MrMarc Posted June 9, 2021 Report Share Posted June 9, 2021 Local news is reporting that cruise lines CAN ask for proof of vaccination under the new Texas law: https://abc13.com/carnival-cruises-to-sail-out-of-galveston-travel-cruise-ships/10763339/ Quote Link to comment Share on other sites More sharing options...
smokeybandit Posted June 9, 2021 Report Share Posted June 9, 2021 That says the cruise lines believe they have a loophole to use to get around the laws, not that the state law specifically allows it Quote Link to comment Share on other sites More sharing options...
MrMarc Posted June 9, 2021 Author Report Share Posted June 9, 2021 9 minutes ago, smokeybandit said: That says the cruise lines believe they have a loophole to use to get around the laws, not that the state law specifically allows it The law does specifically state it, look at (e)(1): Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED. (a) In this section, "COVID-19" means the 2019 novel coronavirus disease. (b) A governmental entity in this state may not issue a vaccine passport, vaccine pass, or other standardized documentation to certify an individual's COVID-19 vaccination status to a third party for a purpose other than health care or otherwise publish or share any individual's COVID-19 immunization record or similar health information for a purpose other than health care. (c) A business in this state may not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business. A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds. (d) Notwithstanding any other law, each appropriate state agency shall ensure that businesses in this state comply with Subsection (c) and may require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state. (e) This section may not be construed to: (1) restrict a business from implementing COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health; or (2) interfere with an individual's right to access the individual's personal health information under federal law. Quote Link to comment Share on other sites More sharing options...
WhiteSoxFan Posted June 9, 2021 Report Share Posted June 9, 2021 Reports say there is an exception for entities under the jurisdiction of another federal agency Quote Link to comment Share on other sites More sharing options...
danv3 Posted June 10, 2021 Report Share Posted June 10, 2021 Florida has a similar, but not identical, exception as the Texas law: "This subsection does not otherwise restrict businesses from instituting screening protocols consistent with authoritative or controlling government-issued guidance to protect public health." http://laws.flrules.org/2021/8 If the CDC orders cruises to check for vaccination status, there's little doubt that controls over either state's law. On key issue at the moment is that the CDC does not mandate vaccination for cruise ship passengers. Quote Link to comment Share on other sites More sharing options...
MrMarc Posted June 11, 2021 Author Report Share Posted June 11, 2021 To me, this may be why the cruise lines did not join the lawsuit in Florida. If Florida wins, they loose the protection of a Federal mandate that would overrule the State laws, and the loophole is closed. There are so many moving parts to this situation, no one knows or can predict what will happen tomorrow. But that isn't discouraging me or anyone else from having fun speculating online. Quote Link to comment Share on other sites More sharing options...
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