Under Texas law, most governmental bodies and private employers cannot require COVID-19 vaccines.

Can the government require me to get a COVID-19 vaccine?

Texas law prevents state and local governments from issuing vaccine mandates. The restrictions can be found in Section 81C.003 to the Texas Health & Safety Code. The law went into effect September 1st, 2023.

The law contains an exception referencing a rule adopted by the federal government in 2021. This rule required healthcare staff at most Medicare- and Medicaid-certified providers to receive COVID-19 vaccinations. In August 2023, a new rule removed vaccine requirements for these workers.

There are no federal vaccine laws or orders that would require a person to get a COVID-19 vaccine. Earlier in the pandemic, several executive orders required COVID-19 vaccinations for certain groups. These were all either revoked or blocked by the courts.

Can my employer require me to get a COVID-19 vaccine?

Texas law prohibits private employers from requiring workers to be vaccinated against COVID-19. These restrictions are in Chapter 81D to the Texas Health & Safety Code.

This law prohibits employers from taking "adverse action" against employees, contractors, or applicants for refusing to get vaccinated for COVID-19. See Section 81D.001 for a definition:

(1) "Adverse action" means an action taken by an employer that a reasonable person would consider was for the purpose of punishing, alienating, or otherwise adversely affecting an employee, contractor, applicant for employment, or applicant for a contract position.

The law allows certain healthcare facilities, providers, and physicians to require unvaccinated workers to wear protective medical equipment. These requirements are not considered an "adverse action" under the law. This exception is in Section 81D.0035(b).

The Texas Workforce Commission (TWC) takes complaints about violations of this law. TWC can:

• investigate the violation; 
• impose a $50,000 penalty per violation (this penalty is waived if the employer hires or reinstates the complainant); 
• recover investigative costs from employers in violation; 
• ask the Texas attorney general to bring a lawsuit against the employer.

Related FAQs & Guides

FAQs

• Can a business require me to wear a mask? I thought the mask mandate was over.
• Can I be required to show proof of COVID-19 vaccination or a “vaccine passport?”
• Can I be required to show proof of a COVID-19 test?

Guides

• COVID-19 & Texas Law