Texas Governor Greg Abbott has issued a new executive order on how state agencies and local governments can respond to the growing number of COVID-19 cases. The Governor says it's intended to " provide clarity and uniformity in the Lone Star State's continued fight against COVID-19,"
The order reiterates the Governor's previous order that counties, cities and school districts can not require anyone to get the COVID-19 vaccine.
"Vaccines, which remain in abundant supply, are the most effective defense against the virus, and they will always remain voluntary - never forced - in the State of Texas," Gov. Abbot said.
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The order also stipulates that local government agencies can not adopt "mask mandates" - either for the public at large or for people entering government buildings. The order does include a provision allowing " appropriate policies regarding the wearing of face coverings" at government owned or operated hospitals.
The Governor is also prohibiting cities and states from imposing occupancy limits on businesses. Last year, some businesses in the Dallas-Fort Worth area were forced to operate at limited capacity when more than 15 percent of the hospital beds in north Texas were occupied by COVID-19 patients. The Governor's new order explicitly states that "there are no COVID-19-related operating limits for any business or other establishment."
"We have excellent Hospital CEO's here in North Texas and they have the skill and expertise to manage patient flow," said Stephen Love, President and CEO of the Dallas-Fort Worth Hospital Council. "They do not need a percent guideline to manage beds, staff and patient flow. They will manage their respective hospitals to do what is best for all patients."
Dallas County Judge Clay Jenkins criticized the Governor's new executive order, saying it hampered the County's ability to keep people safe.
"The Governor's order is based on polling data of what Republican primary voters want to hear," Judge Jenkins said. "My advice remains the same: to win the war against COVID we must follow the science and listen to the experts, not the politicians."
The Governor's order aimed at local government agencies follows announcements this week by two major hospital chains that they would be requiring their employees to get the COVID-19 vaccine. Baylor Scott and White Health is instructing all of its employees to be vaccinated by October 1st. Methodist Health System also says its employees in north Texas must be vaccinated by that date. Both organizations cite the growing spread of COVID-19 cases, specifically the Delta variant, as the major factor behind their decision.
Those private companies can adopt policies for their employees and are not limited by the Governor's executive order. Earlier this year, more than 150 employees of Houston Methodist Hospital quit or were fired when the hospital required them to get the vaccine.
Civil attorney Rogge Dunn of Dallas says private sector employees can require their employees to get the vaccine as a condition of continued employment, and employees who don't want to get the vaccine will have little recourse under Texas law.
"The only chance that employees would have is to band together in a big group," he said, "so that if you had 10 to 20 percent of the workforce saying 'we're not going to do this,' the employer might not be able to fire 10 or 20 percent of the workforce.
Dunn predicted that more companies outside the health care field will begin adopting policies for their employees to be vaccinated. "Employers have a duty under OSHA to provide a safe workplace, that's why many of them are requiring all employees to be vaccinated." He also noted that having a vaccinated staff could become a selling point for some businesses.
"In other words: if you come to my gym, my bar or my restaurant and you know all employees have been vaccinated...customers might say 'I want to patronize this restaurant because I know it's safer than competitors'," he said.
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