past just a recommendation but claim that is all they did, but the consumer can always file a claim against them. Finally, the substitute adds that a health care provider can assert an affirmative defense against a claim if the patient gave their voluntary informed consent to be vaccinated.

UPDATE: 4/17/2023 - SB 177 passed the Second Reading in the Senate on 4/17/2023 by a vote of 20 Yeas, 11 Nays.

UPDATE: 4/11/2023 - SB 177 had a committee substitute which passed the Senate Committee on Health & Human Services on 4/11/1012 by a vote of 7 Ayes, 2 Nays.

The substitute did not change the main topics of the bill or our position. Primarily the changes to the bill include an exception to the protections in the bill for employees affected by the final rule adopted by the Centers for Medicare and Medicaid Services requiring vaccination of health care staff published in the Federal Register (86 Fed. Reg. 61555) on November 5, 2021. Federal rule preempts state law anyway. The committee substitute also adds a definition for a Health Care Facility.  Regarding health care providers, the substitute affirms the right to a medical exemption and a religious exemption asserted orally or in writing in accordance to federal law for healthcare employees affected by this federal rule. There is also a clarification that a healthcare provider who "advises or recommends the administration of a COVID-19 vaccine is not considered to have compelled or coerced an individual into obtaining a COVID-19 vaccine based solely on that advice or recommendation." Some health care providers may cross the line and take advantage of pushing past just a recommendation but claim that is all they did, but the consumer can always file a claim against them. Finally, the substitute adds that a health care provider can assert an affirmative defense against a claim if the patient gave their voluntary informed consent to be vaccinated. 

UPDATE: 3/22/2023 - SB 177 was left pending in the Senate Committee on Health & Human Services on 3/22/2023 after the hearing.

UPDATE: 3/20/2023 - SB 177 is scheduled for a hearing in the Senate Committee on Health & Human Services on Wednesday, 3/22/2023, at 8:30 AM, in the Senate Chamber. The agenda can be viewed here.  HB 81 was heard in the House Public Health Committee. Testimony was taken and recorded.  The was left pending in committee. 

UPDATE: 3/15/2023 - HB 81 is scheduled for a hearing in House Public Health Committee on Monday, 3/20/2023 at 8:00 AM in JHR (John H. Reagan Building) Room 120.  See agenda here. 

Provide written public testimony here – https://comments.house.texas.gov/home?c=c410 

Register to present in-person testimony here – https://mytxlegis.capitol.texas.gov/HWRSPublic/About.aspx 

Public access to the John H. Reagan Building is available only through the east entrance.

You can watch live video/audio here - https://house.texas.gov/video-audio/ 

UPDATE: 2/15/2023 - SB 177 was referred to the Senate Health and Human Services Committee on 2/15/2023. 

HB 81 and SB 177 were filed on 11/14/2022.  HB 81 is sponsored by Representative Harrison and SB 177 is sponsored by Senator Middleton.  

These bills would prohibit any person from compelling or coercing an individual lawfully residing in Texas into obtaining medical treatments involving the administration of a COVID-19 vaccine. These bills would make it unlawful for an individual to have any adverse action taken upon them for refusing to take a COVID-19 vaccine or to be compelled or coerced into taking a COVID-19 vaccine. They would make it illegal for a health care provider to give the COVID-19 vaccine if the person is being coerced or forced and doesn’t want the vaccine. There are hefty damages for violations set at a minimum of $5000. This language would effectively make mandates unenforceable.
The bill’s clever wording centering on informed consent and placement in the Health and Safety Code may make the bills' protection untouchable by federal employer vaccine mandates for employees working at health care facilities receiving Medicaid or Medicare payments.

New Section, in part: 

(b)  A person may not compel or coerce an individual lawfully residing in this state into obtaining a medical treatment involving the administration of a COVID-19 vaccine, including a COVID-19 vaccine approved or authorized by the United States Food and Drug Administration, contrary to the individual's vaccination preference.

(c)  A health care provider may not provide to an individual lawfully residing in this state a medical treatment involving the administration of a COVID-19 vaccine, including a COVID-19 vaccine approved or authorized by the United States Food and Drug Administration, unless the provider obtains the individual ’s informed consent before administering the COVID-19 vaccine.

(d)  For purposes of this section, an individual lacks the capacity to provide informed consent for a medical treatment involving the administration of a COVID-19 vaccine if the individual has been compelled or coerced into being vaccinated against COVID-19 contrary to the individual ’s vaccination preference.

(e)  A person may not take an adverse action or impose a penalty of any kind against an individual lawfully residing in this state for the individual ’s refusal or failure to obtain a medical treatment involving the administration of a COVID-19 vaccine

The attorney general may bring an action for injunctive relief against a person to prevent the person from violating this section.  A health care provider who violates Subsection (c) is liable to the individual who is the subject of the violation for damages in an amount of not less than $5,000.

The new law will go into effect immediately if it receives a vote of 2/3rds of all members of each house or Sept. 1, 2023 if it is passed with less than a 2/3rds vote. 

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB81 - text, status and history for HB 81

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB177 - text, status and history for SB 177