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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of face covering mandates by this state |
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and political subdivisions of this state in response to the |
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COVID-19 pandemic; providing exceptions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 418, Government Code, is |
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amended by adding Section 418.196 to read as follows: |
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Sec. 418.196. LIMITATION ON AUTHORITY OF GOVERNMENTAL |
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ENTITY TO MANDATE CERTAIN FACE COVERINGS. (a) In this section, |
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"governmental entity" means: |
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(1) this state; |
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(2) a municipality, county, school district, public |
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health authority, or other political subdivision of this state; and |
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(3) an officer or employee of this state or a political |
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subdivision of this state. |
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(b) Notwithstanding any other law and except as provided by |
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Subsection (c), a governmental entity may not adopt or enforce an |
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ordinance, order, or other measure that requires an individual to |
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wear a face covering in response to the COVID-19 pandemic. |
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(c) The limitation prescribed by Subsection (b) does not |
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apply to an ordinance, order, or other measure that relates to: |
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(1) a state supported living center, as defined by |
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Section 531.002, Health and Safety Code; |
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(2) a hospital that is owned or operated by this state, |
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an agency of this state, or the federal government; or |
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(3) subject to any applicable guidance provided by the |
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Texas Commission on Jail Standards, a facility operated by the |
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Texas Department of Criminal Justice or the Texas Juvenile Justice |
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Department or a municipal or county jail. |
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SECTION 2. 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. |