By: Representative Candy Noble

Did you hear that OSHA, at the direction of the Biden administration, published their new employer regulations on the Covid vaccine mandates?  According to this 490-page document every employer with 100 or more employees must develop, implement, and enforce a mandatory COVID-19 vaccination policy.   Employers do have the option to include in that policy an exemption for employees, who choose not to be vaccinated, to undergo weekly testing (at the employee’s expense) and require that unvaccinated employees wear masks. I have seen this coming since January.

Please hear me clearly:  I am not anti-vaccination.  I am, however, very adamant that each individual’s healthcare decisions are their own, and no one, (especially the federal government!) has the right to take away a citizen’s medical autonomy. Good grief, if the founders of our country thought that the army shouldn’t be able to take over individual’s homes (3^rd Amendment), how far from those ideals of individual freedoms have we drifted when we allow the government to decide that we should inject something into -not our homes- but our bodies in order to earn a living? I know that some of you will disagree with me vehemently.  That’s okay. I understand the fear and concern you have over the Coronavirus.  I’ve had Covid.  I’ve lost friends to Covid.  I get it.  But let’s lay that fear aside and look at the road we are on:  who gets to make your personal medical decisions for you? Who should have the right to know and see your personal medical information?

Back in January, I had a constituent who is a pilot with a major airline call me.  He was concerned that he would be fired if he wasn’t vaccinated for COVID-19.  My immediate reaction was: “Texas is a right to work state! We don’t allow employers to determine personal stuff like medical choices, but let me file a bill that will make that very clear.”

I therefore filed HB 1687.  For most of the Regular Session I was the only legislator, House or Senate, that filed a bill that covered this concern. It was a simple two-page bill:  Employers could not discriminate against employees based on their vaccination status. This bill was referred to the craziest committee: International Relations and Economic Development. That committee refused to give the bill a hearing despite my many efforts to advance this needed bill.  I had widespread support in the House for the bill.  It wasn’t partisan.  Folks on both sides of the isle agreed that it was needed.  I had many sleepless nights as a result of the bill not getting a hearing in committee.  Late in the session, Senator Angela Paxton and Senator Lois Kolkhorst and others joined the fight and filed the companion bill in the Senate, and attempted to attach it to other legislation. I am so grateful for their efforts! Those attempts were, sadly, defeated.

In the first Special Session I filed  HB 293 which prohibited employers, schools and insurance companies from requiring Covid vaccinations.  Since this topic wasn’t part of the legislative “Call” it was not referred to a committee or allowed to be discussed.

In the second Special Session I changed tactics in hopes that one of my versions would be added to the call:  I again filed HB 24 , which prohibits employers, insurance companies and schools from requiring the vaccination (this bill had 32 Joint and Co Authors).   I also filed a stand-alone bill that prohibited public schools from requiring Covid vaccinations,  since this one related to the Governor’s call: HB 175.  Though it was referred to Public Education, it did not get a hearing.  I also filed a simpler, kinder, version of HB 24: HB 182 would allow employers to require vaccinations, but would allow Texans to opt out for medical, personal or religious reasons, using a universal form.  This, in spite of my efforts, was not added to the call, so this bill did not get a hearing.

Late in the Third Called Special Session, the Governor added vaccine mandates to the Call. It is really hard to get anything done during the short Special Session, and this item was on a very tight timeline: only a few days left in the session. I had already filed HB 37 and HB 39.  I was thrilled that Dr. Tom Oliverson filed HB 155 which added “having natural antibodies” to the list of already existing exemptions that an individual could claim in order to not be vaccinated.  I was a proud Joint Author on this bill. Rep. Oliverson’s bill was heard in committee but didn’t get voted out.  His bill included the ability for employees to sue their employers that discriminated based on vaccination status: this lawsuit threat seemed to be a hang up for some of the committee members, so the bill never made it out of committee.  In the Senate, Senator Bryan Hughes filed SB 51 which also didn’t make it out of committee.

So, here we are with Texas employees facing these OSHA guidelines with their January 4 vaccination deadline looming very quickly.  People who have lost, or will lose, their jobs due to this vaccine mandate requirement will not be part of the U.S. unemployment numbers.  They will not qualify for unemployment because they will have been “fired for cause.”  But they will be part of our economy’s loss of workers and productivity in a time when we need all hands on deck for our nation’s recovery.  They will be our neighbors in need.  Their families will be left without income or resources. I’m very concerned.

But Texans are not without hope. I and others continue to fight.

First, the Governor’s Executive Order Prohibiting Vaccine Mandates remains in effect since the Legislature didn’t settle the issue.

One week ago today, Attorney General Ken Paxton filed suit on behalf of Texas against the mandates being enforced for Federal contractor employees.    Today, Attorney General Paxton also filed suit against the Biden Administration for Unconstitutional Vaccine Mandate.  These suits will be heard in the Federal 5^th Court of Appeals.  I am hopeful that that Court will strike down the OSHA requirements, or at least, pause the requirement dates until the case is heard and decided.

Please join me in praying for our nation.  This is a personal liberty crossroads that will change us for the better or worse.  I stand for liberty.

Candy Noble

Source: Things are really picking up here in the Texas Capitol!