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COVID-19 & Texas Law

This guide is updated to reflect information pertaining to the COVID-19 pandemic. Information in this guide is subject to change at any time.

Businesses


Vaccine Passports

Texas laws prohibit requiring proof of a COVID-19 vaccine (sometimes called a "vaccine passport").

State and local governments cannot issue documentation of a person's COVID-19 vaccination status. This law is in Section 161.0085 of the Texas Health & Safety Code:

(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.

Sec. 161.0085 also says that businesses can't require proof of vaccination from their customers:

(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 who violates this law risks losing their contracts or licensure if they receive state funds or licensing. However, this statute does not prevent businesses from using other COVID-19 screening procedures.

Governor Abbott's Executive Order GA-39 previously addressed this topic. 

Texas Law

Understanding the Law

Mask Policies at Stores or Businesses

Private businesses still have the right to require masks for customers and employees, but most state and local government entities can no longer do so.

Policies for Customers

Governor Abbott's Executive Order No. GA-38 states the following regarding a private business's ability to require masks:

In providing or obtaining services, every person (including individuals, businesses, and other legal entities) is strongly encouraged to use good-faith efforts and available resources to follow the Texas Department of State Health Services (DSHS) health recommendations, found at www.dshs.texas.gov/coronavirus

Generally speaking, a business can set their own rules and policies — similar to a “no shirt, no shoes, no service” rule — as long as they do not discriminate against a protected class of people (e.g., on the basis of race, color, religion, national origin, or disability). Please see the Disabilities & Mask Requirements box on this page for information about requesting accommodations related to a disability.

Policies for Employees

According to the Equal Employment Opportunities Commission (see FAQ G.2) an employer can require employees to wear protective gear (such as face coverings or gloves). Employees may make a request for a reasonable accommodation under the ADA or a religious accommodation under Title VII of the Civil Rights Act (such as a modified mask that can be worn with a religious head covering). Employers should provide the modification or an alternative modification unless it would create an “undue hardship” for the employer.

Disaster Relief for Businesses

Small Business Assistance

Food & Beverage Businesses

Commercial Tenancies

Laws Affecting Employers