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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited governmental entity implementation or |
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enforcement of a vaccine mandate, mask requirement, or private |
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business or school closure to prevent the spread of COVID-19. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Health and Safety Code, is |
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amended by adding Chapter 81B to read as follows: |
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CHAPTER 81B. PROHIBITED CORONAVIRUS PREVENTATIVE MEASURES |
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Sec. 81B.001. DEFINITIONS. In this chapter: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease and any variants of the disease. |
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(2) "Governmental entity" means this state, a local |
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government entity as defined by Section 418.004, Government Code, |
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an open-enrollment charter school, or an agency of this state or a |
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local government entity. |
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Sec. 81B.002. PROHIBITED FACE-COVERING MANDATE. (a) |
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Except as provided by Subsection (b), a governmental entity may not |
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implement, order, or otherwise impose a mandate requiring a person |
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to wear a face mask or other face covering to prevent the spread of |
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COVID-19. |
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(b) The limitation prescribed by Subsection (a) does not |
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apply to an order or mandate that relates to: |
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(1) a state supported living center, as defined by |
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Section 531.002, subject to any applicable rule or guidance |
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prescribed by the commission that conflicts with that limitation; |
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(2) a facility operated by the Texas Department of |
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Criminal Justice or the Texas Juvenile Justice Department or a |
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municipal or county jail, subject to any applicable rule or |
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guidance prescribed by the Commission on Jail Standards that |
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conflicts with that limitation; or |
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(3) a hospital or other health care facility owned by a |
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governmental entity, including a hospital or other health care |
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clinic operated by or associated with an institution of higher |
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education, as that term is defined by Section 61.003, Education |
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Code, subject to any applicable order, ordinance, or guidance |
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prescribed by that governmental entity that conflicts with that |
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limitation. |
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Sec. 81B.003. PROHIBITED VACCINE MANDATE. (a) Except as |
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provided by Subsection (b), a governmental entity may not |
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implement, order, or otherwise impose a mandate requiring a person |
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to be vaccinated against COVID-19. |
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(b) The prohibition under Subsection (a) applies only to the |
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extent the prohibition does not conflict with the final rule |
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adopted by the Centers for Medicare and Medicaid Services and |
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published at 86 Fed. Reg. 61555 (November 5, 2021). |
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Sec. 81B.004. PROHIBITED CLOSURE MANDATE FOR PRIVATE |
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BUSINESSES AND SCHOOLS. A governmental entity may not implement, |
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order, or otherwise impose a mandate requiring the closure of a |
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private business, public school, open-enrollment charter school, |
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or private school to prevent the spread of COVID-19. |
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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. |