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Senate State Affairs met on October 14 to discuss SB 51 relating to prohibited COVID-19 vaccine mandates and vaccination status discrimination and to exemptions from certain vaccine requirements. Sen. Hughes said he will bring an amendment to the floor to address some of the concerns raised about the bill. SB 51 was passed out of committee with 5 ayes and 1 nay.

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

SB 51 Relating to prohibited COVID-19 vaccine mandates and vaccination status discrimination and to exemptions from certain vaccine requirements

  • Hughes – Bill contains language in GA 40 and to the call of the 3rd Special Session
  • Entities cannot require proof of vaccination or recovery
  • Higher education systems, public schools, businesses cannot mandate the vaccine; have to include an opt-out if they “mandate” COVID-19 vaccines
  • Lucio – Healthcare workers are not exempt in this bill?
    • Correct
  • Lucio – Would recommend an amendment that would exempt this line of employment?
    • Would oppose that amendment
    • Bill should give the same protection from healthcare workers
    • Vaccine does not prevent those from getting COVID-19
  • Lucio – Conscientious objection versus religious objection?
    • Religious exemption is more narrow
  • Lucio and Hughes discuss conscientious objections versus religious objections
  • Lucio – Are concerns with this bill? Concerned about the autonomy of employers and higher education entities
    • Recognize there are some issues with that, but should fall on the side of individual autonomy
  • Schwertner – Currently have medical, conscientious exemptions, and religious exemptions; thought conscientious exemptions were already in code, will look at that
  • Schwertner – Is applicable to all vaccines, not just the COVID-19 vaccines? Reads that way
    • Will address that; will make clear on the floor that it will be only about COVID-19 vaccines since that is what is on the Governor’s call
    • Some hospitals have similar language, so it was aimed to dove-tail into that
  • Hall and Hughes discuss individual liberties over business liberties
  • Hall – Do not want people to take a “highly risky” vaccine; notes that many have lost their job because they did not get the vaccine
    • Labor code would make this; employer could seek legal redress
    • Working on a better enforcement mechanism; businesses are weary of more lawsuits
  • Hall – SB 6 87(R), this bill will supersede that bill?
    • Correct, if there were a conflict, the bill passed most recently is precent
  • Hall – Notarized affidavit and form from the TWC, are going to take that out and just accept a signed statement from the employee
    • Are going to plug into provision in the Health and Safety Code; can work on that on the floor
    • Are not looking for a letter from the
  • Hall – Is not like vaccines that were made in the past where there were “no other solutions… this vaccine has problems”
  • Powell – EO 40 states confinement in jail is not a penalty for violating this EO; what penalties does the bill have?
    • Employee can sue under employment discrimination; a civil lawsuit
  • Powell – Idea of what these new penalties would be?
    • Currently under law is about backpay, reinstatement, etc.
    • Will probably change, but is before
  • Powell – Is this retroactive?
    • No, only going forward
  • Powell – Enforcement mechanism other than a personal lawsuit?
    • Would just be through civil course
    • Hope to come up with today or on the floor a better enforcement mechanism that does not involve civil lawsuits
  • Powell – Interstate companies?
    • Would affect their operations in Texas
    • If the employee’s workplace in Texas, then they get protection under this bill
    • If the employee lives in California
  • Powell – Can foresee a day when businesses leave the state because of this?
    • Businesses move to Texas in droves for the business climate
  • Powell – Might create a precedent of government overreach in privately owned business; bill is like the “heart of big government”
    • Already have reasons for an employee to bring a civil lawsuit
  • Powell – “Seems like we are giving up the pretense of caring about the common man”; “is clear that vaccines work”
    • I am with you we need to take this seriously

 

Public Testimony

Dr. Sheila Paige, Self and AAPS – For  

  • Vaccine mandates violate federal and international law
  • Vaccines are about informed consent; cannot have that if they are mandated
  • Emphasizes the bill will protect children
  • Should not allow exemptions from this bill
  • If you need a booster within a year of getting the vaccine shows that the vaccine failed
  • It does not prevent infection or spreading the infection; those who are vaccinated are shown to lose their T cell immunity
  • Hughes and Paige discuss informed consent
  • Lucio – Are you saying the vaccine does not work at all? Do you have any data to give to us?
    • Have lousy data; just need to look at VAERS data that states there is no other explanation for death other than the vaccine
  • Lucio – Want to give your testimony to our state experts to verify if it is correct
    • Fear has been propagated by entities; vaccine is not the best treatment
  • Lucio – “Do not think we have been wasting our time” with the vaccine; do not have data that shows the vaccine is not working
  • Schwertner – Do you believe in the efficacy in any vaccines? Not an anti-vaxxer?
    • Some vaccines have a purpose; are not the only way to treat things
  • Schwertner – Share concerns to some extent and vaccines with certain age groups
  • Hall – “Is misleading to refer to this as a vaccine? Should be an experimental vaccine?”
    • Not even close
  • Hall – Have you seen that data on adverse effects is hard to come by?
    • Correct; many physicians do not report an adverse event
  • Hall – CMS Medicare data report shows June; 80% of over 65 population was vaccinated
    • 60% who were vaccinated died
  • Hall – Vaccinated 40 million for the Swine Flu
    • 53 died, and they stopped it
    • This vaccine has other side effects 2,000 miscarriages, blood clots, neurological issues

 

Elizabeth Priestly Siphert, Self – For

  • Resident of Houston in performing arts and a classical musician
  • Health Advisory Committee under Houston Methodist has not allowed the symphony to perform
  • Applied for a medical exemption due to a medical condition and a religious exemption
  • Employers refuse to let me work and refuse to financially compensate me
  • Ability to work should not be “held hostage”

 

Lee Parsley, Texas for Lawsuit Reform – Against

  • Concern is about enforcement mechanism
  • Concerned of it causing costly litigation
  • Schwertner – Chair has laid out possible changes, would you still be opposed?
    • Have not had a chance yet to look at changes
    • Concern federal law may pre-empt
  • Hall -ask if they would work with them on an enforcement mechanism so they can protect people and the individual?
    • TLR is always standing ready to work with legislature
    • Any enforcement mechanism that is likely to increase burden on businesses is likely to be a concern
  • Hall – just need to not fire employees
    • Problem is that it could create an untouchable employee and businesses could still end up in a lawsuit
    • Again any enforcement mechanism that is likely to increase burden on businesses is likely to be a concern
  • Birdwell – Asked if a President signed an EO and OSHA regulatory in place
    • Correct there is not any in place
    • Birdwell – it is an implied …not a specified policy
  • Birdwell and Witness discuss possibility of AG pursuing a case without an order in place
  • Birdwell – if companies are executing and unconstitutional order then action of AG is in possible legal limbo state of being unable to respond
  • Birdwell – does passing the bill put state in defense position of waiting to be sued by federal government
    • Plausibly so
    • Concern could be if businesses were listed in lawsuit

 

James Grey, Cancer Society – Against

  • Concern this could impact the health of cancer patients
  • Provide 53k rooms a year, for people traveling away from home to stay at facilities to get treatment
  • Need to be able to provide highest protection possible for patients

 

Dr. John Carlo, Texas Medical Association – Against

  • Presents statement from Board of Trustees, consideration of patient safety, doesn’t support mandates, but does support local intervention allowing physicians to treat vulnerable Texans
  • Work with people who are very sick and incredibly vulnerable, could not allow their team this interaction if it were not for the vaccine
  • Hughes – will the vaccine lessen severity of symptoms but not prevent from getting it?
    • 450 million vaccines given in the US, it prevents death, hospitalization and infection
  • Powell – do you have a concern this bill is sending a mix message?
    • Don’t see how they can do what they do under the bill, believes it creates a mixed message for those who believe the vaccine is the right choice for safety
  • Schwertner – are cancer patients being recommended to take the COVID vaccine?
    • Yes
  • Schwertner – is TMA ok with medical and religious exemptions?
    • Medical exemptions, yes
    • Thankfully vaccine is very safe and not many contraindications
    • Would go back to exemptions already written in law and would support those
    • Need to look at science and take patient safety first
  • Hall – where did you get efficacy data?
    • CDC
  • Hall – has a study that concludes risk benefit ratio is 5-1, cites statistics from his study and ask if those details are correct
    • Notes it is a new virus
    • Hall – lots of deaths
    • Yes, lots of death from COVID
    • Hall – says talks about deaths in vaccines
    • Believes there is difference between correlation vs causation
    • The journals he reads are peer reviewed
    • As vaccines go up the infection goes down and so does death rate

 

Clayton Young, self – For

  • Recruited by Hospital area provider, needed vaccine history and now being asked to take the vaccine
  • Has already had COVID and could be affected by the mandate
  • Hughes – in your opinion, does vaccine limit symptoms, death and prevent the spread?
    • Depends on patient population
    • CDC no longer following breakthrough infections
  • Hall – viral load is a contributor to spreading?
    • That is correct

 

Dr. Myrl Oz, self

  • Never imagined she would have left Israel but they now have a mandatory vaccine
  • Retired family physician, spent last year treating people sick with COVID almost all by phone and three have required hospitalizations
  • Vaccine victims are a different story, challenge anyone to say what is in the vaccine and in Israel its Pfizer
  • Asks members to guard freedom, of bodily sovereignty

 

 

Steve Wohleb, Texas Hospital Association – Against

  • Appreciates authors willingness to work on the bill
  • Concerned bill modifies existing law giving hospitals ability to determine best practices for patient health
  • Chapter 224 directing hospitals to develop plan is the right policy
  • Conscience exemption essentially makes infection policy meaningless and unenforceable
  • Heard yesterday from Dr. Zerwas that Ch 224 is working, urge committee not to change the law
  • Hughes – intent to client up that section of the bill, it will just be about COVID
  • Schwertner – vaccine mandate vs requirement for flu, differential on position?
    • Don’t think a differentiation has been made
    • Most hospitals mandate flu vaccines under Ch 224
  • Schwertner – see some co-workers at his hospital with a mask that don’t have a vaccine
  • Hall – are all vaccines mandates at hospitals?
    • hospital to hospital required to make a policy and make judgement on what is best for their workforce
    • State should not mandate a one size fit all approach but let hospital make selection on what is best for them and patients
  • Powell – impact to workforce?
    • Hospitals with mandates have a high uptake and not dismissing a lot of employees
    • Some hospitals are not mandating because they are concerned about how it would impact their workforce
    • This is why flexibility is needed for each hospital and let them implement their policies
  • Powell and witness discuss concern of federal law if it comes into effect and how it could impact funding if hospitals don’t comply
  • Powell – asked about how this could create tiers?
    • Hospitals could have vaccinated workforce and others that do so could create two tier structure
  • Hall – think bill covers all hospitals and does not distinguish between public and private, is that correct so will have a single tier
    • Notes different sections will apply differently

 

Gregory Porter, self – For

  • There is no evidence that proves vaccine stops the spread of the virus and no consideration for natural immunity
  • Health care is not one size fits all
  • Whistle blowing doctors reporting vaccine injuries
  • Supports the bill because it is about sovereignty to body

 

Lauren Davis, mom and employer – For

  • Here to share story of their family
  • They are taking stand against unlawful mask mandates in Dallas ISD
  • Cannot afford to experiment with a vaccine that would put her heart’s son at risk
  • Dallas ISD tyranny has abused her, been put in plexiglass cage because her children couldn’t breath
  • Ask committee to stop ALL mandates

 

Craig Weisman, self – For

  • Need to protect recipients of COVID funds that result in COVID mandated vaccines
  • Adverse event reports are going up 25k each week

 

Bradley Hodges, self – For

  • Cult following pushing vaccine, one size fits all solution that is being abused
  • Personal story of friend who got a Pfizer shot
  • Vaccine mandates are not science
  • Bill is a good start

 

Sara Novelan, private school educator –

  • Doctor advises her not to take, medical exemption
  • Supports bill for her medical freedom and future Texans who do not have a voice

 

Joshua Houston, Texas Impact – Against

  • Communities include children and immunocompromised adults
  • Some require all clergy to be vaccinated or some don’t but it’s the local congregation to decide and not up to the state

 

Wroe Jackson, Texas Association of Manufacturers – Against

  • Allow Texas employers decide own best practices to determine a healthy workforce
  • Confusion on federal contractors that have a requirement and multi-state workforce confusion
  • This regulation into business feels like a stark departure for Texas
  • Hall – are your members ready to assume responsibility for adverse reaction for vaccine?
    • Members want flexibility and those that require vaccine would have vetted liability conversation
  • Hall – who should be liable for adverse reaction?
    • If a business will require something, they should have that discussion and be prepared to take on responsibility if that is what they decide
  • Hall – pharmaceuticals have total immunity for vaccines, you get a vaccine and you are on your own
  • Hall – has a report from Medicare, significant number of reactions and deaths so someone needs to say who is responsible for it
  • Hall – should not allow a mandate that would require an individual would take responsibility themselves
  • Powell – what do you think of the impact of this bill on ability to recruit companies to come to Texas?
    • Businesses like certainty and things they can plan on
  • Powell – Any statistics? Ability to implement with flexibility if this bill passes?
    • Anecdotal information, It requires a protocol in a certain way so it removes flexibility

 

Kevin Warren, Texas Health Care Association – Against

  • Provider should have right to determine mandate for staff
  • Primary concern is position nursing homes in regards to federal mandate, if exemptions are in conflict then they may need to choose state law or possible federal funding
  • Ask for exemption of health care providers
  • Hall – are your members ready to assume responsibility of an adverse reaction?
    • That is a decision each entity is discussing
  • Hall – maybe legislation could say if it is mandated then must assume responsibility
    • They did ask federal government if they could have exemptions
    • Hall – someone needs to be responsible other than the person themselves
  • Schwertner – number of staff that might have quit due to vaccine mandate?
    • Various 5-15%, roughly 35% of staff are unvaccinated
  • Schwertner – differences in vaccine rate in socio-economic and racial groups that would impact?
    • Do see variations and concerns in community as much as in the staff
  • Powell – Marked a paragraph of the fiscal note, compliance could impact federal reimbursement for entities that are Medicaid and Medicare providers
    • If it were to occur and were enforced, it puts facilities in precarious position of following state law or federal law
    • Have not seen final rule released

 

Alise Myer, Advocacy with Leading Age Texas – Against

  • Not all members want to mandate COVID vaccines but want flexibility of approach
  • Puts business at risk of discrimination claims and removed from Medicaid/Medicare programs
  • Request exemption for aging services providers
  • Lucio – would want a healthy employee attending to his mother and feels vaccines have worked
    • Agrees it has worked
  • Lucio – recalls when he was in school has to do vaccines in order to go
  • Birdwell – do you think the federal order will be one size fits all?
    • Yes applying to all health care facilities certified by Medicaid/Medicare

 

 

Dawn Richardson, self and National Vaccine Information Center – On

  • Her husband’s computer company requires a vaccine, no exemption and these are rules that are already in place
  • Support a lot in the bill
  • Concern is requirement that employees sign and submit an exemption affidavit, no should be no and would rather it be to submit an email or a letter
  • Need to protect professional licenses
  • When does it stop, people at risk of not getting housing or a job if mandates continue
  • Hall – who is responsible for adverse reactions?
    • Because under EU and all experimental – any adverse reactions goes through countermeasure program and need to front cost of legal arguments
    • Maybe something in workman’s comp

 

Hill Olsen, Immunization Partnership – Against

  • More than population of Georgetown has died in pandemic
  • Businesses have suffered negative consequences
  • Removes ability of local schools flexibility
  • Now is not time to remove known COVID health strategies
  • Hall – you said proven vaccines, two not really vaccines and experimental?
    • Will not agree, its not experimental
  • Hall – who is responsible who vaccine?
    • Who is responsible for when her children die because her school could not enact proven health measures

 

Dr. Susanna Carranza, self – Against

  • Picking and choosing which liberties to defend, trying to combat a mandate with another mandate
  • What about her rights as a patient to not be exposed to people who are not vaccinated
  • “Hypocritical that I need to take a test to protect you but you are preventing businesses and health authorities from choosing what is best for their communities”

 

Annie Spillman, NFIB – Against

  • Thanks to Hugest for thinking of changes that may be done to the bill
  • Businesses are having a hard time filling job, businesses do not want to lose employees
  • Uncertainty of regulations, insurance, etc were top 10 of concerns
  • Unlawful employment practice and goes in with complaint with TWC, a bit less bad than House version but still a concern
  • Last thing we need to do is to add to cost or uncertainty
  • Who is going to notify business owners that they need to have certain exemptions,etc – what agency is in charge of that notification
  • Will generally oppose bill language that would impact a cause of action
  • Nelson – yes need to know which agency will do the notifications, agrees who will look out for small businesses
    • Generally small business will not know they are out of compliance until they are hit with a fine
  • Hughes – some of your concerns will be addressed in a floor amendment, will see a different enforcement mechanism as the bill moves forward
  • Hall – thinks there is a clear way to make it straightforward right of conscious, businesses should be aware if mandating may be opening up legal side of responsibility
    • Any business decision will be held responsible and liable

 

Regan DeMarines, Texans for Vaccine Choice – For

  • Some have robust natural immunity, Texans need protection of individual liberties
  • Need right to make medical decisions for themselves

 

Carmen Tilton, Texas Assisted Living Association – Against

  • Most are small, serving fewer than 17 residents
  • Residents have very strong sentiments about vaccine requirements and they are divergent
  • Asking for right of members to choose policies themselves with residents/staff/living centers
  • Anticipate COVID will mutate and need to be able to protect
  • Communities using multifaceted options to create as much of health buffer around residents as they can
  • Birdwell – for facilities that have more than 100 members would want them to have same freedom of choice from federal orders?
    • Yes, in conversations with federal partners

 

Roshanna Chin, Texas Catholic Conference of Bishops – Against

  • Autonomy of religious organizations
  • Take note of Senator’s willingness to make changes to language impacting ch 224
  • Schools allow for medical exemptions but not conscious exemptions for current vaccines
  • Request a more balanced approach, allow ministries to operate free from government mandates
  • Hughes – confirms catholic schools not requiring COVID vaccines
    • Following DSHS schedule for schools, COVID 19 not yet added
  • Hughes – can Diocese require?
    • Should have religious freedom whether or not to mandate, not saying which one they are doing
  • Hughes – does Texas Conference make decision or are there local decisions?
    • Bishops in individual diocese may adopt as they wish but conference has not taken a stance to mandate
  • Hughes and Witness discuss fetal cell lines in J&J and if its significant enough to trigger a religious objection
  • Its morally permissible to take the vaccine but would support good/moral vaccine development procedures
  • Hall – if a Catholic objects to vaccine since they don’t believe in abortion, is that a valid objection
    • Bill needs to recognize dual parts, church should have freedom as well
    • Family could send child to another school
    • Hall – because two of the vaccines, if vaccines “has baby parts in it” and they object on religious belief can that occur
    • Not able to speak on that
  • Hall – religious belief is an out for this, knows many Catholics are opposed to “ingesting a baby part” so if they move forward with bill language he is hearing Church would not see religious exemption as valid
  • Lucio – affect on schools and hospice, other concerns?
    • They are an employer, listed concerns earlier so nothing else
  • Schwertner – Would like more input on where do you stand exactly in regards to religious liberty of individual in regards to corporate religious liberty
  • Lucio – would the conference accept a conscious exemption for COVID vaccine?
    • Not mandating COVID, but believe they would because not mandating
    • As a conference not saying they will mandate but diocese may have a stricter
    • With respect to COVID vaccine novelty and pandemic concerns believe that we would accept conscious exemption if certain concerns are met
  • Hughes – you said you were ok with bill in House, reviews language to find concern
    • Any primary or secondary school cannot mandate, but currently not mandating for students but would like to have that option for the future
    • If institution still remains autonomy to set health policy then believes language may be acceptable

 

Jackie Slagel, self and Texans for Vaccine Choice – For

  • Advocate and defend individual rights to choose what is right for self

 

Maureen Milligan, Teaching Hospitals – Against

  • Ch 224 be maintained and have worked really well
  • Puts at risk federal funding
  • Patients could be at risk, conflict to ethics with “do no harm”
  • Look for changes in sections 2,7 and 8
  • Hall – Experimental vaccine risk, who will be responsible?
    • Cases could be prevented risk may be larger, will also look into program

 

Shelia Hemphill, Texas Right to Know – For

  • Sheet on Adverse events, points to first sheet and would language in the bill that matches it
  • People need to be informed of ability to accept or refuse which is currently in law
  • Information from the World-a-meter, Texas is number 2 in deaths is propaganda since they don’t use number of deaths by populations so Texas is number 25th
  • Vaccines avg 400 deaths a week, DSHS is lockstep with CDC
  • Each office received the Omega Brief with details on criminal conspiracies and racketeering

 

Donna Stallone, self – For

  • Provides sheet on Adverse events report
  • Vaccine death numbers are alarming
  • Those that die within first 13 days of being vaccinated are considered unvaccinated – “disgusting” to her

 

Tom Glass, Texas Constitutional Enforcement – For

  • Agree with individual liberty
  • Rights they are trying to protect are unalienable, would like someone to ask about this
  • Marxists that have installed the President of the U.S. had him read a statement, etc
  • Hall – can you make it short and give us examples of your ideas?
    • Judge wrote for Scorecard of strategies we could employ, 9th amendment issue and oppression act
    • Need to write into bill about unalienable rights

 

Hughes Closes

  • Hughes moves bill be reported favorably
  • Birdwell – have talked about amending bill on the floor, feels body is too complacent of passing bills out of committee and hopes floor is as tactical and proficient as committee, so asks as the bill moves if “it does not meet muster” that “you not move final passage” and “get it the way it needs to be before it goes over to the House”
  • Birdwell – very concerned “legislating by drive-by”, because they do not know will of body as a whole and not sure of suspension vote, if addendum can be added to journal, wanted sentiments on committee record
  • Hughes – of course, great place to make a statement
  • Birdwell – reads statement..
    • Federal government overreach and state is reacting because of position of current administration…in many ways their response is the same by which the federal government is using and concerned of disregard of founding principals
    • Usurpation by federal should not allow for usurpation by state, path before body is either to encroach on businesses now like the federal government or to acquiescence to unconstitutional federal order
    • Both action or inaction will play out in court and judicial is least desirable place for a policy to be made
    • Be forewarned to never be comfortable between inserting their selves between employer and employee, decision is how to enjoin fight with federal government
  • Nelson – Birdwell beautifully articulated her feelings, they are between a rock and a hard place
  • Bill Voted out of committee favorably with 5 ayes and 1 nay (Lucio), 2 motions in writing from Powell and Zaffirini