Texas Governor Greg Abbott has issued an executive order maintaining the prohibition of COVID-19 vaccine mandates in Texas. The order, issued Aug. 25, prohibits any government entity in the State of Texas to require a vaccine.

“Vaccine requirements and exemptions have historically been determined by the legislature and their involvement is particularly important to avoid a patchwork of vaccine mandates across Texas, “ said Gov. Abbott.

Gov. Abbott issued a disaster proclamation on March 13, 2020, stating that COVID-19 posed an imminent threat of disaster for all of Texas. That disaster proclamation is still effective. Gov. Abbot’s order states that “vaccines are strongly encouraged for those eligible to receive one, but have always been voluntary for Texans.”

Under Gov. Abbott’s executive orders GA-35 and GA-38, addressing COVID-19 vaccines administered under “emergency use authorization” prohibits vaccines entities and prohibits “vaccine passports” from government entities and certain others.

On Aug. 23, while the leg islature was already convened in special session, the U.S. Food & Drug Administration (FDA) approved one of the COVID-19 vaccines for certain age groups, such that the vaccine is no longer administered under an emergency use authorization for that age group. While the COVID-19 vaccine is now FDA-approved for certain age groups, others are not yet approved and still administered under an emergency use authorization.

The legislature has established its primary role over immunizations, and all immunization laws and regulations in Texas stem from the laws established by the legislature.

In other contents where the legislature has imposed immunization requirements, it has also taken care to provide exemptions that allow people to opt out of being forced to take a vaccine.

The order goes on to specify rules for public or private entities receiving or will receive public funds, stating that the establishment shall not require a consumer to provide vaccination proof. Nothing in the executive order shall be constructed to limit the ability of a nursing home, assisted living facilities, state supported living center or long-term care facilities to require documentation of a resident’s vaccination status for any COVID-19 vaccine.

To view Governor Abbott’s full executive order, visit www.gov.texas.gov.