87S21003 YDB-F
 
  By: Johnson S.B. No. 95
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the governor's issuance of executive orders,
  proclamations, and regulations regarding the wearing of face masks
  or coverings during a declared state of disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 418.012, Government Code, is amended to
  read as follows:
         Sec. 418.012.  EXECUTIVE ORDERS. (a) Under this chapter,
  the governor may issue executive orders, proclamations, and
  regulations and amend or rescind them. Executive orders,
  proclamations, and regulations have the force and effect of law.
         (b)  Notwithstanding Subsection (a), the governor may not
  issue an executive order, proclamation, or regulation under this
  chapter that prohibits an institution of higher education as
  defined by Section 61.003, Education Code, school district,
  open-enrollment charter school, municipality, county, or health
  authority from adopting a policy or issuing an order requiring the
  wearing of face masks or coverings during a declared state of
  disaster.
         SECTION 2.  The changes in law made by this Act apply to an
  order, proclamation, or regulation that is in effect on the
  effective date of this Act or that is issued or renewed on or after
  the effective date of this Act. An order, proclamation, or
  regulation in effect on the effective date of this Act that
  conflicts with the law as amended by this Act is void as of that date
  and not enforceable against any person.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.