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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to suspend entry into this state of |
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certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Texas Title 42 |
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Act. |
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SECTION 2. 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. Suspension of entry of persons from designated places |
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to prevent spread of communicable diseases |
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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. |
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(2) "Federally declared public health emergency" |
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means: |
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(A) a public health emergency declared by the |
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United States Secretary of Health and Human Services under 42 |
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U.S.C. Section 247d; or |
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(B) an emergency or disaster declared, including |
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under a renewal of the declaration, by the president of the United |
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States in relation to a public health emergency described by |
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Paragraph (A) under: |
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(i) the National Emergencies Act (50 U.S.C. |
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Section 1601 et seq.); or |
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(ii) the Robert T. Stafford Disaster Relief |
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and Emergency Assistant Act (42 U.S.C. Section 5121 et seq.). |
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(3) "Port of entry" means a port of entry in the United |
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States, as defined by part 101 of the customs regulations (19 CFR |
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part 101). |
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(4) "Person" means any individual other than (i) one |
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described in the first sentence of section 1 of the Fourteenth |
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Amendment to the United States Constitution or (ii) one described |
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in 8 U.S.C. § 1101(a)(20). |
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Sec. 81B.002. SUSPENSION OF ENTRY. (a) During any of the |
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following, all persons entering Texas by land from another country |
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must pass through a legal port of entry for appropriate medical |
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review: |
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(1) the pendency of any federally declared public |
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health emergency for COVID-19, |
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(2) at any time which the federal government has in |
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place any vaccination requirements for any person lawfully |
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residing in the United States, including but not limited to |
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government contractors or healthcare workers, for the purposes of |
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preventing the spread of COVID-19 in the United States, |
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(3) at any time which the U.S. Department of State has |
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travel warnings for health for any country from which citizens have |
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illegally entered the United States during the most recent year for |
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which there is available data; or |
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(4) the period the COVID-19 vaccine is listed on the |
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recommended child and adolescent immunization schedule published |
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by the federal Centers for Disease Control and Prevention. |
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(b) Any person who enters the State of Texas from a foreign |
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country other than in accordance with subsection (a) of this |
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section, shall be removed to the country from which they entered the |
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United States, or their country of origin, or another location as |
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practicable, as rapidly as possible, with as little time spent in |
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congregate settings as practicable under the circumstances. |
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SECTION 3. 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 on the 91st day after the last day of the |
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legislative session. |