By: Eckhardt, et al. S.B. No. 40
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the implementation by public schools of certain
  COVID-19 public health orders issued by a health authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0023 to read as follows:
         Sec. 38.0023.  REQUIRED IMPLEMENTATION OF CERTAIN COVID-19
  PUBLIC HEALTH ORDERS.  (a) In this section, "health authority" has
  the meaning assigned by Section 81.003, Health and Safety Code.
         (b)  Notwithstanding any other law, a school district shall
  implement or otherwise comply with health directives outlined in a
  public health order issued by a health authority with jurisdiction
  over territory in which the district is wholly or partly located
  regarding evidence-based practices to reduce or eliminate the
  transmission of or infection with COVID-19 among district students
  and staff, including directives requiring the students and staff to
  wear face masks or face coverings.
         SECTION 2.  Section 38.0023, Education Code, as added by
  this Act, applies only to a public health order issued by a health
  authority on or after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2022.