Eight investigations against private employers are underway for alleged violations of Texas’s COVID-19 vaccine mandate ban, according to records obtained by The Dallas Express.
The law, known as Senate Bill 7 and now codified as Chapter 81D of the Texas Health & Safety Code, took effect on January 1, 2024. It prohibits private employers from requiring COVID-19 vaccination as a condition of employment and authorizes the Texas Workforce Commission (TWC) to investigate violations and impose penalties of up to $50,000 per occurrence.
According to the TWC:
- 8 investigations remain ongoing.
- 1 employer has been penalized so far.
- 29 complaints have been filed — meaning the TWC has averaged roughly two investigations per month since the law took effect.
- Of the 21 resolved complaints, most were closed without action:
- 18 were dismissed as invalid.
- 1 was withdrawn.
- 1 was found not to constitute a formal complaint.
The TWC did not disclose the identity or location of the penalized employer, citing confidentiality. The commission’s public records officer said it had referred the matter to the Texas Attorney General’s Office for a ruling on whether the information can be released.
Sen. Mayes Middleton (R-Galveston), who authored the legislation, hailed the early enforcement figures as proof the law is working.
“As the author of the strongest ban on Covid vaccine mandates in the nation, which carries a $50,000 per occurrence penalty, I’m not surprised we have had very few violations,” said Middleton in an email to The Dallas Express. “It was a tough battle but I fought the woke Covid vaccine lobby and won. Everyone should get to make their own health care decisions on whether or not to get the Covid vaccine and nobody should have their job threatened over it.”
The senator added, “My goal was a strong medical freedom law that has serious teeth and aggressive enforcement and we delivered on that mission.”
The law applies broadly to all private employers in Texas, regardless of size, and protects employees, contractors, and job applicants from being required to receive a COVID-19 vaccine. “Adverse action” — defined as any punitive or alienating employer behavior in response to vaccine refusal — is also banned under the statute.
There is an exception carved out for certain health care providers. Hospitals and physicians may implement policies for protective equipment for unvaccinated staff, based on the risk of patient exposure. In such cases, the TWC is required to consult with the Texas Department of State Health Services to determine whether a provider’s policy is “reasonable,” according to a Foley & Lardner LLP blog post on the law.
When the Senate passed the bill in October 2023, Lt. Gov. Dan Patrick said, “The passage of SB 7 will return medical freedom to Texans and ensure that they will not lose their livelihood over their personal health decisions.”
The law’s enforcement mechanism is largely administrative. Complaints are filed with the TWC, which investigates and determines whether a violation occurred. If so, employers may be subject to fines, investigative cost recovery, or lawsuits seeking injunctive relief.
The single penalty imposed to date also included recovery of investigative costs, the agency confirmed. No employers have been referred for further legal action.
The TWC noted that one additional responsive record contained confidential information and has been submitted to the Attorney General’s office for a ruling on whether it can be released to the public.