Comptroller Huffines Bars State Contracts for Businesses That Demand COVID Vaccine Papers

Texas Comptroller Don Huffines has ordered that any business demanding proof of COVID-19 vaccination or recovery from its customers cannot receive a contract or grant from his agency.

Under the executive order, announced Wednesday, every contractor and grantee of the Texas Comptroller of Public Accounts must certify that it does not require customers to show COVID-19 vaccination or recovery papers to enter, gain access to or receive service from a business, according to the comptroller’s announcement. The agency is writing immediate-termination authority into its agreements to enforce the certification.

“The government has no authority to demand medical papers from Texans just so they can access basic services,” Huffines said.

A law already on the books

The order enforces a law Texas passed five years ago. Senate Bill 968, signed June 16, 2021, and effective immediately, added Section 161.0085 to the Health and Safety Code. It says a business in Texas “may not require a customer to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery” to enter or be served.

The statute already carries a penalty. A business that breaks the rule “is not eligible to receive a grant or enter into a contract payable with state funds,” according to the enrolled bill. It also directs each state agency to “ensure that businesses in this state comply.”

The same section bars state and local governments from issuing a vaccine passport or sharing anyone’s COVID-19 immunization record for purposes other than health care. It does not stop a business from running COVID-19 screening and infection control measures under state and federal law.

What contractors must sign

Under the order, contractors and grantees must certify that they will comply with Section 161.0085 for the full term of the agreement, that they do not require customers to show COVID-19 vaccination or recovery documentation, and that requiring it makes them ineligible for a state-funded contract or grant.

The certification will be a standard term in future comptroller contracts and grants, and the agency will add it to its solicitations and agreements “going forward,” the announcement said. The announcement does not say the requirement applies to agreements already in force.

Earlier orders

Huffines, who took office on August 1, has issued three earlier executive orders, according to the agency’s executive orders page. They target what the office called a hidden double tax on Texas families and small businesses, move to end the sales tax on electronic medical records systems, and bar grant money for Flock cameras and license plate trackers.

“During COVID, Texans had their liberty taken from them one mandate at a time,” Huffines said. “This order is one more step in an ongoing effort to give Texans back the freedoms that were taken from them, and there is more to come.”