https://gov.texas.gov/uploads/files/press/EO-GA-40_prohibiting_vaccine_mandates_legislative_action_IMAGE_10-11-2021.pdfGOVERNOR GREG ABBOTT
Mr. Joe A. Esparza
Deputy Secretary of State
State Capitol Room 1E.8
Austin, Texas 78701
Dear Deputy Secretary Esparza:
Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following:
Executive Order No. GA-40 relating to prohibiting vaccine mandates, subject to
legislative action.
The original executive order is attached to this letter of transmittal.
Respectfully submitted,
October 11, 2021 FILED IN TH UFF ICE OF THESECRETARY OF STATE
-_4O'CLOCK
2O2i
the Governor
Attachment
POST OFFICE Box 12428 AUSTIN, TEXAS 78711 512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICESxrcuthr 1rirrBY THEGOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
October 11, 2021
EXECUTIVE ORDER
GA4O
Relating to prohibiting vaccine mandates,
subject to legislative action.
WHEREAS, I, Greg Abbott, Governor of Texas, issued a disaster proclamation on March
13 , 2020, certifying under Section 4 1 8.014 of the Texas Government Code that the
novel coronavirus (COVID- 19) poses an imminent threat of disaster for all Texas
counties; and
WHEREAS, in each subsequent month effective through today, I have renewed the
COVID-19 disaster declaration for all Texas counties; and
WHEREAS, I have issued a series of executive orders aimed at protecting the health and
safety of Texans, ensuring uniformity throughout Texas, and achieving the least
restrictive means of combatting the evolving threat to public health; and
WHEREAS, COVID-19 vaccines are strongly encouraged for those eligible to receive
one, but must always be voluntary for Texans; and
WHEREAS, I issued Executive Orders GA-35, GA-38, and GA-39 to prohibit
governmental entities and certain others from imposing COVID- 19 vaccine mandates or
requiring vaccine passports; and
WHEREAS, in yet another instance of federal overreach, the Biden Administration is
now bullying many private entities into imposing COVID-19 vaccine mandates, causing
workforce disruptions that threaten Texas' s continued recovery from the COVID- 19
disaster; and
WHEREAS, countless Texans fear losing their livelihoods because they object to
receiving a COVID- 1 9 vaccination for reasons of personal conscience, based on a
religious belief, or for medical reasons, including prior recovery from COVID-19; and
WHEREAS , through Chapter 16 1 of the Texas Health and Safety Code, as well as other
laws including Chapters 38 and 5 1 of the Texas Education Code, the legislature has
established its primary role over immunizations, and all immunization laws and
regulations in Texas stem from the laws established by the legislature; and
WHEREAS, the legislature has taken care to provide exemptions that allow people to opt
out of being forced to take a vaccine for reasons of conscience or medical reasons; and
WHEREAS, I am adding this issue to the agenda for the Third Called Session of the
legislature that is currently convened so that the legislature has the opportunity to
consider this issue through legislation; and
WHEREAS, I will rescind this executive order upon the effective date of such legislation;
FILED IN THE OFFiCE OF ThS,... SECRETARY OF STATE4 :
OCT 1 1 2021Governor Greg Abbott Executive Order GA-40
October 1 1 , 202 1 Page 2
NOW, THEREFORE, I, Greg Abbott, Governor of Texas, by virtue of the power and
authority vested in me by the Constitution and laws of the State of Texas, do hereby order
the following on a statewide basis effective immediately:
1. No entity in Texas can compel receipt of a COVID-19 vaccine by any
individual, including an employee or a consumer, who objects to such
vaccination for any reason of personal conscience, based on a religious
belief, or for medical reasons, including prior recovery from COVID-19.
I hereby suspend all relevant statutes to the extent necessary to enforce
this prohibition.
2. The maximum fine allowed under Section 4 1 8. 173 of the Texas
Government Code and the State' s emergency management plan shall
apply to any "failure to comply with" this executive order. Confinement
in jail is not an available penalty for violating this executive order.
3. This executive order shall supersede any conflicting order issued by
local officials in response to the COVID-19 disaster. Pursuant to
Section 418.016(a) of the Texas Government Code, I hereby suspend
Sections 418.1015(b) and 418.108 of the Texas Government Code,
Chapter 8 1 , Subchapter E of the Texas Health and Safety Code, and any
other relevant statutes, to the extent necessary to ensure that local
officials do not impose restrictions in response to the COVID-19 disaster
that are inconsistent with this executive order.
This executive order does not supersede Executive Orders GA-13, GA-37, GA-38, or GA-
39. This executive order shall remain in effect and in full force unless it is modified,
amended, rescinded, or superseded by the governor. This executive order may also be
amended by proclamation of the governor.
Given under my hand this the 1 ith
day of October, 2021.
GREG ABBOTT
Governor
ATTESTED BY:
Deputy ecretary of State
FILED IN THE ONL.SECRETARY OF STATE
O'CLOCK
OCT 1 1 2021