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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting face covering mandates for public school |
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students, prohibiting public schools from requiring students to |
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provide documentation regarding certain vaccinations, and allowing |
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public schools to screen students regarding certain infections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0021 to read as follows: |
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Sec. 38.0021. FACE COVERING MANDATE PROHIBITED. |
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Notwithstanding any other law, a student in any grade level from |
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kindergarten through grade 12 may not be required to wear a face |
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mask or face covering to prevent the spread of an infectious disease |
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as a condition of the student's admission to, continued enrollment |
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in, or attendance at any public school in this state. |
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SECTION 2. Section 161.0085, Health and Safety Code, is |
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amended by adding Subsection (b-1) and amending Subsection (e) to |
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read as follows: |
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(b-1) A school district or open-enrollment charter school |
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may not require a student to provide any documentation certifying |
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the student's COVID-19 vaccination status or post-transmission |
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recovery to allow the student entry to, to gain access to, or to |
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receive educational services from the district or school. |
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(e) This section may not be construed to: |
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(1) restrict a business, school district, or |
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open-enrollment charter school from implementing COVID-19 |
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screening and infection control protocols in accordance with state |
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and federal law to protect public health; or |
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(2) interfere with an individual's right to access the |
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individual's personal health information under federal law. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |