Andy Hopper, an incoming Texas state representative, is proposing an amendment to the state constitution establishing a right to refuse vaccinations.

House Joint Resolution 91 would amend Article 1 of the Texas Constitution to declare that an “individual has the unalienable and natural right to refuse a vaccination.”

“The vaccination status of an individual may not be made a condition of employment, travel, school or other educational institution attendance, conducting business, receiving governmental services, or any other action in this state,” continues the resolution.

If the resolution receives two-thirds support in both the House and the Senate, voters would have an opportunity to ratify or reject the amendment in an election planned for November 4, 2025.

The ballot would read as follows: “The constitutional amendment recognizing the right of an individual to refuse a vaccination.”

Tom Glass, a Republican candidate for House District 17 earlier this year, previously proposed similar measures in the 87th and 88th Legislatures as a citizen activist.

Dr. Mary Talley Bowden, founder of Americans for Health Freedom, commended the measure in an X post on Thursday.

“First in the country! Representative-elect for TX HD64 … (Andy Hopper) … files bill HJR 91 proposing a constitutional amendment regarding the right to refuse a vaccination,” wrote Bowden. “This is the beginning and more is coming!”

Hopper told Texas Scorecard that he filed the proposed constitutional amendment to “forever protect Texans from being coerced by any person or entity to take a vaccine in order to participate in society.”

“Over the past two sessions, we’ve seen good bills that targeted certain types of vaccines,” explained Hopper, “but Texans deserve comprehensive protection that will ensure that they are never extorted by others to inject something into their body, especially when our government has indemnified pharmaceutical companies from adverse effects.”

“Texas must protect her citizens from every tyranny,” he added.

Texans for Vaccine Choice Political Director Michelle Evans said that Hopper’s amendment would “put to rest any and all vaccine mandates in Texas.”

“Texans for Vaccine Choice strongly supports this bill and will fight alongside Representative Hopper to not only get it passed, but to see it successfully added to our state’s Constitution,” stated Evans.

Hopper’s proposal comes roughly one year after Gov. Greg Abbott signed a measure into law banning COVID-19 vaccine mandates by private employers during the 88th Legislature’s third special session.

The next legislative session starts on January 14, 2025.

Luca Cacciatore

Luca H. Cacciatore is a journalist for Texas Scorecard. He is an American Moment inaugural fellow and former welder.

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